Questions to Lay Foundation for Introduction of text message into evidence
(By Counsel)
Mark for identification
Q. I show you this document and ask you if you can identify it?
A. Yes [1]
Q. What is it?
A. A print out of a text message I received from the defendant on _________; or
A. A print out of a series of text messages exchanged between the _______and I on ___________20__.
(By Counsel)
I offer it in evidence.
If there is an objection on the ground that a proper foundation has not been laid and the objection is sustained, then ask:
(By Counsel)
Q. How do you know this text message was sent to you by the defendant?
Q. Have you ever communicated by text with the defendant?
Q. When did you communicate by text with the defendant?
Q. How do you communicate by text with someone?
Q. Do you know the defendant's mobile phone number?
Q. Did you obtain the defendant's mobile phone number?
Q. How did you obtain the defendant's mobile phone number?
Q. What is the defendant's mobile phone number?
Q. What is your mobile phone number?
Q. Did you receive a text from him bearing that phone number?
Q. Did you send a text to him at that mobile phone number?
Q. Did he respond to that text by a reply text to your mobile phone number?
(By Counsel)
I renew my offer.
[1] Answers to the questions are for purposes of the example only.
(By Counsel)
Mark for identification
Q. I show you this document and ask you if you can identify it?
A. Yes [1]
Q. What is it?
A. A print out of a text message I received from the defendant on _________; or
A. A print out of a series of text messages exchanged between the _______and I on ___________20__.
(By Counsel)
I offer it in evidence.
If there is an objection on the ground that a proper foundation has not been laid and the objection is sustained, then ask:
(By Counsel)
Q. How do you know this text message was sent to you by the defendant?
Q. Have you ever communicated by text with the defendant?
Q. When did you communicate by text with the defendant?
Q. How do you communicate by text with someone?
Q. Do you know the defendant's mobile phone number?
Q. Did you obtain the defendant's mobile phone number?
Q. How did you obtain the defendant's mobile phone number?
Q. What is the defendant's mobile phone number?
Q. What is your mobile phone number?
Q. Did you receive a text from him bearing that phone number?
Q. Did you send a text to him at that mobile phone number?
Q. Did he respond to that text by a reply text to your mobile phone number?
(By Counsel)
I renew my offer.
[1] Answers to the questions are for purposes of the example only.
The material on our website is from the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. There are numerous questions for the examination and cross-examination of witnesses.
Joel R. Brandes Consulting Services, Inc. publishes The New York Matrimonial Trial Handbook . It is available in Bookstores, and online in the print edition at Amazon, Barnes & Noble, Goodreads and other online book sellers.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
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This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
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