Trial of a Divorce and Custody Case
Home
Return to The Law Firm of Joel R. Brandes website
New York Matrimonial Trial Handbook
New York Matrimonial Trial Handbook 2023 Update Pdf Edition
Table of Contents of Trial of a Divorce and Custody Case
Books about Divorce and Family Law
Conduct of Trial
Order of Trial
>
Order of Trial - In General
Questions for Placing Stipulation on the Record and Allocution
Questions for prima facie economic case - Direct Examination of Client – General Questions
Order of Trial - Motion to Dismiss After Opening Statementage
Conduct of Trial - Courtroom Decorum for Counsel and Court - Addressing the Judge - Approaching the Bench
Conduct of Trial - Right to Cross-Examination of Witness
Conduct of Trial - Scope of Cross-Examination - Making Adverse Witness Own Witness
Conduct of Trial - Redirect Examination - Rule of Completeness
Conduct of Trial - Redirect Examination
Conduct of Trial - Re-Cross Examination of Witness
Conduct of Trial - Calling a Witness to the Stand to Testify
Conduct of Trial - Right to Call Witnesses for Direct Examination
Conduct of Trial - Method of Calling a Witness to the Stand - Presenting Witnesses
Conduct of Trial - Requirement that Witness Have Personal Knowledge
Conduct of Trial - Examination of Witnesses - Method of Examination - Improper Questions
Conduct of Trial – Importance of Objections to Inadmissible Evidence or Improper Questions
Conduct of Trial - Method of Making an Objection
Conduct of Trial - Voir Dire to Challenge Foundation for Introduction of Evidence
Conduct of Trial - Leading Questions - What they are and when they are permitted
Conduct of Trial - Method of Making Objection to Leading Question
Conduct of Trial - Refreshing the Witness’s Recollection
Conduct of Trial - Questions for Refreshing Witness Recollection
Conduct of Trial - Refreshing Recollection of Witness - Past recollection recorded
Conduct of Trial - Motion for Reconsideration of Prior Ruling
Conduct of Trial - Method of Making Motion to Reconsider Prior Ruling
Conduct of Trial - Motion to Adjourn Trial - Defendant’s Objection to proceed with Defense before Plaintiff Rests
Conduct of Trial - Motion to Dismiss for failure to establish a Prima Facie Case
Conduct of Trial - Method of Making Motion to Adjourn - Objection to proceed with Defense before Plaintiff Rests
Conduct of Trial - Continuing Objection
Conduct of Trial - Motion to Strike Evidence Improperly Admitted
Conduct of Trial - Motion to Strike Evidence Admitted Subject to Connection
Conduct of Trial - Offer of Proof - What is it?
Conduct of Trial - Method of Making an Offer of Proof
Conduct of Trial - Exclusion of Witnesses from Courtroom
Conduct of Trial - Method of Making Request to Exclude Witnesses
Conduct of Trial - Discretion of Judge to Question Witnesses
Conduct of Trial - Right of Court to Compel Testimony
Conduct of Trial - Right of Trial Judge to Call own Witness.
Trial Testimony - Prior Testimony - Questions for Impeaching Witness on Cross Examination by Prior Deposition Testimony
Trial Testimony - Prior Testimony - Use of Answers to Interrogatories from Prior Action
Trial Testimony - Right to Confer with Counsel
Trial Testimony - Right to Interpreter for Person Who Can Not Communicate with Court
Trial Testimony - Prior Testimony - Effect of using deposition.
Trial Testimony - Calling the Adverse Party as a Witness
Trial Testimony - Cross Examination - Modes of impeachment
Trial Testimony - Cross - Examination - Impeachment of Witnesses
Trial Testimony - Prior Testimony - Effect of using Answers to Interrogatories.
