Except as otherwise provided in s. 90.702, a witness may not testify to a matter unless evidence is introduced which is sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may be given by the witness’s own testimony.
Fla. Stat. § 90.604 — Lack of personal knowledge
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The "You Had to Be There" Rule: This is a foundational rule of evidence requiring that witnesses testify based on what they have personally seen, heard, or otherwise sensed. They cannot testify based on speculation, guesses, or what someone else told them (which would be hearsay).
Establishing Personal Knowledge:
The bar for establishing personal knowledge is low. The rule specifically allows for the witness's own testimony to provide the foundation. For example, a lawyer can simply ask:
"Where were you on the night of May 5th?"
"I was at the corner of Main and First Street."
"Did you see the accident?"
"Yes, I saw the whole thing."
This is enough to show the witness has personal knowledge. The opposing party can still challenge the witness's memory or perception on cross-examination, but that goes to the weight and credibility of the testimony, not its admissibility.
The Expert Witness Exception: The rule explicitly does not apply to expert witnesses, who are governed by § 90.702. Experts are allowed to give opinions based on facts or data they were made aware of, even if they did not personally observe the event.
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Cite as Fla. Stat. § 90.604 (2024)
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