1804

Under Rule 104(a), the rules of evidence do not apply to foundations. Hearsay may be used to establish the foundation of unavailability.

Questions? Email tanford@indiana.edu and refer to 1804

What if the plaintiff's attorney didn't bother to get a note from the doctor, but merely talked to the witness on the phone, found out she was confined to bed, and then told the judge that he had talked to her and found out she was too ill to attend. Is this sufficient to establish a foundation of unavailability? When you think you know the answer, click here