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Store sues Contractor after a nighttime fire destroyed Store's loading dock. Store calls Neighbor's eight-year-old daughter, Lily, who was awake in a bedroom overlooking the dock. In a preliminary hearing outside the jury's presence, Lily says she saw "a man in a yellow vest using a hot tool near boxes," heard "popping sounds," and then saw smoke. She cannot state the exact time, confuses the color of a truck in two answers, and says she does not know what "perjury" means. When the judge asks why she should tell the truth, Lily says, "Because lying in court is wrong and the judge needs to know what really happened."
Contractor moves to exclude Lily entirely because she is too young, inconsistent, and unable to identify the tool by name. Contractor also asks the court to bar any testimony about what caused the fire because Lily is not an expert.
How should the court rule? Discuss witness competency, personal knowledge, oath or affirmation, lay limits, and how the court should handle weaknesses in Lily's testimony.