In order for a court to consider evidence presented in a case, the evidence must be properly presented to the court for admission. Presentation of evidence may be undertaken in a variety of ways. First, a proponent or party seeking to admit certain evidence must lay a foundation for the admission of the evidence; the proponent may do this through testimony. The purpose of laying a foundation is to show that the evidence is relevant and admissible. The proponent may have to show that hearsay or some other rule does not bar the admission of evidence.

Next the proponent must establish the authenticity of the evidence. The proponent may ask the opposing party if they would agree that a certain document or non-documentary piece of evidence is what the proponent contends that it is. If the opposing party agrees or stipulates that the document or evidence is what the proponent is claiming, the proponent is not required to further authenticate the evidence. It is within the court's discretion to admit the evidence.

If the evidence sought to be admitted is not agreed upon by the opposing party, the proponent will have to show that the evidence is authentic in order for it to be admitted. The proponent must show that the evidence is what the proponent claims that it is. It is within the trial court's discretion to admit the evidence. It is also with the fact finders discretion to accept or reject the proponent's argument even if the evidence is admitted.

Objections to Evidence

The opposing party may object to evidence sought to be admitted by the proponent. If the opposing party wants to object to the evidence they should do so prior to the court's answer to the proponent's request for admission of certain evidence. The purpose of objecting to the admission of evidence is to exclude harmful matters from consideration by the fact finder. Objections must be made promptly. It is the opposing party's duty to object to evidence that they deem not relevant or admissible. It is not the court's job to inform the opposing party that it should object to the admission of certain evidence.

There are two types of objections, general and specific. A general objection is an objection that does not state any specific grounds supporting the objection. A specific objection is an objection that states a specific reason. Either the objection will be sustained or overruled. If one fails to object to the admission of evidence at the time that it is sought to be admitted, the opposing party has waived their right to later challenge the admissibility of the evidence.

Where one party introduces evidence on a particular subject that party essentially asserts that the opposing party may also introduce evidence on the same topic. This concept is often referred to as "opening the door."

If one party only seeks to admit a portion of a contract, agreement or writing, the opposing party may request that the entire document be submitted into evidence.

Common Objections to the Admission of Evidence

There are numerous grounds upon which one may object to the admission of evidence during a trial. Some of these objections include:

• Failure to lay a proper foundation.
  
• Failure to properly authenticate the evidence sought to be admitted.
  
• Relevance.
  
• Hearsay.
  
• Admission is barred by some rule or statue (i.e. Rape shield laws).

Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.