Description
When an attorney asks a witness questions about something that they haven’t proven they’re qualified to ask about.
Purpose/Policy/Reason
Without the objection for an inadequate foundation, attorneys would ask questions about things that witnesses are not qualified to
Examples
“Mr. Hammersmith, was your house key on your key chain when you got home on February 28th?”
(In this case, you would object to the question if the attorney hasn’t proven he is qualified to ask questions about Mr. Hammersmith’s key chain.)
“Mrs. Angelface, what is your bedroom closest
(In this case, you would object to the question if the attorney hasn’t proven he’s qualified to ask questions about Mrs. Angelface’s bedroom location.)
“Mr. Driscoll, did you watch anything on your television on the night in question?”
(In this case, you would object to the question if the attorney hasn’t proven he is qualified to ask questions about what Mr. Driscoll watched on television on the night in question.)
Federal and Georgia Mock Trial Rule of Evidence
Article VI. Witnesses
Rule 602. Need for Personal Knowledge
A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness’s own testimony. This rule does not apply to a witness’s expert testimony under Rule 703.