Conduct of Trial - Motion to Strike Evidence Improperly Admitted
Where evidence is admitted improperly, as where a witness answers a question before an objection to the question can be made, a motion to strike that evidence from the record is proper.[1]
Where a question is in proper form but the answer is not responsive to the question, a motion to strike the answer, as not being responsive to the question, is proper.[2]
It is not error to deny a motion to strike an answer of a witness as not responsive, where the answer is responsive to a part of the question.[3]
If evidence is received for a particular purpose, which later is abandoned by the proponent of that evidence, a motion to strike that evidence should be granted.[4]
[1] Link v Sheldon, 136 NY 1, 32 NE 696; Gall v Gall, 114 NY 109, 21 NE 106 (1889) ; Rosner v United States Waterways Corp., 278 AD 168, 104 NYS2d 217 (1951), affd 304 NY 580, 107 NE2d 77; Buckley v Westchester Lighting Co., 93 AD 436, 87 NYS 763, affd 183 NY 506, 76 NE 1090 (1904); Petrozak v State, 189 Misc 809, 69 NYS2d 809 (1947); Nathan Straus-Duparquet, Inc. v Moglen, 185 Misc 657, 57 NYS2d 395 (1945), affd 185 Misc 831, 58 NYS2d 714.
[2] Helmken v. City of New York, 90 App.Div. 135, 136, 85 N.Y.S. 1048, 1049 (1st Dep't 1904) (answer should have been stricken where in response to question calling for "yes" or "no" answer, witness responded with speculative answer containing inadmissible evidence)
[3] Knoll v. Third Ave. R. Co., 46 A.D. 527, 62 N.Y.S. 16 ( 1st Dept.,1900)
[4] Ventimiglia v Brockway Motor Truck Corp., 143 Misc 681, 257 NYS 27 (1932).
Where evidence is admitted improperly, as where a witness answers a question before an objection to the question can be made, a motion to strike that evidence from the record is proper.[1]
Where a question is in proper form but the answer is not responsive to the question, a motion to strike the answer, as not being responsive to the question, is proper.[2]
It is not error to deny a motion to strike an answer of a witness as not responsive, where the answer is responsive to a part of the question.[3]
If evidence is received for a particular purpose, which later is abandoned by the proponent of that evidence, a motion to strike that evidence should be granted.[4]
[1] Link v Sheldon, 136 NY 1, 32 NE 696; Gall v Gall, 114 NY 109, 21 NE 106 (1889) ; Rosner v United States Waterways Corp., 278 AD 168, 104 NYS2d 217 (1951), affd 304 NY 580, 107 NE2d 77; Buckley v Westchester Lighting Co., 93 AD 436, 87 NYS 763, affd 183 NY 506, 76 NE 1090 (1904); Petrozak v State, 189 Misc 809, 69 NYS2d 809 (1947); Nathan Straus-Duparquet, Inc. v Moglen, 185 Misc 657, 57 NYS2d 395 (1945), affd 185 Misc 831, 58 NYS2d 714.
[2] Helmken v. City of New York, 90 App.Div. 135, 136, 85 N.Y.S. 1048, 1049 (1st Dep't 1904) (answer should have been stricken where in response to question calling for "yes" or "no" answer, witness responded with speculative answer containing inadmissible evidence)
[3] Knoll v. Third Ave. R. Co., 46 A.D. 527, 62 N.Y.S. 16 ( 1st Dept.,1900)
[4] Ventimiglia v Brockway Motor Truck Corp., 143 Misc 681, 257 NYS 27 (1932).
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: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.
|