[3][4][5][6] The lack of foundation is a valid objection that an adverse party may raise during trial.
This is called weighing the evidence's probative value, which is a term used to describe the amount which a fact either proves or disproves an issue.
[18] The Court ruled that the specifics of his prior conviction were inadmissible, in part, due to F.R.E.
[18] As a preliminary matter, a lawyer must introduce sufficient facts to the court to suggest that the introduction of evidence will meet the standard set forth in F.R.E.
[20][19] There, under relaxed evidentiary rules,[20][19] attorneys present arguments to the court for or against the admissibility of evidence.
"[22][23] For example, if the prosecution in a murder case wishes to present a photograph of the crime scene to the jury, they must verify that the photograph is an accurate representation of the what it is being offered to show (the murder scene).
[25] After the item of evidence has been marked for purposes of identification, the attorney must then hand it to opposing counsel for inspection.
[25] Following opposing counsel's inspection, the proponent can then bring the item of evidence to the witness.
[25] Once a sufficient foundation has been laid, the proponent may ask the judge to move the item into evidence.
[25] The judge will then ask if there are any objections from opposing counsel, and make a determination as to whether or not the evidence will be admitted.
[27][28] A lay witness is a non-expert who may only provide opinions based upon their own personal knowledge of particular facts at issue in a case.
602 provides the rule relating to the necessary foundation that must be laid for a witness to testify on a particular matter.
[30][3] The rule states that a sufficient amount of evidence must be proposed to show that the witness has personal knowledge of the matter.
[30][3] Lawyers typically elicit the necessary information to establish a foundation for lay witnesses via targeted questions during testimony.
[33] If a combination of these factors are established following an objection by opposing counsel, the expert's opinion will be deemed admissible.