Incompetent
Incompetent: Lacking the legal or mental ability to do something. A defendant is incompetent to stand trial when they lack a sufficient present ability to consult with a lawyer with a reasonable degree of rational understanding, or a rational and factual understanding of the proceedings (Dusky v. United States, 362 U.S. 402 (1960)). A court may also find an adult incompetent and appoint a guardian or conservator. Evidence can be called incompetent when the rules do not allow it.
What incompetent means
In practice, you will see incompetent in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.
Where incompetent comes up
The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.
How to research the term
First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses incompetent in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.
You can read the current federal court rules online for free.
Related legal terms
- Impeachment (of a witness): attacking a witness's credibility, for example by showing bias, a prior inconsistent statement or, in some cases, a criminal conviction. Federal Rules of Evidence 607 to 610 and 613 address impeachment.
- Impleader: bringing a third party into a lawsuit because that party may be liable for some or all of the claim. Also called a third-party complaint.
- In forma pauperis: proceeding without prepaying court fees because of inability to pay.
- In propria persona: latin for "in one's own person." Appearing in court for yourself, without an attorney. Also called pro per or pro se.
Why precise terms matter
Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.
Sources
Sources last reviewed: 2026-10-24
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.