Also known as: firsthand knowledge · first hand knowledge · personal knowledge · direct knowledge
Written by attorneys · grounded in primary & secondary sources — see below
A foundational requirement that a witness or affiant must have directly perceived the facts through personal observation rather than through reports from others.
Felix Franco submitted an affidavit in support of a summary judgment motion claiming that a supplier had delivered defective parts. The affidavit stated that the defects existed based on reports from warehouse staff. The court struck the affidavit because Franco had not personally inspected the parts himself.
Forrest Falconer testified at trial that he saw a delivery truck run a red light. On cross-examination he admitted he had learned the light color from a bystander. The court excluded the testimony for lack of personal knowledge.
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Felicia Fuentes appeared before a judge who had previously investigated the same disputed transaction in an administrative proceeding. The judge acknowledged having reviewed internal documents detailing the facts now at issue. The judge recused herself because she possessed personal knowledge of disputed evidentiary facts.
Felipe Figueroa argued in closing that a key document had been forged. He had never examined the document himself and relied solely on client statements. Opposing counsel objected that the argument asserted personal knowledge of facts not in evidence.
Frederick Ferguson reported suspected attorney misconduct to the disciplinary board after receiving information from a client. The reported attorney sued for defamation. The court held the report absolutely privileged even though Ferguson lacked personal knowledge of the underlying events.
Fumiko Fujimoto offered a relative's out-of-court statement identifying the declarant's grandfather. The declarant had never met the grandfather. The court admitted the statement under the family history exception despite the declarant's lack of personal knowledge.
A witness's own testimony describing direct sensory perception of the facts is sufficient. Courts require only enough evidence for a reasonable jury to find the witness perceived the matter firsthand.
Yes. The affidavit must be made on personal knowledge and set out facts admissible in evidence. Facts learned only from others fail the requirement.
A judge must recuse when the judge has personal knowledge of disputed evidentiary facts concerning the proceeding. Prior investigation or review of documents creating such knowledge triggers disqualification.
No. A lawyer may not assert personal knowledge of facts in issue except when testifying as a witness. Arguments must rest on evidence already admitted.
No. Statements concerning birth, marriage, or similar family facts are admissible even when the declarant had no way of acquiring personal knowledge of the fact.
…not shifting blame but rather corroborating her husband's story that he acted in self-defense or "justified reprisal"; she had direct knowledge as an eyewitness; she was describing recent events; and she was being questioned by a "neutral" law enforcement officer. App. 76-77. The prosecution played the tape for the jury and relied…