Foundations for Evidence

During the trial of a case, an attorney may seek to admit certain tangible evidence. In order for the item to be admissible, a foundation must be laid to show the authenticity of the item. In other words, the attorney seeking to admit the item must show that it is what it is being offered as. O.C.G.A. § 24-9-901. This is done by marking the item with an exhibit sticker for identification purposes then showing a witness the exhibit and asking certain foundation questions. The type of foundation questions necessary for the item to be admissible depends on the type of item sought to be admitted. 

 

The other side can object that the item should not be admitted because the appropriate foundation was not established. “Because ‘lack of foundation' has no single defined meaning, an objection of ‘lack of foundation' generally is of little or no use to a trial judge. For example, ‘lack of foundation' can refer to a failure to establish that the item of evidence being offered is the same item it purports to be—often referred to as chain of custody, or it may refer to a failure to establish that the witness is testifying from personal knowledge. Lack of foundation may also refer to a failure to establish that business records meet the requirements of O.C.G.A. § 24-3-14 or that a party has not established a witness's qualifications as an expert. Because of the varied meanings for ‘lack of foundation,' a party making an objection for lack of foundation must specify the foundational element he contends is lacking.” Potter v. State, 301 Ga. App. 411 (2009). 

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