Rule 602. Lack of Personal Knowledge
Library | South Carolina Evidence Annotated (SCBar) (2023 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 witness is prohibited by Rules 602 and 701, SCRE." State v. Anderson, ...
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- Rule 601. Competency
- Rule 602. Lack of Personal Knowledge
- Rule 603. Oath or Affirmation
- Rule 604. Interpreters
- Rule 605. Competency of Judge as Witness
- Rule 606. Competency of Juror as Witness
- Rule 607. Who May Impeach
- Rule 608. Evidence of Character, Conduct and Bias of Witness
- Rule 609. Impeachment by Evidence of Conviction of Crime
- Rule 610. Religious Beliefs or Opinions
- Rule 611. Mode and Order of Interrogation and Presentation
- Rule 612. Writing Used to Refresh Memory
- Rule 613. Prior Statements of Witnesses
- Rule 614. Calling and Interrogation of Witnesses by Court
- Rule 615. Exclusion of Witnesses
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