Friday, May 31, 2013

Foundation of Evidence

I believe one of the overlooked areas in family law and most other litigation is laying a proper foundation of certain testimony.  Rule 602 of the Mississippi Rules of Evidence provides that a witness cannot testify to evidence they have no personal knowledge of.  Several attorneys get pretty upset with me when I start objecting in trial to their clients testimony as lacking foundation.  Once they start to try to lay the foundation, it turns out the only thing the witness knows is from what someone told them which is hearsay and a whole other evidentiary can of worms.  Nothing like getting the judgment to sustain six (6) objections in a two (2) minute period which happened in a case I had a while back.  Lay some foundation of personal knowledge regarding certain testimony and plan ahead.  If not, you can really get burned on this issue. 

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