What is the proper action when there is a lack of foundation objection?

What is the proper action when there is a lack of foundation objection?

• A. The proponent must lay a proper foundation before admission.
• B. The evidence is automatically excluded.
• C. The judge must order a new trial.
• D. The jury should be informed to disregard.

Answer: (A)

The key idea here is admissibility hinges on laying a proper foundation. When an opponent objects that there is a lack of foundation, the correct course is to give the proponent the opportunity to lay that foundation before the evidence is admitted. Once the necessary testimony or showing is provided to establish relevance, reliability, and the proper basis for its use, the evidence can be admitted. It’s not automatic exclusion, not a requirement for a new trial, and there’s no need to tell the jury to disregard the evidence simply because foundation was missing at first.

The key idea here is admissibility hinges on laying a proper foundation. When an opponent objects that there is a lack of foundation, the correct course is to give the proponent the opportunity to lay that foundation before the evidence is admitted. Once the necessary testimony or showing is provided to establish relevance, reliability, and the proper basis for its use, the evidence can be admitted. It’s not automatic exclusion, not a requirement for a new trial, and there’s no need to tell the jury to disregard the evidence simply because foundation was missing at first.