224.Testimony of Child
You have heard testimony from a witness who is [ ] years old. As
with any other witness, you must decide whether the child gave truthful
and accurate testimony.
In evaluating a child’s testimony, you should consider all of the factors
surrounding that testimony, including the child’s age and ability to
perceive, understand, remember, and communicate.
You should not discount or distrust testimony just because a witness is a
New April 2008
Sources and Authority
• Minors Qualiﬁed to Testify. Evidence Code section 700.
• Evaluation of Child’s Testimony in Criminal Trial. Penal Code section 1127f.
3 Witkin, California Evidence (5th ed. 2012) Presentation, §§ 13, 100, 232
Wegner et al., California Practice Guide: Civil Trial and Evidence (The Rutter
Group) ¶¶ 8:228–8:230
Jefferson’s California Evidence Benchbook (Cont.Ed.Bar 3d ed.) § 26.2
48 California Forms of Pleading and Practice, Ch. 551, Trial, §§ 551.111, 551.113,
551.122 (Matthew Bender)
1 Cotchett, California Courtroom Evidence, Ch. 16, Competency, Oath,
Confrontation, Experts, Interpreters, Credibility, and Hypnosis, § 16.01 (Matthew
California Judges Benchbook: Civil Proceedings—Trial (2d ed.) § 8.105 (Cal CJER
225–299. Reserved for Future Use