Also known as: personally knows · personal-knowledge · firsthand knowledge
Written by attorneys · grounded in primary & secondary sources — see below
Knowledge acquired directly through a person's own senses or observation rather than through statements of others.
Paula Pierce submitted an affidavit in opposition to Pioneer Energy's summary judgment motion. She stated that the company's equipment caused her injury based on what a coworker had described to her the day after the incident. The court struck the affidavit because it rested on secondhand information rather than Paula's own observation of the events.
Penelope Price took the stand to describe a conversation she claimed occurred in an adjacent office. On cross-examination she admitted she had only overheard fragments repeated by others later that day. The court sustained the objection and excluded the testimony for lack of direct perception.
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Paul Peterson moved to disqualify the presiding judge in his contract dispute with Prism Analytics. The judge had previously attended a meeting where the disputed contract terms were discussed in detail. The motion succeeded because the judge possessed firsthand knowledge of the contested facts.
Philip Powell, counsel for Peak Performance, told the jury during closing that he personally knew the opposing witness had fabricated documents. The court sustained the objection and instructed the jury to disregard the statement because counsel may not assert personal knowledge of facts in issue.
Pamela Phillips reported suspected ethical violations by a colleague to the state bar. She relied on information received from staff rather than her own observations. The court held the report absolutely privileged even though Pamela lacked personal knowledge of the underlying conduct.
Peter Park offered a family member's out-of-court statement listing the declarant's date of birth. The declarant had no personal knowledge of the birth because it occurred before his own lifetime. The court admitted the statement under the family history exception despite the absence of personal knowledge.
A party must introduce evidence sufficient to support a finding that the witness perceived the matter through one or more of the senses. The witness's own testimony may supply that foundation. The requirement ensures testimony rests on direct observation rather than secondhand reports.
No. The affidavit must be made on the affiant's own personal knowledge. Facts learned solely from others fail the requirement and are subject to objection under Rule 56(c)(2).
A judge must recuse when the judge has personal knowledge of facts that are in dispute in the proceeding. The rule protects the appearance of impartiality even if the judge believes the knowledge will not affect the outcome.
A lawyer may not assert personal knowledge of facts in issue except when testifying as a witness. The prohibition prevents the lawyer from becoming an unsworn witness and improperly bolstering the client's position.
No. Rule 602 expressly states that the personal knowledge requirement does not apply to a witness's expert testimony under Rule 703. Experts may base opinions on facts or data perceived by or made known to them.
…case. On remand, the court finally ruled, the state trial judge's testimony, though admissible "to the extent that it contains personal knowledge of historical facts or expert opinion," was not to be considered admitted into evidence to explain the judge's mental processes in reaching his sentencing decision. Id., at 1262-1263; see…