Foundation requirements vary by evidence type and include authentication, personal knowledge, qualification for opinion testimony, and satisfaction of hearsay exception prerequisites.
The court decides preliminary admissibility questions.
Alternative Names:
Evidentiary Foundation|Laying Foundation
Why it Matters?
Foundation objections are frequently sustained on curable defects, which delays rather than defeats the evidence, and counsel should assess whether the objection is worth the interruption when the proponent can readily supply the missing element. Where the foundation genuinely cannot be established, the objection is dispositive. Pre-admitting exhibits through the pretrial order eliminates most foundation practice at trial.
Frequently Confused with
Related terms
Frequently asked questions
When is a foundation objection worth making?
How is foundation practice reduced at trial?
