Is there a legal defense not to answer questions when testifying due to possible lack of memory?

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Is there a legal defense not to answer questions when testifying due to possible lack of memory?

My father has the symptoms of dementia and Alzheimers but has never been diagnosed due to not mentioning it to his doctor due to fear of knowing and fear of my mother using it against him in court.

Asked on August 11, 2012 under Family Law, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In court one is to simply answer a question if understood to the best of his or her memory. If the witness does not know the answer to the question the correct answer is that he or she does not know or remember. There is no legal defense of not answering questions due to lack of memory.


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