Admissibility of Evidence - Practice Point - Privilege - Confidential Communications
The prohibition against revealing confidential communications:
•may not be raised by the attorney, clergyman, physician, psychologist or social worker when called by the client’s counsel to testify as a witness;[1]
•may be waived by a spouse putting his physical, mental or blood relationships “in controversy" in pleadings;[2]
•may be waived by trial testimony of a spouse on direct examination as to his medical or other treatment in an action for a divorce on the ground of cruelty.[3]
•Civil Practice Law and Rules 4507 is waived in a custody proceeding.[4] The same rule would apply to Civil Practice Law and Rules 4506 and 4508.[5]
[1] Halcomb v. Harris, 166 N.Y. 157; People v. Bloom, 193 N.Y. 1.
[2] Wegman v. Wegman, 46 A.D.2d 908, 362 N.Y.S.2d 702, aff’d 37 N.Y.2d 94, 380 N.Y.S.2d 649 (1976).
[3] Giamanco v.Giamanco, A.D.2d, 393 N.Y.S.2d 453.
[4] Baecher v. Baecher, 58 A.D.2d 821, 396 N.Y.S.2d 447 (2d. Dept., 1977); See Hickox v. Hickox, 64 A.D.2d 412, 410 N.Y.S.2d 81 (1st Dept.), although the waiver is not automatic in the Fourth Department. See Perry v. Fiumano, 61 A.D.2d 519 (4th Dept., 1978).
[5] Baecher v. Baecher, 58 A.D.2d 821, 396 N.Y.S.2d 447 (2d. Dept., 1977); See Hickox v. Hickox, 64 A.D.2d 412, 410 N.Y.S.2d 81 (lst.Dept.), although the waiver is not automatic in the Fourth Department. See Perry v. Fiumano, 61 A.D.2d 519 (4th.Dept. 1978).
The prohibition against revealing confidential communications:
•may not be raised by the attorney, clergyman, physician, psychologist or social worker when called by the client’s counsel to testify as a witness;[1]
•may be waived by a spouse putting his physical, mental or blood relationships “in controversy" in pleadings;[2]
•may be waived by trial testimony of a spouse on direct examination as to his medical or other treatment in an action for a divorce on the ground of cruelty.[3]
•Civil Practice Law and Rules 4507 is waived in a custody proceeding.[4] The same rule would apply to Civil Practice Law and Rules 4506 and 4508.[5]
[1] Halcomb v. Harris, 166 N.Y. 157; People v. Bloom, 193 N.Y. 1.
[2] Wegman v. Wegman, 46 A.D.2d 908, 362 N.Y.S.2d 702, aff’d 37 N.Y.2d 94, 380 N.Y.S.2d 649 (1976).
[3] Giamanco v.Giamanco, A.D.2d, 393 N.Y.S.2d 453.
[4] Baecher v. Baecher, 58 A.D.2d 821, 396 N.Y.S.2d 447 (2d. Dept., 1977); See Hickox v. Hickox, 64 A.D.2d 412, 410 N.Y.S.2d 81 (1st Dept.), although the waiver is not automatic in the Fourth Department. See Perry v. Fiumano, 61 A.D.2d 519 (4th Dept., 1978).
[5] Baecher v. Baecher, 58 A.D.2d 821, 396 N.Y.S.2d 447 (2d. Dept., 1977); See Hickox v. Hickox, 64 A.D.2d 412, 410 N.Y.S.2d 81 (lst.Dept.), although the waiver is not automatic in the Fourth Department. See Perry v. Fiumano, 61 A.D.2d 519 (4th.Dept. 1978).
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.
|
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.
|