David Sugden

Foundation can seem confusing to the new practitioner, in part because, "no rule of evidence requires a 'foundation' and that all relevant evidence is generally admissible." See e.g., United States v. Tanner, 628 F.3d 890, 903, n. 5 (7th Cir. 2010). There are foundation rules and principles for (1) witness testimony, (2) documents and writings, (3) photographs and videos, (4) recreation/demonstrative evidence, (5) day-in-the-life evidence, (6) expert witness opinions, etc. From a witness’ personal knowledge to a social media post to a video recreating an accident, mastering the rules of foundation is a must-have skill for all trial lawyers. Attendees will work through hypothetical trial situations, real case examples, wherein they will hone the skill of quickly laying the necessary foundation for all types of evidence (and learn how to spot and stop the admission of evidence that lacks the requisite foundation).