Trial Testimony - Cross Examination - Impeachment - Reputation for Veracity
Trial Testimony - Prior Testimony - Use of Deposition from Prior Action
Trial Testimony - Cross-Examination - Impeachment Limited by Collateral Evidence Rule
Trial Testimony - Cross Examination - Reputation for Veracity - Laying Foundation for Impeachment Testimony of Bad Reputation for Veracity
Trial Testimony - Cross Examination - Reputation for Veracity - Questions for Impeachment Testimony of Bad Reputation for Veracity
Trial Testimony - Cross - Examination - Impeachment of Witness by Prior Inconsistent Statement and Questions for Introduction
Trial Testimony - Prior Testimony - Use of Deposition Subject to Rules of Evidence
Trial Testimony - Testimony of Child
Trial Testimony- Cross - Examination – Inadmissibility of Proof of Prior Arrest, Indictment or Conviction for Petty Crime
Trial Testimony - Method of Offering Exhibit Marked for Identification into Evidence - Standard Questions
Trial Testimony - Cross - Examination - Attempt to Procure False Evidence Competent as an Admission
Trial Testimony - Cross-Examination - Impeachment of Witness by Criminal Conviction
Trial Testimony - Cross-Examination - Impeachment of Witness by Showing Bias, Hostility, or Interest
Trial Testimony - Cross - Examination - Impeachment by Showing Witness Hostile to Party
Trial Testimony- Cross - Examination - Impeachment by Showing Predisposition
Trial Testimony - Questions for Impeaching Witness on Cross - Examination by Showing Hostility
Trial Testimony - Method of Marking Documents as Exhibits for Identification and Offering them into Evidence
Trial Testimony - Impeaching own Witness
Trial Testimony - Prior Testimony - Use of Depositions at Trial or Hearing
Trial Testimony - Prior Testimony - Questions for Impeaching Witness on Cross Examination by Prior Testimony
Trial Testimony - Prior Testimony - Use of Answers to Interrogatories
Trial Testimony - Prior Testimony - Use of Answers to interrogatories Subject to Rules of Evidence
Trial Testimony - Prior Testimony - Questions for Impeaching Witness on Cross Examination by Answers to interrogatories
Trial Testimony - Prior Testimony - Admission of Prior Testimony
Trial Testimony - Prior Testimony - Admission of Prior Testimony Subject to Objection
Trial Testimony - Prior Testimony - Necessity of Foundation for Admission of Prior Testimony
Rules of Evidence
Rules of Evidence - In General
>
Burden of Proof - Standards of Proof
Evidence and Proof - Competent and Material
Burden of Proof - Fair Preponderance of Credible Evidence - Clear and Convincing Evidence
Burden of Proof - Clear and Convincing Evidence in Matrimonial Actions
Burden of Proof - Presumptions
Burden of Proof - “Competent Proof” in Family Court Proceedings
Standards of Proof for Overcoming Presumptions in Matrimonial Actions
Foundation for Evidence - Stare Decisis - The Doctrine of Precedent
Foundation for Evidence - Law of the Case
Foundation for Evidence - Judicial Estoppel
Foundation for Evidence - Rule Against Inconsistent Positions
Foundation for Evidence - Estoppel from Presenting Evidence at Trial Based Upon Contents of Response to Discovery Demand
Foundation for Evidence - Judicial Notice of Law and Facts
Foundation for Evidence - Method of Asking Court to Take Judicial Notice of a Fact
Foundation for Evidence - Judicial Notice of Testimony at Prior Pendente lite Hearing
Admissibility of Evidence – Rule against Hearsay
Admissibility of Evidence - General Rule
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Verbal or operative acts and State of Mind
Admissibility of Evidence - Exceptions to the Rule against Hearsay - State of Mind
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Present Sense Impression and Excited Utterance/Spontaneous Declaration
Admissibility of Evidence - Exceptions to the Rule Against Hearsay - Not Necessary to Lay Foundation For Admission of Certified Non-Party Business Records Produced Pursuant to Subpoena - CPLR 3122-a.
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Expressions of Intent
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Evidence of Abuse or Neglect in Custody and Child Protective Proceedings
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Former Testimony
Admissibility of Evidence - Presumption that Only Admissible Evidence Was Considered By the Trial Court.
