General structure and main phases of proof at trial

Fed. R. Evid. 602 ("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.").A person has the personal knowledge that a witness must have if and only if the evidence is sufficient to permit a reasonable trier of fact to conclude that the witness personally perceived the matter. The preliminary question of personal knowledge is governed by the standard of whether the evidence is sufficient to allow a reasonable person to conclude that the person has personal knowledge; the applicable standard is not the more demanding preponderance of the evidence standard.

In re Grand Jury Subpoenas, 571 F.3d 1200, 1205 n. 2 (D.C. Cir. 2009) (Kavanaugh, J., concurring: "The Supreme Court has arguably extended the protections of the Speech or Debate Clause beyond what its plain text otherwise might suggest. See Gravel, 408 U.S. at 618, 625; Kilbourn, 103 U.S. at 204. In...It is possible that noncommunicative conduct can constitute "speech or debate" that is protected by the Speech or Debate Clause.

United States v. Console, 13 F.3d 641, 656-657 (3d Cir. 1993) ("Campbell's testimony satisfied the foundation requirements of Rule 803(6) because it 'demonstrated that the records [in the Accident Book] were made contemporaneously with the act the documents purported to record by someone with knowledge of...The hearsay exception for "business records" recognized by Federal Rule of Evidence 803(6) or a comparable State rule applies only if the record was made at or near the time of the events it records.