Nebraska Revised Statute 27-602

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Chapter 27

27-602.

Rule 602. Lack of personal knowledge; witness may not testify; evidence.

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. This rule is subject to the provisions of section 27-703, relating to opinion testimony by expert witnesses.

Annotations

  • 1. Personal knowledge, generally

  • 2. Personal knowledge in specific cases

  • 1. Personal knowledge, generally

  • Under this section and sections 27-701 and 27-702, it is improper for a witness to testify whether another person may or may not have been telling the truth in a specific instance. State v. Rocha, 295 Neb. 716, 890 N.W.2d 178 (2017).

  • Under this section, lay witnesses may testify only as to factual matters based upon their personal knowledge. State v. Rocha, 295 Neb. 716, 890 N.W.2d 178 (2017).

  • A party's "assumption" of a fact confesses the absence of personal knowledge of the fact. Sulu v. Magana, 293 Neb. 148, 879 N.W.2d 674 (2016).

  • A witness testifying to objective facts must have had means of knowing the facts from the witness' personal knowledge. State v. Kirksey, 254 Neb. 162, 575 N.W.2d 377 (1998).

  • Testimony concerning observations of conduct, behavior in terms of false perceptions, or mistaken ideas, is controlled by the personal knowledge provision of this section. State v. Norfolk, 221 Neb. 810, 381 N.W.2d 120 (1986).

  • 2. Personal knowledge in specific cases

  • Inadequate foundation for personal knowledge was cured on cross-examination when opposing counsel questioned witness regarding matter for own purposes beyond explaining or rebutting the original evidence. State v. Rieger, 260 Neb. 519, 618 N.W.2d 619 (2000).

  • It was not necessary for a police officer to remember the name of a person to whom he administered a photographic array in order to have personal knowledge of that person's photographic identification. State v. Rieger, 260 Neb. 519, 618 N.W.2d 619 (2000).

  • In establishing foundation for test results, a witness may not testify as to whether laboratory protocols were followed unless the witness has personal knowledge of the matter, i.e., the witness performed the test or witnessed the test being performed. State v. Jackson, 255 Neb. 68, 582 N.W.2d 317 (1998).

  • A witness may not testify about the custody procedures used by a police department unless evidence is introduced to show that he or she has personal knowledge of the matter. State v. Smith, 238 Neb. 111, 469 N.W.2d 146 (1991).

  • 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. The record supported a conclusion that the deponent did not possess or could not articulate personal knowledge. State v. Irish, 223 Neb. 578, 391 N.W.2d 137 (1986).

  • A bystander who heard but did not see an automobile accident was a citizen informant and presumptively reliable in giving a tip to a police officer, which led to an investigatory stop of the defendant's vehicle for unlawfully leaving the scene of a property damage accident, where the bystander was present when the accident occurred, perceived the accident through his senses, saw the driver's failure to stop and leave information after the accident, and pointed to the vehicle that had just left the scene as the vehicle that was involved in the accident. State v. Flodman, 33 Neb. App. 504, 18 N.W.3d 599 (2025).