Admissibility of Evidence - Admissions and Letters by Party’s Attorney Admissible in Evidence
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Laying a Foundation for and Questions for Offering Business Records into Evidence
Admissibility of Evidence - Exceptions to the Rule against Hearsay Applicable in Matrimonial Case
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Admission of New Spouse
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Past recollection recorded
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Business Records
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Admissions
Admissibility of Evidence - Exceptions to the Rule Against Hearsay - Business Records - Admission of Hospital bills and Records, Records and Reports of Genetic Marker or DNA tests, and Payment Records
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Admission of Certified Hospital, Library, and Government Records.
Admissibility of Evidence - Exceptions to the Rule Against Hearsay - Admission of Business Records - Other Certification Substitutes for Foundation Testimony.
Admissibility of Evidence - Exceptions to the Rule Against Hearsay - Admissibility of Medical Reports - Not admissible As Business Records Where They Contain Doctor's Opinion or Expert Proof
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Laying a Foundation for Admission of Business Records and Records of Municipality into Evidence - Summary of Rule
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Questions for Laying a Foundation for and Offering Business and Municipality Records into Evidence
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
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Business Records Rule - Business Duty
Admissibility of Evidence - Results of Lie Detector Test Inadmissible
Admissibility of Evidence - Privilege - Testimony of One Spouse against the Other. - Action founded Upon Adultery - In General
Admissibility of Evidence - Expert Report Inadmissible Without Consent
Admissibility of Evidence - Privilege - Testimony of One Spouse against the Other- Action Founded Upon Adultery - As to Non-access
Admissibility of Evidence - Privilege - Testimony of One Spouse Against the Other – Actions for Divorce, Separation or Annulment - Confidential Communications.
Admissibility of Evidence - Privilege - Testimony of One Spouse against the Other - Confidential Communications - Waiver
Admissibility of Evidence - Privilege - Confidential Communications - Waiver
Admissibility of Evidence - Privilege - Testimony of One Spouse for the Other - Action founded Upon Adultery
Admissibility of Evidence - Privilege - Confessions and Admissions - Action Founded Upon Adultery
Admissibility of Evidence - Privilege - Conduct Prior to Marriage - Action Founded Upon Adultery.
Admissibility of Evidence - Privilege - Attorney - Client Privilege - Civil Practice Law and Rules § 4501.
Admissibility of Evidence - Privilege - Psychologist - Patient Privilege - Civil Practice Law and Rules § 4507.
Admissibility of Evidence - Privilege - Physician, dentist, podiatrist, chiropractor and nurse Privilege - Civil Practice Law and Rules § 4507.
Admissibility of Evidence - Privilege - Clergy - Penitent Privilege - Civil Practice Law and Rules § 4505.
Admissibility of Evidence - Privilege - Social worker - Patient Privilege - Civil Practice Law and Rules § 4508(a).
Admissibility of Evidence - Privilege - Rape crisis counselor - client Privilege - Civil Practice Law and Rules § 4510.
Admissibility of Evidence - Practice Point - Privilege - Confidential Communications
Admissibility of Evidence - Privilege - Fifth Amendment Privilege against Self-Incrimination
Admissibility of Evidence - Privilege - Method of Making Objection to Question on Fifth Amendment Grounds
Admissibility of Evidence - Privilege - Adverse Inference from Failure of Party to Testify and Failure to Call Favorable Witness - Missing Witness Rule in Civil Case
Admissibility of Evidence - Privilege - New York Privilege against Self-incrimination - Civil Practice Law and Rules §4501.
