What is personal knowledge?

What is personal knowledge?

Personal knowledge means cognizance of a circumstance or fact gained directly through firsthand experience or observation, or through a personal, familial, medical or professional relationship with the person.

What is personal knowledge in evidence?

The rule itself is simple in wording: 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.

What does lack of personal knowledge mean?

The Basic Rule Rule 602 – Lack of Personal Knowledge. A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that he has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness himself.

Is personal knowledge an exception to hearsay?

Without personal knowledge of the matter testified to, the court will generally not allow the party to testify as to a hearsay statement.

What are examples of personal knowledge?

Examples of personal knowledge include:

• knowledge I gain through practice and habituation, such as the ability to play football, ski, play the piano, dance, paint portraits and so on.
• knowledge of my own personal biography through my memory.
• knowledge of my feelings and emotions.

How do you manage your personal knowledge?

30 Knowledge Management Insights

1. Share what you have learned with others in your organization.
2. Innovate based on your own circumstances, ideas, and experience.
3. Reuse good ideas and examples in your own program.
4. Collaborate with colleagues from other programs and organizations.

What is first hand knowledge rule?

Firsthand knowledge refers to something which the witness actually saw or heard, as distinguished from something he learned from some other person or source. The federal rules of evidence requires lay witnesses to have personal knowledge of the matters they testify about.

What is the difference between speculation and lack of personal knowledge?

Personal Knowledge/Speculation A witness may not testify about any matter of which the witness has no personal knowledge. Only if the witness has directly observed an event may the witness testify about it. Personal knowledge must be shown before a witness may testify concerning a matter.

What is an example of hearsay evidence?

For example, to prove that Tom was in town, a witness testifies, “Susan told me that Tom was in town.” Since the witness’s evidence relies on an out-of-court statement that Susan made, if Susan is unavailable for cross-examination, the answer is hearsay.

What are the three major types of knowledge?

There are three core types of knowledge: explicit (documented information), implicit (applied information), and tacit (understood information).

When to use personal knowledge in a case?

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. The threshold for admissibility is low.

How is the knowledge possessed by an individual accumulated?

The knowledge possessed by any individual. Usually accumulated through observation or personal experiences.

What is the comment to the personal knowledge rule?

Indeed, the comment to the personal knowledge rule – Rule 602 – makes clear that it is merely “a specialized application of the provisions of Rule 104 (b) on conditional relevancy.” Yet the Rule is there – so it must have some meaning.

Which is the best definition of personal knowledge?

What is PERSONAL KNOWLEDGE? definition of PERSONAL KNOWLEDGE (Black’s Law Dictionary) Definition of PERSONAL KNOWLEDGE: The knowledge possessed by any individual. Usually accumulated through observation or personal experiences. The Law DictionaryFeaturing Black’s Law Dictionary Free Online Legal Dictionary 2nd Ed. Navigation A B C D E F G H I J K

What does personal knowledge mean?

Personal knowledge means knowledge of a circumstance or fact gained through firsthand observation or experience. Generally, statements in affidavits are presumed to have been made on personal knowledge, unless it appears affirmatively, or by fair inference, that they could not have been, and were not on such knowledge.

Why was the personal knowledge rule put in place?

Perhaps the answer comes, first, from acknowledging that for some reason the drafters of the Federal Rules [and corresponding state codes of evidence] felt the need to include it in addition to the foundational requirement that only relevant evidence be admitted.

When do you need a personal knowledge base?

A knowledge base needs to be local first and open source When we are building a personal knowledge base, we are building something that should last a lifetime because learning is for life. Therefore we should not have to surrender our data to a software-as-a-service company or to a closed source program.

When is a statement not within personal knowledge?

Where a plaintiff averred that no one reviewed a document, but his assertion did not “indicate that he would have had the opportunity to observe any type of review of the form…” the Court concluded that “therefore the statement is not within his personal knowledge.” Ripple v. Marble Falls Indep.