Foundation is the preliminary showing that evidence is what it claims to be and is sufficiently connected to the case for admission.
Why foundation matters
Foundation matters because evidence usually cannot be admitted simply by handing it to the court. The offering party may need testimony, records, or other proof showing what the item is, how it was created, who handled it, or why it is reliable enough to consider.
Foundation issues often arise before the factfinder hears or sees the evidence.
Where foundation appears
Foundation appears in trial objections, exhibit admission, witness questioning, authentication disputes, business-records issues, expert testimony, and chain-of-custody disputes.
Practical example
Before a photograph is admitted, a witness may testify that it fairly and accurately shows the scene as it appeared at the relevant time.
How foundation differs from nearby terms
Foundation differs from relevance because relevance asks whether evidence tends to prove something important. Foundation asks whether the evidence has been properly introduced and connected to the case.
Related terms
Quick knowledge check
Why might a lawyer ask several background questions before offering an exhibit?