Admissibility of Evidence - Privilege - Electronic Communication of Privileged Communications - Civil Practice Law and Rules § 4548
Admissibility of Evidence - Evidence Illegally Obtained. – Unlawful Entry, Search and Seizure and Electronic Surveillance of Family Conversations – Exceptions for Custody and Article 10 Cases
Admissibility of Evidence - Suppression of Illegally Obtained Eavesdropping Evidence - Civil Practice Law and Rules § 4506(a) - Vicarious Consent for Child
Admissibility of Evidence - Authentication of Instant Message
Admissibility of Evidence - Motion to Suppress Illegally Obtained Eavesdropping Evidence under CPLR § 4506
Admissibility of Evidence - Illegal Interception of Electronic Evidence - Electronic Evidence Defined
Admissibility of Evidence - Admissibility of Audio and Visual Recordings - Foundation for Admission of Recordings
Admissibility of Evidence - Social Networking Sites
Admissibility of Evidence - Admissibility of Electronic Evidence
Admissibility of Evidence - Authentication of Text Message and Questions for Introduction into Evidence
Admissibility of Evidence - Evidence Obtained By Spyware - CPLR 4506
Admissibility of Evidence - Admissibility of Audio and Visual Recordings
Admissibility of Evidence - Authentication of Blogs and Websites
Admissibility of Evidence - Questions for Laying Foundation for Admission of Recorded telephone call into Evidence
Admissibility of Evidence - Authentication of email and Questions for Introduction
Admissibility of Evidence - Questions for Laying Foundation for Admission of Transcript of Sound Recorded telephone call into Evidence
Admissibility of Evidence - Best evidence rule
Admissibility of Evidence - Parol Evidence Rule
Admissibility of Evidence - Inadmissibility of Evidence Protected by the Health Insurance Portability and Accountability Act
Admissibility of Evidence - Authentication of Foreign Records and Documents for Use at Trial
Admissibility of Evidence - Spoliation - Unfavorable Inference - Preclusion
Admissibility of Evidence - Admissibility of Foreign Language Exhibits and Affidavits and Papers
Admissibility of Evidence - Authentication of official record of court or government office in the United States
Admissibility of Evidence - Settlement Offers Not Admissible
Questions to Lay Foundation for Introduction of text message into evidence
Questions to Lay Foundation for Introduction of email into evidence
Opinion Evidence
Opinion Evidence – Qualification of Expert and Weight of Testimony
Opinion Evidence - Opinion of Ordinary Witness as to ownership, intent, belief and value of property or services.
Opinion Evidence - Admissibility of Expert Testimony - Basis for Admission of Expert Opinion
Opinion Evidence - Form of expert opinion
Opinion Evidence - Cross Examination of Expert Witnesses - Impeaching the Expert
Opinion Evidence
Opinion Evidence - Impeaching Your Own Expert Witness.
Opinion Evidence and Need for Expert Opinion
Opinion Evidence - Expert Cannot Be Compelled to Testify
Practice Point - Admissibility of Charts and Summaries Counsel may be permitted to use charts to summarize documents already in evidence where the charts are based solely on information already in evidence. A foundation must be laid, demonstrating that
Practice Point – Testimony about Out of Court Statements Made by Third Party.
Practice Point - Effect of the Failure of a Party to Deny or Contradict Evidence or Pleadings
Practice Point - No Client - Expert Privilege.
