Title 24, Chapter 9, Section 7
(a) The competency of a witness shall be decided by the court. The
court shall by examination decide upon the capacity of one alleged
to be incompetent from idiocy, lunacy, insanity, drunkenness, or
(b) If an objection to competency is known, it shall be taken before
the witness is examined at all. It may be proved by the witness
himself or by other testimony. If proved by other testimony, the
witness shall be incompetent to explain it away.
(c) Any fact which in the judgment of the court removes the ground
of incompetency shall restore the competency of the witness.