Rule 602. Lack of Personal Knowledge

• Library: South Carolina Evidence Annotated (SCBar) (2020 Ed.)

Rule 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 witness' own testimony. This rule is subject to the provisions of Rule 703, relating to opinion testimony by expert witnesses.

Note:

This rule is identical to the federal rule and is consistent with South Carolina law. See Gentry v. Watkins-Carolina Trucking Co., 249 S.C. 316, 154 S.E.2d 112 (1967); Wilson v. Clary, 212 S.C. 250, 47 S.E.2d 618 (1948).

Annotations Rule 602

Expert

"[L]ike any other fact witness, the forensic interviewer may testify to her observations. This fact-based testimony can include, despite the concerns expressed in the separate writing, the "particulars of their examinations, and their personal observations." Since the interviewer is not an expert, however, she cannot testify to "issues of delayed reporting." See In re Thomas S., 402 S.C. 373, 741 S.E.2d 27 (2013). This improper expression of expert opinion by a lay...