Take out subject in 602

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Aug 6th, 2022
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How to take out subject in 602

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hey guys welcome to this video my name is john watts iamp;#39;m a consumer protection lawyer we want to look at a couple rules of evidence specifically rules 601 and 602 and these have to do with witnesses and that would include a party who testify have to have personal knowledge okay and how does this work in a debt collection lawsuit context so letamp;#39;s take a step back what are the the purposes of the rules of evidence and this is what alabama rule of evidence 102 and everything iamp;#39;ll be looking at will be the alabama rules of evidence but says these rules shall be construed to secure fairness and then look at the highlighted part to the end that the truth may be ascertained and proceedings justly determined so letamp;#39;s just summarize that itamp;#39;s to make sure that trials are fair and that the truth is docHubed so letamp;#39;s look here at the actual rules so alabama rule of evidence 601 every person is competent to be a witness except as otherwise provided th

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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.
Expert witnesses provide the only exception to the rule that witnesses must testify from firsthand knowledge. See Rule 703. The rule, although phrased in terms of competency, is essentially a specific application of Rule 104(b).
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.
Rule 611(c) of the Federal Rules of Evidence, lists the situations in which leading questions are appropriate, which include on cross-examination, when dealing with preliminary matters, when there is difficulty eliciting testimony from a witness, and when a hostile or adverse witness is being questioned.
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.
Rule 602Lacks 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.
California Code, Evidence Code - EVID 602 A statute providing that a fact or group of facts is prima facie evidence of another fact establishes a rebuttable presumption.

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