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. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness. This rule is subject to the provisions of MRE 703, relating to
opinion testimony by expert witnesses.
As long as the panel could find that the witness perceived the event, the testimony should be admitted. Note, however, the term “sufficient,” which affirms that the military judge retains power to reject evidence if it could not reasonably be believed.
To demonstrate personal knowledge, the proponent must show the witness was in
a position to perceive the event, and did actually perceive it.
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