Admissibility of Evidence - Exceptions to the Rule against Hearsay - Method of Laying a Foundation for and Offering into Evidence Certified Records of Business or Municipality
If the records were subpoenaed pursuant to CPLR 2306 and 2307 are certified they are admissible in evidence under CPLR 4518(c) and are prima facie evidence of the facts contained. All that is required is that they are offered into evidence.
The record room or part clerk should have the records. Ask the judge if you can look at them. CPLR 2306 (b) provides that they shall be available for inspection pursuant to the rules or order of the court.
(By Counsel)
I offer the records of the ______into evidence in accordance with CPLR 4518. The records bear a certification or authentication by the head of the __________ (hospital), (laboratory), (department) or (bureau of a municipal corporation or of the state), or by an employee delegated for that purpose (or by a qualified physician).
If the records were subpoenaed pursuant to CPLR 2306 and 2307 are certified they are admissible in evidence under CPLR 4518(c) and are prima facie evidence of the facts contained. All that is required is that they are offered into evidence.
The record room or part clerk should have the records. Ask the judge if you can look at them. CPLR 2306 (b) provides that they shall be available for inspection pursuant to the rules or order of the court.
(By Counsel)
I offer the records of the ______into evidence in accordance with CPLR 4518. The records bear a certification or authentication by the head of the __________ (hospital), (laboratory), (department) or (bureau of a municipal corporation or of the state), or by an employee delegated for that purpose (or by a qualified physician).
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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Joel R. Brandes Consulting Services, Inc.
2881 NE 33rd Court (At Dock) Ft. Lauderdale, Florida 33306. Telephone (954) 564-9883. email to:[email protected]. Joel R. Brandes Consulting Services, Inc is a Florida corporation which is owned and operated by
Joel R. Brandes of The New York Law Firm of Joel R. Brandes. P.C. |
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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