The Judicial Perspective on Laying Foundations

Step-by-step instruction for laying foundations for modern types of evidence, including: emails; voicemails and voice memos; media recovered from cell phones, computers, and the Internet; Internet web addresses; automated video recordings; Internet Protocol (IP) addresses; text and SMS messages; social media posts (Facebook, Twitter, messaging applications); computer-generated animations and videos.

Step-by-step instruction on laying foundations for common forms of evidence, with related demonstrations, including: self-authenticating documents; certified records; photographs; medical records and medical bills; summaries; accident diagrams; reconstruction testimony; accounting records; expert opinions; court documents; and models.

Why is it so important to lay a proper foundation? How can you effectively to respond to objections and preserve the record when foundational objections are sustained? This course answers these questions, with special emphasis on: potential benefits (and drawbacks) of laying a proper foundation; strategic use of foundational questions; avoiding foundational problems, such as stipulations, witnesses, and keepers-of-records; judge-specific procedures for laying foundations vs. stipulations; making and responding to foundational objections; and preserving the record.