FRE · Rule 602

FRE Rule 602

Quick Answer

What is FRE Rule 602?

Rule 602 addresses the requirement of personal knowledge for witnesses in federal court.

Source: FRE Rule 602

Official Text
A witness may not testify to a matter until evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Testimony must be based on the witness's own perceptions.
Plain Language

FRE Rule 602 requires that a witness must have direct knowledge about the facts they are testifying about. This means they should have seen, heard, or otherwise experienced the events firsthand, ensuring that their testimony is reliable.

Purpose

The purpose of Rule 602 is to ensure that only reliable and relevant testimony is presented in court, which helps maintain the integrity of the judicial process. It protects against hearsay and unfounded assertions by requiring personal knowledge.

Key Provisions

Personal Knowledge Requirement

A witness must be able to show that they have firsthand knowledge of the facts they are testifying about, which helps in establishing the credibility of their testimony.

Practice Notes
  • Always establish the witness's personal knowledge during direct examination to avoid objections.
  • Use leading questions sparingly; instead, allow the witness to explain their first-hand experience.
  • Incredibly crucial during motions in limine; be prepared to argue about the admissibility of testimony based on personal knowledge.
Landmark Cases

United States v. McCarty

In this case, the court underscored the necessity for witnesses to demonstrate their personal knowledge before their testimony is admitted, reinforcing the principles set out in Rule 602.

Exam Tip

FRE Rule 602 may appear in exam questions regarding witness testimony, often asking about the admissibility of evidence based on a witness's personal knowledge. Be prepared to distinguish between admissible and inadmissible testimony based on this rule.

Related Rules
  • fre-rule-601
  • fre-rule-603

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