CACI 224 Testimony of Child

California Civil Jury Instructions CACI

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 child.

Sources and Authority

Minors Qualified to Testify. Evidence Code section 700.

Evaluation of Child’s Testimony in Criminal Trial. Penal Code section 1127f.

Secondary Sources

3 Witkin, California Evidence (5th ed. 2012) Presentation, §§ 13, 100, 232
Wegner et al., California Practice Guide: Civil Trial and Evidence, Ch. 8C-A, Testimony, ¶¶ 8:228–8:233 (The Rutter Group)
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 Bender)
California Judges Benchbook: Civil Proceedings—Trial § 8.105 (Cal CJER 2019)