TITLE SIX — WITNESSES
Rule 602. Need for Personal Knowledge
Personal Knowledge. A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness’s own testimony. This section does not apply to a witness’s expert opinion testimony.
What Constitutes Personal Knowledge. A witness has personal knowledge of a matter which the witness perceived through the senses, including a matter perceived within the game environment of this State, a communication the witness read or wrote in the proceeding communications or in any other channel or direct message, and a record or system the witness personally operated, observed, or maintained. Knowledge acquired solely from the statement of another person is not personal knowledge, and testimony resting upon it is governed by Title Eight.
Sufficiency of the Foundation. The requirement of this rule is satisfied by evidence sufficient to support a finding, and not by proof to the satisfaction of the court. Where the foundation is sufficient, the extent and reliability of the witness’s opportunity to perceive, the witness’s capacity to perceive, and the accuracy of the witness’s recollection are matters of weight for the fact finder and subjects of cross-examination under Rule 611(2).
Conditional Admission. Where the foundation for personal knowledge is not laid before the testimony is given, the court may admit the testimony de bene upon the condition that the foundation be supplied later, as Rule 104(2) provides. Testimony so admitted is subject to a motion to strike if the foundation is not forthcoming.
Objection; Motion to Strike. An objection that a witness lacks personal knowledge shall be made when the want of knowledge appears, and shall state that ground, as Rule 103(1)(a) requires. Where testimony has been received and it thereafter appears that the witness lacked personal knowledge, the remedy is a motion to strike and an instruction to the fact finder to disregard.
Application to Particular Testimony.
Lay Opinion. A lay opinion must be rationally based on the witness’s perception, as Rule 701(1) requires, and this rule applies to the perception on which the opinion rests.
Expert Opinion. This rule does not apply to an expert’s opinion, the bases of which are governed by Rule 703.
Authentication. A witness who authenticates an item by testifying that it is what it is claimed to be must have personal knowledge sufficient to support that testimony, as Rule 901(2)(a) provides.
Statements of an Opposing Party. This rule does not require that a witness reporting a statement of an opposing party under Rule 801(4)(b) have personal knowledge of the matter asserted in that statement; the witness must have personal knowledge that the statement was made.
Habit and Routine Practice. A witness testifying to the routine practice of a business organization under Rule 406(1) must have personal knowledge of the practice, and need not have observed the particular occasion.
Records and Automated Output. A witness may testify to the content of a record, log, or output of an automated system of which the witness has personal knowledge as its operator, custodian, or a person familiar with its operation. Where the witness has no such knowledge, the record is proved as Title Nine and Title Ten provide.