Fill in evidence in 602

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Aug 6th, 2022
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How to fill in evidence in 602

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hi Justin how can you preserve evidence thatamp;#39;s a good question and it might be the most important thing to help your case you must send a spoliation notice to the other parties demanding that they preserve evidence if evidence is then destroyed the jury can presume that it was damaging for that party thank you Justin youamp;#39;re the best lawyer itamp;#39;s important to preserve evidence so you can win your case

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Rule 602 provides that witnesses lack of personal knowledge excludes them from testifying except when expert witnesses are involved or in other circumstances. Rule 603 requires that witnesses give an oath or affirmation that they will testify truthfully.
Lack of personal knowledge. A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that he has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness himself.
A quick definition of personal knowledge: Personal knowledge is what you know from your own experience or observation, not just what someone else has told you. Its like when you see a bird flying in the sky and you know its a bird because youve seen birds before, not because someone told you it was a bird.
Evid. 1101(b). If the evidence does not meet standards of relevance, the privilege or public policy exists, the qualification of witnesses or the authentication of evidence is at issue, or the evidence is unlawfully gathered, then it is inadmissible.
In practice, lack of foundation refers to a proponents proffer of evidence that to all appearances can be excluded on any of the following grounds: irrelevance; lack of authentication; hearsay; a recognized privilege or immunity; or the witness apparent inability to have observed or remembered an event.
602. A statute providing that a fact or group of facts is prima facie evidence of another fact establishes a rebuttable presumption.
Need for Personal Knowledge. 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.
Traditionally, the best evidence rule applied only to writings, but Pa. R.E. 1002 may be applicable to recordings or photographs. However, recordings and photographs are usually only evidence of the transaction, thing or event.

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