90.604
Lack of personal knowledge.
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90.604 Lack of personal knowledge.—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.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 483, ch. 95-147.
Notes of Decisions
Cited in 54
cases (10 in the last 5 years), 1980–2025 · leading case: Rivera v. State
Rivera v. State (2003)
“See § 90.604, Fla. Stat. (2001). Second, testimony about Miriam's own drug abuse would not prove or disprove a material fact as to Rivera's drug use.”
Orton v. State (2017)
“On the other hand, a speculation objection is rooted in section 90.604, Florida Statutes, which requires a witness to have personal knowledge of any matter testified to.”
State of Florida v. Eric Lucas (2016)
“See § 90.604, Fla. Stat. (2015). If a defendant alleges in a rule 3.”
State of Florida v. Donna Horwitz (2016)
“…the requisite personal knowledge to testify regarding Horwitz’s silence in the presence of some of the witnesses. See § 90.604, Fla. Stat. (2011).”
L.L. v. State (2016)
“witness’s personal knowledge,-section 90.604, Florida Statutes, and perceptions, section 90.”
& SC13-1787 Steven Douglas Hayward v. State of Florida and Steven Douglas Hayward v. Julie L. Jones, etc. (2015)
“Section 90.604, Florida Statutes (2007), • provides that a witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.”
Serrano v. State (2009)
“See § 90.604, Fla. Stat. (2006). *639 Although the questions at issue, if taken further, might well have entered the province of expert opinion testimony, we cannot conclude the trial court committed an abuse of discretion in permitting the lay witnesses to testify regarding…”
Roman v. State (1985)
“We need go no further than section 90.604, Florida Statutes (1981): 90.”
Victorino v. State (2013)
“Speculative Lay Opinion Evidence Relying on section 90.604, Florida Statutes (2006), which provides that a “witness may not testify to a matter unless .”
Richard Allen Johnson v. State of Florida (2014)
“See § 90.604, Fla. Stat. (2006). Counsel cannot be deficient for failing to raise a merit-less objection.”
Roseman v. Town Square Ass'n, Inc. (2002)
“Section 90.604, Florida Statutes (1999), prohibits testimony by a witness who does not have personal knowledge of a matter.”
Doctors Co. v. State, Dept. of Ins. (2006)
“See § 90.604, Fla. Stat. (2005). [2] Mr. Buttner also admitted that he had relied on information from other consultants in his firm in forming his opinion.”
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