No child shall be deemed incompetent to testify solely because of age.
§ 8.01-396.1.Competency of witness.
Chapter 14. Evidence · Article 4. Witnesses Generally · Last amended 1993 · Last verified July 16, 2026
In one sentenceThis one-line statute confirms that a child’s age alone can never make the child incompetent to testify in a Virginia civil case, leaving any concerns about a young witness’s ability to understand and communicate to be handled through the ordinary rules for qualifying witnesses.
Full Text of § 8.01-396.1
Plain-English Summary
Before this section existed, lawyers sometimes argued that a child was too young to be a reliable witness and should be barred from testifying altogether. Section 8.01-396.1 closes that argument off at the door: age by itself is not a disqualifying factor.
That does not mean every child witness sails through untested. Courts still look at whether a witness — child or adult — understands the obligation to tell the truth and can communicate what happened. This section removes only the blanket, age-based bar; it leaves case-by-case evaluation of a child’s individual capacity to the ordinary competency inquiry that applies to any witness.
The rule matters most in cases involving young victims or bystanders — custody disputes, personal injury cases with child witnesses, and abuse or neglect proceedings — where the opposing side might otherwise try to keep a child off the stand by pointing to a birth certificate alone.
Frequently Asked Questions
Can a young child testify in a Virginia civil case?
Yes. The statute states that no child is deemed incompetent to testify solely because of age.
Does this mean any child, no matter how young, can testify without further inquiry?
The section removes age as an automatic bar, but it does not eliminate the general requirement that a witness be capable of testifying; courts may still assess an individual child’s capacity through the competency rules that apply to any witness.
Does this section apply to criminal cases too?
The text of this section is not limited in its wording, but it sits within the Title 8.01 civil remedies and procedure framework and is applied in civil proceedings.
Is there a related provision for appointing a lawyer to protect a child witness’s interests?
Yes, a separate section addresses appointment of a guardian ad litem to represent a minor called to testify.
Who decides if a child understands the obligation to tell the truth?
The statute itself does not spell out a procedure; it removes only age as a categorical disqualifier, leaving assessment of the child’s individual competency to the court under the general rules applicable to witnesses.
Amendment History
1993, cc. 441, 605.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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