O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of such matter. Evidence to prove personal knowledge may, but need not, consist of the witness’s own testimony. The provisions of this Code section are subject to Code Section 24-7-703 and shall not apply to party admissions.
History
Code 1981, § 24-6-602, enacted by Ga. L. 2011, p. 99, § 2/HB 24.
Annotations
Cross references. Need for personal knowledge, Fed. R. Evid. 602.
JUDICIAL DECISIONS Lay testimony on why defendant’s charges upgraded. - To the extent the trial court concluded that the investigator’s testimony was proper lay testimony because it was based on personal knowledge about why the defendant’s charges were upgraded, the Georgia Supreme Court saw no abuse of discretion in the trial court denying the defendant’s motion for mistrial on that basis. Taylor v. State, 315 Ga. 630, 884 S.E.2d 346, 2023 Ga. LEXIS 42 (2023).
Personal recollection. - Because the fellow inmate was an eyewitness to the events depicted in the surveillance video, the fellow inmate’s testimony identifying the defendants from the still images from the surveillance video was admissible because the fellow inmate was testifying based on the fellow inmate’s recollection of the stabbing, not providing the fellow inmate’s opinion. Draughn v. State, 311 Ga. 378, 858 S.E.2d 8, 2021 Ga. LEXIS 193 (2021).
Notes of Decisions
Cited in
22
cases (
15 in the last 5 years), 2014–2025 · leading case:
Kirby v. State, 819 S.E.2d 468 (Ga. 2018).
Sims v. State, 321 Ga. 627 (Ga. 2025).
· cites it 4× “Under OCGA § 24-6-602, a witness generally cannot testify about a matter “unless evidence is introduced sufficient to support a finding that the witness has personal knowledge” of the matter.”
Burke v. State, 911 S.E.2d 575 (Ga. 2025).
· cites it 2× “See OCGA § 24-6-602. But even when a defendant is asked about a subject on which he lacks personal knowledge, the defendant generally cannot establish that he was prejudiced by the resulting admission of improper evidence if it is cumulative of other, 10 properly admitted…”
Scott v. State, 321 Ga. 701 (Ga. 2025).
· cites it 4× “See OCGA §§ 24-6-602 (“A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of such matter.”
Diontra Miller v. State (Ga. Ct. App. 2025).
· cites it 2× “(b) Miller asserts that the investigator lacked the personal knowledge necessary to authenticate the video, citing OCGA § 24-6-602 (providing that a “witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal…”
Jatony Dupree v. State (Ga. Ct. App. 2025).
· cites it 2× “See also OCGA § 24-6-602 (a witness’s own testimony may 19 prove that he has personal knowledge of the matter at issue).”
Desmond Legrant Staley, Jr. v. State (Ga. Ct. App. 2025).
· cites it 2× “OCGA § 24-6-602 provides as follows: A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge a face-to-face basis, another witness observed the transaction and both witnesses were able to…”
Sconyers v. State, 901 S.E.2d 170 (Ga. 2024).
· cites it 4× “First, he contends that her testimony was not based on personal knowledge and therefore was not admissible under OCGA § 24-6-602 (“Rule 602”). Second, he contends that her testimony did not establish a specific instance of Finch’s conduct showing that she was biased in favor of…”
Ford v. State, 903 S.E.2d 1 (Ga. 2024).
· cites it 4× “See OCGA § 24-6-602 (a witness’s own testimony may prove that she has personal knowledge of the matter at issue); see also Brown v.”
Taylor v. State, 884 S.E.2d 346 (Ga. 2023).
· cites it 4× “378, 385 27 (858 SE2d 8) (2021) (quoting OCGA § 24-6-602 (“Rule 602”)) (holding that eyewitness testimony identifying the defendants in a surveillance video was based on personal knowledge because the witness identified the defendants based on his “recollection of the stabbing”).”
Cooper v. State, 895 S.E.2d 285 (Ga. 2023).
· cites it 4× “See OCGA § 24-6-602; see also Draughn v. State, 311 Ga.”
Harris v. State, 314 Ga. 238 (Ga. 2022).
· cites it 4× “See OCGA § 24-6-602 (“A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the 130 witness has personal knowledge of such matter.”
Brown v. State, 875 S.E.2d 784 (Ga. 2022).
· cites it 2× “Regarding a witness’s personal knowledge of a matter, OCGA § 24-6-602 is controlling: “A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of such matter.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.