1003. Competence.

1003.     Competence.

In civil proceedings a person is not competent to give evidence if, at the time of being tendered as a witness he is mentally incapable of testifying, he was for the time being incapable of understanding questions and of giving a rational account of events due to illness; or he does not appreciate the nature and obligation of an oath or affirmation1.

Questions as to the competence or incompetence of a witness are decided by the court2. In civil proceedings the court has a general discretionary power to control evidence3.