All Federal Rules of Evidence

Article VI — Witnesses

Rule 602: Need for Personal Knowledge

Quick Answer

What is Need for Personal Knowledge?

Rule 602 requires that a lay witness (non-expert) can only testify about things they personally perceived through their own senses — what they saw, heard, smelled, touched, or otherwise directly experienced. A witness cannot testify about events they only learned about secondhand or about matters they have no direct knowledge of.

Source: Fed. R. Evid. 602

Rule Text

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 rule does not apply to a witness's expert testimony under Rule 703.

Plain English Explanation

Rule 602 requires that a lay witness (non-expert) can only testify about things they personally perceived through their own senses — what they saw, heard, smelled, touched, or otherwise directly experienced. A witness cannot testify about events they only learned about secondhand or about matters they have no direct knowledge of.

The personal knowledge requirement works as a foundation for testimony. Before a witness testifies about a fact, there must be enough evidence to support a finding that the witness actually knows about that fact from personal experience. The witness's own testimony can supply this foundation — for example, 'I was standing at the corner when the accident happened, and I saw the car run the red light.'

This rule does not apply to expert witnesses testifying under Rules 702-705, because experts are specifically allowed to base their opinions on information they did not personally observe, as long as it is the type of information experts in the field would reasonably rely upon. The personal knowledge requirement also overlaps with but is distinct from the hearsay rule — both aim to ensure that testimony is based on reliable firsthand information.

Key Points

  • 1Lay witnesses must testify from personal knowledge — what they directly perceived
  • 2The witness's own testimony can establish the foundation of personal knowledge
  • 3The standard is whether sufficient evidence supports a finding of personal knowledge (Rule 104(b))
  • 4Expert witnesses are exempt — they may rely on information not personally observed (Rule 703)

Common Exam Issues

  • Distinguishing lack of personal knowledge from hearsay — both involve secondhand information but are different objections
  • Whether a witness has sufficient personal knowledge to testify about a particular fact
  • The low threshold — the question is whether a reasonable juror could find the witness has personal knowledge

Landmark Cases

  • United States v. Davis
  • Kemp v. Balboa

Article VI — Witnesses

This rule is part of Article VI — Witnesses of the Federal Rules of Evidence.

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