Practice Point - Trial Evidence not Limited by Scope of Pretrial Disclosure
Practice Point - Effect of withholding Evidence in Your Possession, or Failure to Call a Witness
Custody Proceedings
Direct Examination of Party - Prima Facie Custody Case
Custody Proceedings - Evidence - Investigations
Custody Proceedings - Evidence -Admissibility of Hearsay
Custody Proceedings – Evidence - In-camera and Lincoln interviews
Custody Proceedings – Evidence - Confidential communications - Waiver in Custody Cases
Custody Proceedings - Evidence - Child as a Witness
Custody Proceedings - Evidence - Child Permitted to Assert Psychologist - Patient Privilege
Custody Proceedings - Evidence - Admissibility of child abuse reports
Custody Proceedings - Evidence - Use of Experts, Evaluations, and Reports
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Home
Return to The Law Firm of Joel R. Brandes website
New York Matrimonial Trial Handbook
New York Matrimonial Trial Handbook 2023 Update Pdf Edition
Table of Contents of Trial of a Divorce and Custody Case
Books about Divorce and Family Law
Conduct of Trial
Order of Trial
>
Order of Trial - In General
Questions for Placing Stipulation on the Record and Allocution
Questions for prima facie economic case - Direct Examination of Client – General Questions
Order of Trial - Motion to Dismiss After Opening Statementage
Conduct of Trial - Courtroom Decorum for Counsel and Court - Addressing the Judge - Approaching the Bench
Conduct of Trial - Right to Cross-Examination of Witness
Conduct of Trial - Scope of Cross-Examination - Making Adverse Witness Own Witness
Conduct of Trial - Redirect Examination - Rule of Completeness
Conduct of Trial - Redirect Examination
Conduct of Trial - Re-Cross Examination of Witness
Conduct of Trial - Calling a Witness to the Stand to Testify
Conduct of Trial - Right to Call Witnesses for Direct Examination
Conduct of Trial - Method of Calling a Witness to the Stand - Presenting Witnesses
Conduct of Trial - Requirement that Witness Have Personal Knowledge
Conduct of Trial - Examination of Witnesses - Method of Examination - Improper Questions
Conduct of Trial – Importance of Objections to Inadmissible Evidence or Improper Questions
Conduct of Trial - Method of Making an Objection
Conduct of Trial - Voir Dire to Challenge Foundation for Introduction of Evidence
Conduct of Trial - Leading Questions - What they are and when they are permitted
Conduct of Trial - Method of Making Objection to Leading Question
Conduct of Trial - Refreshing the Witness’s Recollection
Conduct of Trial - Questions for Refreshing Witness Recollection
Conduct of Trial - Refreshing Recollection of Witness - Past recollection recorded
Conduct of Trial - Motion for Reconsideration of Prior Ruling
Conduct of Trial - Method of Making Motion to Reconsider Prior Ruling
Conduct of Trial - Motion to Adjourn Trial - Defendant’s Objection to proceed with Defense before Plaintiff Rests
Conduct of Trial - Motion to Dismiss for failure to establish a Prima Facie Case
Conduct of Trial - Method of Making Motion to Adjourn - Objection to proceed with Defense before Plaintiff Rests
Conduct of Trial - Continuing Objection
Conduct of Trial - Motion to Strike Evidence Improperly Admitted
Conduct of Trial - Motion to Strike Evidence Admitted Subject to Connection
Conduct of Trial - Offer of Proof - What is it?
Conduct of Trial - Method of Making an Offer of Proof
Conduct of Trial - Exclusion of Witnesses from Courtroom
Conduct of Trial - Method of Making Request to Exclude Witnesses
Conduct of Trial - Discretion of Judge to Question Witnesses
Conduct of Trial - Right of Court to Compel Testimony
Conduct of Trial - Right of Trial Judge to Call own Witness.
Trial Testimony - Prior Testimony - Questions for Impeaching Witness on Cross Examination by Prior Deposition Testimony
Trial Testimony - Prior Testimony - Use of Answers to Interrogatories from Prior Action
Trial Testimony - Right to Confer with Counsel
Trial Testimony - Right to Interpreter for Person Who Can Not Communicate with Court
Trial Testimony - Prior Testimony - Effect of using deposition.
Trial Testimony - Calling the Adverse Party as a Witness
Trial Testimony - Cross Examination - Modes of impeachment
Trial Testimony - Cross - Examination - Impeachment of Witnesses
Trial Testimony - Prior Testimony - Effect of using Answers to Interrogatories.
