Chapter 7 - §1. Preliminary fact defined

• Jurisdiction: United States

§1. Preliminary fact defined

A preliminary fact is one that must be affirmatively established or disproved before proffered evidence can be admitted. Evid. C. §400. "Proffered evidence" is defined as evidence the admissibility or inadmissibility of which is dependent on the existence or nonexistence of a preliminary fact. Evid. C. §401. An example of proffered evidence is witness testimony. Before a witness can testify, it must be established that the witness has personal knowledge of what she is about to testify to. See Evid. C. §403(a)(2). Because a witness's personal knowledge must be established before her testimony can be admitted, personal knowledge...