In California, the “lack of foundation” objection is made when evidence is presented without sufficient preliminary facts to support its admissibility. Essentially, you are arguing that the proponent of the evidence has not established the necessary groundwork for that evidence to be considered reliable or relevant.
Legal Basis for “Lack of Foundation” Objection:
There is no specific statute in the California Evidence Code that directly addresses the “lack of foundation” objection. Instead, it is based on general principles of admissibility, particularly the requirement that before evidence is introduced, the proponent must lay a foundation to show its relevance, authenticity, or reliability.
The foundation typically involves establishing the following facts:
- Personal Knowledge: The witness must have personal knowledge of the matter they are testifying about (Evidence Code § 702).
- Authentication: Documentary evidence (e.g., emails, photographs) must be properly authenticated to prove it is what the proponent claims it to be (Evidence Code § 1400).
- Chain of Custody: For physical evidence (e.g., drugs, weapons), the proponent must show that the evidence has not been tampered with or altered (Evidence Code § 1410).
How to Object:
To object based on a lack of foundation, you typically say:
- “Objection, lack of foundation.”
What You Need to Establish to Avoid the Objection:
The opposing party must lay an adequate foundation to show that:
- Personal Knowledge: The witness has firsthand knowledge of the matter they are testifying about. For example, a witness may need to testify that they personally observed an event, handled a document, or know the author of a document.
- Authentication: For physical evidence or documents, the proponent must establish that the evidence is what it purports to be. For example, a witness might need to testify that they are familiar with a document and recognize it, or that they were the ones who created or received it.
- Chain of Custody: For items of physical evidence, there must be a showing that the item has been properly handled and maintained from the time it was obtained until it is offered in court. The proponent must show that the item has not been altered or tampered with.
Summary:
- Lack of foundation occurs when the party offering evidence fails to lay the groundwork for its admissibility.
- Common examples of this include failing to show a witness has personal knowledge, failing to authenticate documents, or failing to establish a chain of custody for physical evidence.
- When objecting, you should say: “Objection, lack of foundation.”
- The objecting party is asserting that the proponent has not met the basic requirements to make the evidence admissible.
- The party offering the evidence can overcome the objection by laying the proper foundation through testimony or other evidence.
