Rule 602. Need for 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's own testimony. This rule is subject to the provisions of Rule 703, relating to opinion testimony by expert witnesses.

Committee Notes

Maine Restyling Note [November 2014] Maine Rule 602 and Federal Rule 602 are substantively identical, and therefore the Advisory Committee recommends adoption of the language of the restyled Federal Rule.

Federal Restyling Committee Note The language of Rule [602] has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to by stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

Advisers' Note to former M.R. Evid. 602 (February 2, 1976) This rule is universally accepted. The burden of laying a foundation that the witness had an adequate opportunity to observe is on the proponent of the testimony. By failing to object the opponent waives the preliminary proof but not the substance of the requirement. If it later appears that the witness did not actually observe a fact as to which he testified, the testimony will be stricken on motion. The reference to Rule 703 is designed to avoid any possibility of conflict between this rule and the rule allowing an expert to express opinions based on facts of which he does not have personal knowledge.