CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Competency of Witnesses
......Personal Knowledge
9 Cards On This Topic:

Testimony of non-expert witness must be based upon personal knowledge. Upon objection, personal knowledge must be shown before witness may testify re any matter.

Personal knowledge of non-expert witness shown by any otherwise admissible evidence, including witness' own testimony.

Proponent has burden of establishing requisite preliminary facts prior to evidence being admitted.

Shooter's testimony that driver knew and agreed they were going to shoot rival gang members was properly admitted as there was ample evidence from which a rational trier of fact could conclude the shooter had personal knowledge of those matters.

EC 702 provision that testimony of witness inadmissible unless based on personal knowledge by its terms does not apply to an expert testifying per EC 801.

Child's hearsay declaration to witness not admissible for its truth where child lacked personal knowledge of truth of her statement.

Personal knowledge requirement applies to corporate employees.

Personal knowledge requirement includes capacity to accurately perceive and recollect.

"To your knowledge" questions are not ambiguous; they reiterate basic principle that questions may not be answered absent personal knowledge.