How does CWR define a child witnesses?

A child witness is any person who, at the time of giving testimony, is below the age of eighteen
years. However, a person over eighteen may at times be considered a child witness. For example, in
child abuse cases, a child included one over eighteen years but is found by the court as unable to fully
take care of himself or protect himself from abuse, neglect, cruelty, exploitation, or discrimination
because of a physical or mental disability or condition.
What are the main differences in the treatment of a child witness vis--vis an adult witness?
Oath or affirmation
Presentation of witnesses
Mode of questioning
Leading questions
Objections
Exclusion
Other differences
When is a child qualified to be a witness?
Every child is qualified to be a witness and to rebut the presumption of competence enjoyed by
a child, the burden of proof lies on the party challenging his competence. When the court finds that
substantial doubt exists regarding the ability of the child to perceive, remember, communicate,
distinguish truth from falsehood, or appreciate the duty to tell the truth in court, the court shall conduct
a competency examination of the child motu propio.
What is a competency examination and how conducted?
A competency examination is the assessment of the capability of the child to be a witness. It
shall only be conducted by the judge. If the counsels of the parties desire to ask questions, they
cannot do so directly. Instead, they are allowed to submit questions to the judge which he may ask the
child in his discretion. The questions asked at the competency examination shall be appropriate to the
age and developmental level of the child. The questions shall not be related to the issues at the trial
but shall focus on the ability of the child to remember, communicate, distinguish between truth and
falsehood, and appreciate the duty to testify truthfully.
A party who seeks a competency examination must present proof of necessity of a competency
examination. Proof of such necessity must be grounded on reasons other than the age of the child
because age is not a sufficient basis for such examination. This examination os not open to the public.
Only the judge, necessary court personnel, counsel for the parties, guardian ad litem, support persons
for the child, and the defendant, unless the court determines that competence can be fully evaluated in
his absence, may be allowed to attend the competency examination.
Who has burden of rebutting presumption of competence enjoyed by the child witness?
The burden of proof lies on the party challenging the competence of the child witness. When
the court finds that substantial doubt exists regarding the ability of the child to be a witness, then upon
motion of a party, the court shall conduct a competency examination of the child.