Admissibility of Evidence - Exceptions to the Rule against Hearsay Applicable in Matrimonial Case
If a statement is hearsay there are several exceptions to the rule that may be applicable in divorce and custody cases. They are a present sense impression or spontaneous declaration/excited utterance,[1] former testimony,[2] admissions, evidence of abuse and neglect, pedigree,[3] and past recollection recorded.[4]
[1] People v. Caviness, 38 N.Y.2d 227, 379 N.Y.S.2d 695 (1975).
[2] CPLR 4517.
[3] Admissibility of pedigree evidence is subject to three conditions: “1. The declarant must be deceased. 2. They must have been made … at the time when there was no motive to distort the truth. 3. The declarant must be related either by blood or affinity to the family concerning which he speaks.” Aalholm v People, 211 NY 406 (1914).
[4] People v Weinberger, 239 NY 307 (1925).
If a statement is hearsay there are several exceptions to the rule that may be applicable in divorce and custody cases. They are a present sense impression or spontaneous declaration/excited utterance,[1] former testimony,[2] admissions, evidence of abuse and neglect, pedigree,[3] and past recollection recorded.[4]
[1] People v. Caviness, 38 N.Y.2d 227, 379 N.Y.S.2d 695 (1975).
[2] CPLR 4517.
[3] Admissibility of pedigree evidence is subject to three conditions: “1. The declarant must be deceased. 2. They must have been made … at the time when there was no motive to distort the truth. 3. The declarant must be related either by blood or affinity to the family concerning which he speaks.” Aalholm v People, 211 NY 406 (1914).
[4] People v Weinberger, 239 NY 307 (1925).
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:divorce@ix.netcom.com. 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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