Is a witness challenged for lack of personal knowledge allowed to testify?

California, United States of America


The following excerpt is from In re Marriage of Henry, G039317 (Cal. App. 5/29/2008), G039317 (Cal. App. 2008):

"[A] witness challenged for lack of personal knowledge must . . . be allowed to testify if there is evidence from which a rational trier of fact could find that the witness accurately perceived and recollected the testimonial events." (People v. Anderson (2001) 25 Cal.4th 543, 574, italics omitted.) A determination of a witness's ability to perceive and recall is left to the discretion of the trial judge and that "determination will be upheld in the absence of a clear abuse of discretion. [Citations.]" (Id. at p. 573.)

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