During a civil trial, the plaintiff calls a witness to testify about the contents of a phone conversation that the witness alleges occurred between the defendant and a third party. The defendant objects, arguing the witness cannot testify about this conversation. What is the most likely reason the testimony would be excluded?
The witness cannot testify because this constitutes an opinion rather than factual evidence.
The witness is not allowed to testify because the conversation was not recorded.
The witness lacks personal knowledge because they were not a participant in or present for the conversation.
The witness is not qualified to testify unless both parties involved in the conversation agree to the testimony.
The correct answer is based on the Federal Rules of Evidence, which require a testifying witness to have personal knowledge of the matter they are testifying about. Personal knowledge means the witness must have directly perceived the facts through their own senses. In this scenario, the witness was not a party to or present for the phone conversation and therefore lacks the requisite personal knowledge. Statements about a conversation not directly heard by the witness are inadmissible unless an exception, such as a properly admitted hearsay rule exception, applies. The other answers misinterpret or misapply the standard for personal knowledge.
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