1 Ohlbaum on the Pennsylvania Rules of Evidence § 901.06

Summary

• [1] In General

  Evidence falls into one of two categories, real evidence or demonstrative evidence, each of which has a standard “litany” of foundation [see §§ 901.07, 901.08].

  The laying of the foundation must be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury [Pa.R.E. 103(d)]. Leading questions are often permitted in laying a foundation. Documents and real evidence, once properly authenticated, must be admitted into evidence before they may be used by a witness or shown to the jury. Demonstrative evidence may be admissible, see [Commonwealth v. Serge, 896 A.2d 1170 (Pa. 2006)], although the court has discretion to permit a witness to use a demonstrative exhibit without admitting it.

• [2] Laying Foundation Out of Court

  Authentication may be accomplished through a request to admit, stipulation, deposition, interrogatory, or as the result of an agreement reached at the pretrial conference.

• [3] Laying Foundation in Court

  Although not ...