Evidence Code § 702
E1028508
Evidence Code § 702 is a California statute that governs the requirement that a witness have personal knowledge of the matter about which they testify before their testimony is admitted into evidence.
Statements (46)
| Predicate | Object |
|---|---|
| instanceOf |
California statute
ⓘ
evidence rule ⓘ |
| appliesIn |
California civil proceedings
ⓘ
California criminal proceedings ⓘ California state courts NERFINISHED ⓘ |
| appliesTo |
expert witnesses when testifying from personal observation
ⓘ
lay witnesses ⓘ testimony about events personally perceived ⓘ witness testimony ⓘ |
| basisFor | motions to strike testimony lacking personal knowledge ⓘ |
| bindingOn |
California appellate courts when reviewing evidentiary rulings
ⓘ
California trial courts NERFINISHED ⓘ |
| category | rule on admissibility of testimony ⓘ |
| citationForm | Evid. Code, § 702 NERFINISHED ⓘ |
| codeSectionNumber | 702 ⓘ |
| codifiedIn | California Evidence Code NERFINISHED ⓘ |
| conditionFor | admissibility of witness testimony ⓘ |
| contrastedWith | rules governing expert opinion based on hearsay ⓘ |
| determinedBy | trial court ⓘ |
| enforcedBy | objections to lack of foundation ⓘ |
| foundationRequirement | witness must testify from perception, not guesswork ⓘ |
| governs | requirement of personal knowledge for witnesses ⓘ |
| implementedBy | foundational questioning of witnesses ⓘ |
| interpretedBy | California appellate decisions NERFINISHED ⓘ |
| jurisdiction |
California, United States
ⓘ
surface form:
State of California
|
| languageFocus | personal knowledge requirement ⓘ |
| legalDomain | law of evidence ⓘ |
| limits |
testimony based solely on rumor or second-hand information
ⓘ
testimony based solely on speculation ⓘ |
| partOf | California statutory evidence scheme NERFINISHED ⓘ |
| purpose |
to ensure reliability of witness testimony
ⓘ
to prevent speculative or conjectural testimony ⓘ |
| relatedTo |
California Evidence Code § 701
NERFINISHED
ⓘ
California Evidence Code § 800 NERFINISHED ⓘ California Evidence Code § 801 NERFINISHED ⓘ competency of witnesses ⓘ foundation for testimony ⓘ hearsay rules ⓘ |
| requires |
evidence showing how the witness perceived the matter
ⓘ
witness have personal knowledge of the matter testified to ⓘ |
| scope | all testimonial evidence offered at trial in California courts ⓘ |
| standardOfProof | sufficient evidence to sustain a finding that the witness has personal knowledge ⓘ |
| usedBy |
civil litigators
ⓘ
defense attorneys ⓘ judges ⓘ prosecutors ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.