Trial Testimony - Cross Examination - Impeachment - Reputation for Veracity
Trial Testimony - Prior Testimony - Use of Deposition from Prior Action
Trial Testimony - Cross-Examination - Impeachment Limited by Collateral Evidence Rule
Trial Testimony - Cross Examination - Reputation for Veracity - Laying Foundation for Impeachment Testimony of Bad Reputation for Veracity
Trial Testimony - Cross Examination - Reputation for Veracity - Questions for Impeachment Testimony of Bad Reputation for Veracity
Trial Testimony - Cross - Examination - Impeachment of Witness by Prior Inconsistent Statement and Questions for Introduction
Trial Testimony - Prior Testimony - Use of Deposition Subject to Rules of Evidence
Trial Testimony - Testimony of Child
Trial Testimony- Cross - Examination – Inadmissibility of Proof of Prior Arrest, Indictment or Conviction for Petty Crime
Trial Testimony - Method of Offering Exhibit Marked for Identification into Evidence - Standard Questions
Trial Testimony - Cross - Examination - Attempt to Procure False Evidence Competent as an Admission
Trial Testimony - Cross-Examination - Impeachment of Witness by Criminal Conviction
Trial Testimony - Cross-Examination - Impeachment of Witness by Showing Bias, Hostility, or Interest
Trial Testimony - Cross - Examination - Impeachment by Showing Witness Hostile to Party
Trial Testimony- Cross - Examination - Impeachment by Showing Predisposition
Trial Testimony - Questions for Impeaching Witness on Cross - Examination by Showing Hostility
Trial Testimony - Method of Marking Documents as Exhibits for Identification and Offering them into Evidence
Trial Testimony - Impeaching own Witness
Trial Testimony - Prior Testimony - Use of Depositions at Trial or Hearing
Trial Testimony - Prior Testimony - Questions for Impeaching Witness on Cross Examination by Prior Testimony
Trial Testimony - Prior Testimony - Use of Answers to Interrogatories
Trial Testimony - Prior Testimony - Use of Answers to interrogatories Subject to Rules of Evidence
Trial Testimony - Prior Testimony - Questions for Impeaching Witness on Cross Examination by Answers to interrogatories
Trial Testimony - Prior Testimony - Admission of Prior Testimony
Trial Testimony - Prior Testimony - Admission of Prior Testimony Subject to Objection
Trial Testimony - Prior Testimony - Necessity of Foundation for Admission of Prior Testimony
Rules of Evidence
Rules of Evidence - In General
>
Burden of Proof - Standards of Proof
Evidence and Proof - Competent and Material
Burden of Proof - Fair Preponderance of Credible Evidence - Clear and Convincing Evidence
Burden of Proof - Clear and Convincing Evidence in Matrimonial Actions
Burden of Proof - Presumptions
Burden of Proof - “Competent Proof” in Family Court Proceedings
Standards of Proof for Overcoming Presumptions in Matrimonial Actions
Foundation for Evidence - Stare Decisis - The Doctrine of Precedent
Foundation for Evidence - Law of the Case
Foundation for Evidence - Judicial Estoppel
Foundation for Evidence - Rule Against Inconsistent Positions
Foundation for Evidence - Estoppel from Presenting Evidence at Trial Based Upon Contents of Response to Discovery Demand
Foundation for Evidence - Judicial Notice of Law and Facts
Foundation for Evidence - Method of Asking Court to Take Judicial Notice of a Fact
Foundation for Evidence - Judicial Notice of Testimony at Prior Pendente lite Hearing
Admissibility of Evidence – Rule against Hearsay
Admissibility of Evidence - General Rule
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Verbal or operative acts and State of Mind
Admissibility of Evidence - Exceptions to the Rule against Hearsay - State of Mind
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Present Sense Impression and Excited Utterance/Spontaneous Declaration
Admissibility of Evidence - Exceptions to the Rule Against Hearsay - Not Necessary to Lay Foundation For Admission of Certified Non-Party Business Records Produced Pursuant to Subpoena - CPLR 3122-a.
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Expressions of Intent
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Evidence of Abuse or Neglect in Custody and Child Protective Proceedings
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Former Testimony
Admissibility of Evidence - Presumption that Only Admissible Evidence Was Considered By the Trial Court.
