Rules of Evidence - In General
The rules of evidence are designed to provide a framework for the determination of disputed facts at trial. "The law of evidence is the system of rules and standards regulating the admission of proof at the trial of a lawsuit."[1] Evidence itself is the information that the fact-finder may properly rely upon in deciding a disputed issue of fact. [2] The statements of the attorneys are not evidence. [3]
[1] 1 McCormick on Evidence (5th Ed.) p 2 § 1.
[2] Dibble v. Dimick, 143 N.Y. 549, 554, 38 N.E. 724, 725 (1894) (evidence is the means by which an alleged matter of fact, the truth of which is in issue, is established or disproved)
[3] People v. Sullivan, 160 A.D.2d 161, 163-64, 559 N.Y.S.2d 881, 882-83 (1st Dep't) (statements of counsel not evidence); People v. Musmacher, 133 A.D.2d 352, 353, 519 N.Y.S.2d 253, 253 (2d Dep't) (opening statement not evidence); Mertsaris v. 73rd Corp., 105 A.D.2d 67, 78, 482 N.Y.S.2d 792, 799 (2d Dep't 1984) (summations are not evidence).
The rules of evidence are designed to provide a framework for the determination of disputed facts at trial. "The law of evidence is the system of rules and standards regulating the admission of proof at the trial of a lawsuit."[1] Evidence itself is the information that the fact-finder may properly rely upon in deciding a disputed issue of fact. [2] The statements of the attorneys are not evidence. [3]
[1] 1 McCormick on Evidence (5th Ed.) p 2 § 1.
[2] Dibble v. Dimick, 143 N.Y. 549, 554, 38 N.E. 724, 725 (1894) (evidence is the means by which an alleged matter of fact, the truth of which is in issue, is established or disproved)
[3] People v. Sullivan, 160 A.D.2d 161, 163-64, 559 N.Y.S.2d 881, 882-83 (1st Dep't) (statements of counsel not evidence); People v. Musmacher, 133 A.D.2d 352, 353, 519 N.Y.S.2d 253, 253 (2d Dep't) (opening statement not evidence); Mertsaris v. 73rd Corp., 105 A.D.2d 67, 78, 482 N.Y.S.2d 792, 799 (2d Dep't 1984) (summations are not evidence).
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.
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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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