Evidence and Admissibility
Foundations
Rule 602 requires evidence sufficient to support a finding that the witness has personal knowledge. The requirement does not apply to expert opinion testimony under Rule 703.
The witness's own testimony may establish it.
Alternative Names:
Firsthand Knowledge|Rule 602
Why it Matters?
The requirement is the basis for objecting to testimony about what a witness was told or assumed rather than observed, which is distinct from a hearsay objection though the two frequently overlap. Corporate witnesses testifying from file review rather than involvement present the recurring issue, since knowledge acquired from documents is not personal knowledge of the underlying events. Establishing the source of the witness's information on cross is what develops the objection.
Frequently Confused with
Related terms
Frequently asked questions
Does the requirement apply to experts?
What is the recurring issue?
