ONCALL
...Evidence
......Foundational Issues
6 Cards On This Topic:

When D moves to strike for first time after prosecution's case-in-chief has concluded, trial court may defer its ruling until after rebuttal testimony to allow rebuttal witnesses to provide requisite foundational facts.

Substantial evidence supported verdict where jury found SWs deliberately or with reckless disregard fabricated or misrepresented evidence against mother and omitted exculpatory evidence; materiality is an issue for the jury.

The identification of a substance on clothing or fabric as blood is not a matter beyond common experience.

A declaration is not admissible evidence if it lacks foundation in personal knowledge.

While defendant's motion to allow expert testimony on the use of force by police was improperly denied by the trial ct., defendant showed no prejudice resulting from the error.

Trial ct. properly excluded expert declarations attached to plaintiffs' opposition to defendant's motion for summary judgment where declarations only provided ultimate conclusions of law.