A person is disqualified to be a witness if he is: 1. Incapable of expressing himself concerning the matter so as to be understood, either directly or through interpretation by one who can understand him; or 2. Incapable of understanding the duty of a witness to tell the truth. SOURCE: Calif. Evidence Code § 701. Contrast Guam CCP § 1880. COMMENT: Section 601 (Div. 1) of this Title gives the general rule. The Federal Rules refer this matter to the states. Therefore some guidance is needed for Guam. Guam CCP § 1880 is antiquated. A number of attorneys have asked that the "Dead Man's Statute" be repealed. This was a part of former 1880 and contained limitations on testimony regarding transactions between the witnessed and a deceased party. California repealed this long ago. Additionally, this Section follows California in removing lower age limits on witnesses, making sure only that they know and under- stand their duty to tell the truth regarding an event.