Fact Witness Testimony Must be Based on Their Personal Knowledge
Fact witnesses may only testify as to matters within their personal knowledge. Fla.Stat. s. 90.604. “[A fact] witness is limited to testifying to facts that are within the witness's knowledge rather than the witness's speculation and conjecture.” A&A Electric Services, Inc. v. Jurado, 40 Fla.L.Weekly D1963a (Fla.2d DCA 2015). For example, in Jurado, the plaintiff was testifying as to a document he signed and the principal of the defendant signed. In doing so, he testified as to the principal’s intent in signing the document. But, how did he know the principal's intent? Wasn’t he merely speculating as to the principal's intent? Of course...
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