Description
When an attorney asks a witness questions about a different person’s actions or thought process, without foundation for the witness knowing anything about the person’s actions or thought process.
Purpose/Policy/Reason
Without this objection, witnesses would have to speculate about someone else’s actions or thought process, which is not allowed in a trial.
Examples
“Mr. Smalls, what do you think was going through Mr. Smith’s mind on the night in question?”
(In this case, you would object to the question because the attorney is not allowed to ask questions about Mrs. Smith’s actions or thought process.)
“Mrs. Patel, do you think that Mrs. Reed killed Mr. Vargas?”
(In this case, you would object to the question because the attorney is not allowed to ask questions about Mrs. Reed’s actions or thought process.)
“Mr. Mccarthy, what do you think Mr. Wyatt was planning to do on July 4th weekend?”
(In this case, you would object to the question because the attorney is not allowed to ask questions about Mr. Wyatt’s actions or thought process.)
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.