Description
When an attorney asks for something the witness does not have any knowledge of, the question calls for unreliable information.
Purpose/Policy/Reason
Witnesses should only testify about their personal experiences, rather than make suppositions about what they think could happen.
Examples
Could you tell us what thought happened to your wife that night?”
(In this case, the witness is the husband of the woman who got kidnapped and since he did not personally see what happened the question is objectionable.)
What do you think was the cause of the death of the man?”
(In this case, the attorney is questioning an engineer about the cause of death which the engineer had no professional knowledge about)
Why do you think the man assaulted her?”
(In this
case the attorney is questioning the mother of the victim who was not at the scene at the crime and, therefore, does not have any personal knowledge of the crime.)
Federal and Georgia Mock Trial Rule of Evidence
Article VI. Witnesses
Rule 602: Need for Personal Knowledge
A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness’s own testimony. This rule does not apply to a witness’s expert testimony under Rule 703.