If at all possible, coordinate and take care of all your major evidentiary foundational needs before trial. Work with opposing counsel to stipulate to as many foundational issues and facts as you can.Waiting until trial to deal with foundational issues simply adds to the already increased pressure of doing everything in front of a jury. Focus on taking care of the big issues before trial and carefully plan on dealing with the remaining foundational issues during trial with a checklist and a bit a witness planning.
Important- When you’ve laid what you believe is a proper foundation and the other side objects, and then the judge “puts off” her ruling on the objection until the break, the end of the day or until you rest your case, respectfully request that the court make its ruling now. You’re entitled to a ruling and there is nothing in the evidence code that requires you to “wait” until you are done with your case.
In fact, it might be malpractice to do so.
You see, if you allow the ruling on the objection to be placed on hold until the end of the day or your case, and the judge rules against you, you may have forever lost your ability to lay a further foundation (ex- witness has been excused,) to satisfy the judge’s correct or incorrect interpretation of the evidence code.
Be polite but be firm on this issue. No exceptions!
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