BUILDING BLOCK #3

FOUNDATIONS

At the end of the course you should be able to perform the following with regards to offering and opposing the offering of evidence:

1. Proceed through the steps for laying the FOUNDATION for an exhibit:

A. Request permission to approach the witness

B. Have exhibit marked by court reporter if not already pre-marked

C. Show exhibit to opposing counsel

D. Show exhibit to the witness and ask “I show you what has been marked as ......... and ask do you recognize it?”

E. “What is it?”

F. “How do you know that it is ..........”

G. Any magic questions, e.g., “Does this photograph fairly and accurately show the intersection of Kirby and Mattis as it appeared on the evening of November 30, 2004?”

H. “I offer into evidence ........”

I. Once admitted, publish to the jury.

2. Know how to lay the following foundations (see Mauet p. 176):

A. REAL EVIDENCE

B. CHAIN OF CUSTODY

C. PHOTOGRAPHS

D. BUSINESS RECORDS

E. MAPS, CHARTS & DIAGRAMS

3. Be able to OPPOSE the offering of an exhibit by knowing the role of Voir Dire.

4. Be able to review an exhibit to see if it meets the requirements of HARPPO:

H–Hearsay FRE 801

A–Authenticity–FRE 901

R–Relevance FRE 401

P–Personal Knowledge FRE 602

P–Prejudice FRE 403

O–Original FRE 1001