Section 602. Lack of Personal Knowledge

A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness. This section is subject to the provisions of Section 703 relating to opinion testimony by a person qualified by the court as an expert witness.

NOTE

This section is taken nearly verbatim from Fed. R. Evid. 602 and Proposed Mass. R. Evid. 602 and is consistent with Massachusetts law. See Commonwealth v. Cintron, 435 Mass. 509, 521, 759 N.E.2d 700, 711 (2001); Malchanoff v. Truehart, 354 Mass. 118, 121–122, 236 N.E.2d 89, 92–93 (1968); Commonwealth v. Wolcott, 28 Mass. App. Ct. 200, 207, 548 N.E.2d 1271, 1275 (1990).

Cross-Reference: Section 104(b), Preliminary Questions: Relevancy Conditioned on Fact; Section 601, Competency; Section 703, Bases of Opinion Testimony by Experts. Cf. Section 402, Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible; Section 403, Grounds for Excluding Relevant Evidence; Section 701, Opinion Testimony by Lay Witnesses.