N.J.A.C. 1:1-15.8 (2016)
1:1-15.8 Witnesses; requirements for testifying; testifying by
telephone
(a) Except as otherwise provided by this subchapter, by statute or
by rule establishing a privilege:
1. Every person is qualified to be a witness; and
2. No person has a privilege to refuse to be a witness; and
3. No person is disqualified to testify to any matter; and
4. No person has a privilege to refuse to disclose any matter or
to produce any object or writing; and
5. No person has a privilege that another shall not be a witness
or shall not disclose any matter or shall not produce any object or writing but
the judge presiding at the hearing in a contested case may not testify as a
witness.
(b) A person is disqualified to be a witness if the judge finds
the proposed witness is incapable of expression concerning the matter so as to
be understood by the judge directly or through interpretation by one who can
understand the witness, or the proposed witness is manifestly incapable of
understanding the duty of a witness to tell the truth. An interpreter is
subject to all the provisions of these rules relating to witnesses.
(c) As a prerequisite for the testimony of a witness there must be
evidence that the witness has personal knowledge of the matter, or has special
experience, training or education, if such is required. Such evidence may be
provided by the testimony of the witness. In exceptional circumstances, the
judge may receive the testimony of a witness conditionally, subject to evidence
of knowledge, experience, training or education being later supplied in the
course of the proceedings. Personal knowledge may be obtained through hearsay.
