Also known as: first-hand knowledge · firsthand knowledge · first hand knowledge · personal knowledge
Written by attorneys · grounded in primary & secondary sources — see below
A witness's or affiant's direct perception of facts through one or more of the senses. The requirement ensures that testimony or sworn statements rest on the declarant's own observation rather than secondhand reports or speculation.
Kaito Kato submitted an affidavit in opposition to a motion for summary judgment. The affidavit described conversations he overheard in an adjacent office but did not state that he personally saw or heard the key statements. The court struck the affidavit because it failed to demonstrate that Kato had firsthand perception of the disputed facts.
Kwame Kofi was called to testify that a particular executive gave an instruction during a video call. Kofi participated in the call and heard the voice he recognized as the executive's during a clear audio segment. The court overruled the personal-knowledge objection because Kofi's own participation supplied evidence that he perceived the statement directly.
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Keisha Kincaid moved to disqualify the presiding judge after learning the judge had attended the same public hearing at which the disputed statements were made. The judge acknowledged having been present but stated he had no recollection of the specific remarks. The court denied the motion because the judge lacked personal knowledge of the facts actually in dispute.
Kiara Kaur, during closing argument, told the jury she had personally investigated the scene and knew the lighting conditions were inadequate. Opposing counsel objected. The court sustained the objection and instructed the jury to disregard the statement because counsel was asserting personal knowledge of a contested fact without taking the witness stand.
Kyle Knight reported suspected attorney misconduct to the disciplinary board based on information received from a client. The reported attorney sued for defamation. The court dismissed the action because Knight's report was made pursuant to an ethical duty and the privilege applied even though Knight lacked direct personal knowledge of the underlying events.
Kimberly Knox offered a family member's out-of-court statement describing the date of an ancestor's birth. The declarant had no personal knowledge of the birth but had learned the date through family tradition. The court admitted the statement under the family-history exception because the rule expressly permits such statements even without the declarant's firsthand knowledge.
The proponent must introduce evidence sufficient for a reasonable jury to find that the witness perceived the matter through one or more senses. The witness's own testimony can supply that foundation.
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Yes. The affidavit must be made on personal knowledge and set out facts that would be admissible. Secondhand information fails the requirement.
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Disqualification is required only when the judge has personal knowledge of disputed evidentiary facts. Mere presence at a public event does not automatically trigger disqualification if the judge lacks recollection of the specific facts in issue.
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No. Counsel may not assert personal knowledge of facts in issue unless testifying as a witness. Doing so violates the prohibition on vouching and injecting unsworn testimony.
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No. The exception expressly permits statements about birth, marriage, and similar facts even when the declarant had no way of acquiring personal knowledge of the fact.
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…F. 2d 138, 140 (CA2 1970). Such an investigation may be triggered by tips, rumors, evidence proffered by the prosecutor, or the personal knowledge of the grand jurors. Costello v. United States , 350 U. S., at 362. It is only after the grand jury has examined the evidence that a determination of whether the proceeding will result…