Conduct of Trial - Motion to Strike Evidence Admitted Subject to Connection
When an objection is made to the admission of particular evidence, the court may overrule the objection and allow the evidence to be presented on examining counsel’s promise to cure the objection later. This is known as allowing the evidence to be presented “subject to connection”. If the promised foundation testimony or curative evidence is not supplied, a motion to strike the evidence is proper. If a party still considers a question objectionable after it has been perfected by additional proof, or if the objection is not cured, that party must renew his objection by making a motion to strike the evidence. [1]
[1] Platner v Platner, 78 NY 90 (1879); Croton-On-Hudson v State, 48 Misc 2d 1092, 266 NYS2d 567 (1966). Marks v King, 64 NY 628 (1876); Jarvis v Metropolitan S. R. Co. 65 AD 490, 72 NYS 829 (1901); United States Vinegar Co. v Schlegel, 143 NY 537, 38 NE 729 (1894); Hamel v Brooklyn H. R. Co., 59 AD 135, 69 NYS 166 (1901).
In Croton-On-Hudson v State, 48 Misc 2d 1092, 266 NYS2d 567 (1966), exhibits which were received in evidence subject to connection were stricken from the evidence, where no connection was shown.
When an objection is made to the admission of particular evidence, the court may overrule the objection and allow the evidence to be presented on examining counsel’s promise to cure the objection later. This is known as allowing the evidence to be presented “subject to connection”. If the promised foundation testimony or curative evidence is not supplied, a motion to strike the evidence is proper. If a party still considers a question objectionable after it has been perfected by additional proof, or if the objection is not cured, that party must renew his objection by making a motion to strike the evidence. [1]
[1] Platner v Platner, 78 NY 90 (1879); Croton-On-Hudson v State, 48 Misc 2d 1092, 266 NYS2d 567 (1966). Marks v King, 64 NY 628 (1876); Jarvis v Metropolitan S. R. Co. 65 AD 490, 72 NYS 829 (1901); United States Vinegar Co. v Schlegel, 143 NY 537, 38 NE 729 (1894); Hamel v Brooklyn H. R. Co., 59 AD 135, 69 NYS 166 (1901).
In Croton-On-Hudson v State, 48 Misc 2d 1092, 266 NYS2d 567 (1966), exhibits which were received in evidence subject to connection were stricken from the evidence, where no connection was shown.
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.
|