Evidence Code § 702 – Requirement of Personal Knowledge for Witness Testimony
Free Consultation Request
Evidence Code § 702 – Requirement of Personal Knowledge for Witness Testimony
California Law
Evidence Code – EVID
DIVISION 6. WITNESSES [700 – 795]
( Division 6 enacted by Stats. 1965, Ch. 299. )
CHAPTER 1. Competency [700 – 704]
( Chapter 1 enacted by Stats. 1965, Ch. 299. )
702.
(a) Subject to Section 801, the testimony of a witness concerning a particular matter is inadmissible unless he has personal knowledge of the matter. Against the objection of a party, such personal knowledge must be shown before the witness may testify concerning the matter.
(b) A witness’ personal knowledge of a matter may be shown by any otherwise admissible evidence, including his own testimony.
(Enacted by Stats. 1965, Ch. 299.)
California Law Summary
This statute mandates that a witness must have personal knowledge of the matter about which they testify. Testimony is only admissible if:
The witness personally perceived the facts,
Or there is sufficient evidence presented to support a finding that they had such perception.
Purpose
To ensure that witnesses testify only to facts they directly experienced, not hearsay, assumptions, or speculation. This maintains the reliability and credibility of trial evidence.
Application
§ 702 is critical in personal injury litigation where witness credibility can affect the outcome. Whether it’s a bystander to a car crash or a medical professional discussing injuries, this rule ensures that only those with first-hand knowledge can testify to the facts in question.
