Foundation (evidence)

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In common law, a foundation is sufficient preliminary evidence of the authenticity and relevance for the admission of material evidence in the form of exhibits or testimony of witnesses. Although the word "Foundation" does not appear in the Federal Rules of Evidence, scholars have argued that its existence is displayed, albeit implicitly, when viewing all the rules in context.^[1]

Material evidence is important evidence that may serve to determine the outcome of a case. Exhibits include real evidence, illustrative evidence, demonstrative evidence, and documentary evidence. The type of preliminary evidence necessary to lay the proper foundation depends on the form and type of material evidence offered.^[2] Further, a proper foundation must be laid with respect to witness testimony.^[3] The type of questioning and evidence necessary to properly lay a witness foundation differs based on what the witness is testifying to, and in what capacity they are testifying.^[3][4][5][6]

The lack of foundation is a valid objection that an adverse party may raise during trial.