Notes of Advisory Committee on Rules-1988 Amendment Notes of Advisory Committee on Rules-1987 Amendment The reference to Rule 703 is designed to avoid any question of conflict between the present rule and the provisions of that rule allowing an expert to express opinions based on facts of which he does not have personal knowledge. This rule would, however, prevent him from testifying to the subject matter of the hearsay statement, as he has no personal knowledge of it. This rule does not govern the situation of a witness who testifies to a hearsay statement as such, if he has personal knowledge of the making of the statement. It will be observed that the rule is in fact a specialized application of the provisions of Rule 104(b) on conditional relevancy. These foundation requirements may, of course, be furnished by the testimony of the witness himself hence personal knowledge is not an absolute but may consist of what the witness thinks he knows from personal perception. “* * * he rule requiring that a witness who testifies to a fact which can be perceived by the senses must have had an opportunity to observe, and must have actually observed the fact” is a “most pervasive manifestation” of the common law insistence upon “the most reliable sources of information.” McCormick §10, p. Notes of Advisory Committee on Proposed Rules This rule does not apply to a witness’s expert testimony under Rule 703. Evidence to prove personal knowledge may consist of the witness’s own testimony. If the prosecution does not provide it to the defense, it may require a new trial.A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. This evidence could show the defendant’s innocence. Further, the prosecutor is required to provide the defense with evidence that may hurt his case, called exculpatory evidence. A failure of the prosecutor to do so can expose the prosecutor to fines/sanctions by the court. A prosecutor has a continuing obligation to provide the defendant documents and other information which may reflect upon the case. This process is called discovery, and continues from the time the case begins to the time of trial. Prosecutors must also provide the defendant copies of materials and evidence that the prosecution intends to use at trial. Based on information in the reports and the information from witnesses, the prosecutor determines the facts of the case. These conversations will help the prosecutor decide whom to call as a witness in court.Īnother important part of trial preparation is reading every report written about the case. To avoid surprises at trial and to determine which of the witnesses to call to testify, the prosecutor talks to each witness to find out what they may say during trial. Neighbors, friends, family, and clergy are often used as character witnesses. Character witnesses usually don’t see the crime take place but they can be very helpful in a case because they know the personality of the defendant or victim, or what type of person the defendant or victim was before the crime. A character witness is someone who knew the victim, the defendant, or other people involved in the case.They testify with respect to their specialty area only. ![]() ![]()
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