Admissibility of Evidence - Admissions and Letters by Party’s Attorney Admissible in Evidence
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Laying a Foundation for and Questions for Offering Business Records into Evidence
Admissibility of Evidence - Exceptions to the Rule against Hearsay Applicable in Matrimonial Case
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Admission of New Spouse
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Past recollection recorded
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Business Records
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Admissions
Admissibility of Evidence - Exceptions to the Rule Against Hearsay - Business Records - Admission of Hospital bills and Records, Records and Reports of Genetic Marker or DNA tests, and Payment Records
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Admission of Certified Hospital, Library, and Government Records.
Admissibility of Evidence - Exceptions to the Rule Against Hearsay - Admission of Business Records - Other Certification Substitutes for Foundation Testimony.
Admissibility of Evidence - Exceptions to the Rule Against Hearsay - Admissibility of Medical Reports - Not admissible As Business Records Where They Contain Doctor's Opinion or Expert Proof
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Laying a Foundation for Admission of Business Records and Records of Municipality into Evidence - Summary of Rule
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Questions for Laying a Foundation for and Offering Business and Municipality Records into Evidence
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
Admissibility of Evidence - Exceptions to the Rule against Hearsay - Business Records Rule - Business Duty
Admissibility of Evidence - Results of Lie Detector Test Inadmissible
Admissibility of Evidence - Privilege - Testimony of One Spouse against the Other. - Action founded Upon Adultery - In General
Admissibility of Evidence - Expert Report Inadmissible Without Consent
Admissibility of Evidence - Privilege - Testimony of One Spouse against the Other- Action Founded Upon Adultery - As to Non-access
Admissibility of Evidence - Privilege - Testimony of One Spouse Against the Other – Actions for Divorce, Separation or Annulment - Confidential Communications.
Admissibility of Evidence - Privilege - Testimony of One Spouse against the Other - Confidential Communications - Waiver
Admissibility of Evidence - Privilege - Confidential Communications - Waiver
Admissibility of Evidence - Privilege - Testimony of One Spouse for the Other - Action founded Upon Adultery
Admissibility of Evidence - Privilege - Confessions and Admissions - Action Founded Upon Adultery
Admissibility of Evidence - Privilege - Conduct Prior to Marriage - Action Founded Upon Adultery.
Admissibility of Evidence - Privilege - Attorney - Client Privilege - Civil Practice Law and Rules § 4501.
Admissibility of Evidence - Privilege - Psychologist - Patient Privilege - Civil Practice Law and Rules § 4507.
Admissibility of Evidence - Privilege - Physician, dentist, podiatrist, chiropractor and nurse Privilege - Civil Practice Law and Rules § 4507.
Admissibility of Evidence - Privilege - Clergy - Penitent Privilege - Civil Practice Law and Rules § 4505.
Admissibility of Evidence - Privilege - Social worker - Patient Privilege - Civil Practice Law and Rules § 4508(a).
Admissibility of Evidence - Privilege - Rape crisis counselor - client Privilege - Civil Practice Law and Rules § 4510.
Admissibility of Evidence - Practice Point - Privilege - Confidential Communications
Admissibility of Evidence - Privilege - Fifth Amendment Privilege against Self-Incrimination
Admissibility of Evidence - Privilege - Method of Making Objection to Question on Fifth Amendment Grounds
Admissibility of Evidence - Privilege - Adverse Inference from Failure of Party to Testify and Failure to Call Favorable Witness - Missing Witness Rule in Civil Case
Admissibility of Evidence - Privilege - New York Privilege against Self-incrimination - Civil Practice Law and Rules §4501.
Admissibility of Evidence - Privilege - Electronic Communication of Privileged Communications - Civil Practice Law and Rules § 4548
Admissibility of Evidence - Evidence Illegally Obtained. – Unlawful Entry, Search and Seizure and Electronic Surveillance of Family Conversations – Exceptions for Custody and Article 10 Cases
Admissibility of Evidence - Suppression of Illegally Obtained Eavesdropping Evidence - Civil Practice Law and Rules § 4506(a) - Vicarious Consent for Child
Admissibility of Evidence - Authentication of Instant Message
Admissibility of Evidence - Motion to Suppress Illegally Obtained Eavesdropping Evidence under CPLR § 4506
Admissibility of Evidence - Illegal Interception of Electronic Evidence - Electronic Evidence Defined
Admissibility of Evidence - Admissibility of Audio and Visual Recordings - Foundation for Admission of Recordings
Admissibility of Evidence - Social Networking Sites
Admissibility of Evidence - Admissibility of Electronic Evidence
Admissibility of Evidence - Authentication of Text Message and Questions for Introduction into Evidence
Admissibility of Evidence - Evidence Obtained By Spyware - CPLR 4506
Admissibility of Evidence - Admissibility of Audio and Visual Recordings
Admissibility of Evidence - Authentication of Blogs and Websites
Admissibility of Evidence - Questions for Laying Foundation for Admission of Recorded telephone call into Evidence
Admissibility of Evidence - Authentication of email and Questions for Introduction
Admissibility of Evidence - Questions for Laying Foundation for Admission of Transcript of Sound Recorded telephone call into Evidence
Admissibility of Evidence - Best evidence rule
Admissibility of Evidence - Parol Evidence Rule
Admissibility of Evidence - Inadmissibility of Evidence Protected by the Health Insurance Portability and Accountability Act
Admissibility of Evidence - Authentication of Foreign Records and Documents for Use at Trial
Admissibility of Evidence - Spoliation - Unfavorable Inference - Preclusion
Admissibility of Evidence - Admissibility of Foreign Language Exhibits and Affidavits and Papers
Admissibility of Evidence - Authentication of official record of court or government office in the United States
Admissibility of Evidence - Settlement Offers Not Admissible
Questions to Lay Foundation for Introduction of text message into evidence
Questions to Lay Foundation for Introduction of email into evidence
Opinion Evidence
Opinion Evidence – Qualification of Expert and Weight of Testimony
Opinion Evidence - Opinion of Ordinary Witness as to ownership, intent, belief and value of property or services.
Opinion Evidence - Admissibility of Expert Testimony - Basis for Admission of Expert Opinion
Opinion Evidence - Form of expert opinion
Opinion Evidence - Cross Examination of Expert Witnesses - Impeaching the Expert
Opinion Evidence
Opinion Evidence - Impeaching Your Own Expert Witness.
Opinion Evidence and Need for Expert Opinion
Opinion Evidence - Expert Cannot Be Compelled to Testify
Practice Point - Admissibility of Charts and Summaries Counsel may be permitted to use charts to summarize documents already in evidence where the charts are based solely on information already in evidence. A foundation must be laid, demonstrating that
Practice Point – Testimony about Out of Court Statements Made by Third Party.
Practice Point - Effect of the Failure of a Party to Deny or Contradict Evidence or Pleadings
Practice Point - No Client - Expert Privilege.
Practice Point - Trial Evidence not Limited by Scope of Pretrial Disclosure
Practice Point - Effect of withholding Evidence in Your Possession, or Failure to Call a Witness
Custody Proceedings
Direct Examination of Party - Prima Facie Custody Case
Custody Proceedings - Evidence - Investigations
Custody Proceedings - Evidence -Admissibility of Hearsay
Custody Proceedings – Evidence - In-camera and Lincoln interviews
Custody Proceedings – Evidence - Confidential communications - Waiver in Custody Cases
Custody Proceedings - Evidence - Child as a Witness
Custody Proceedings - Evidence - Child Permitted to Assert Psychologist - Patient Privilege
Custody Proceedings - Evidence - Admissibility of child abuse reports
Custody Proceedings - Evidence - Use of Experts, Evaluations, and Reports
Contact us
Who we are
Return to The Law Firm of Joel R. Brandes, PC website
