JOEL R. BRANDES CONSULTING SERVICES, INC.
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    • New York Matrimonial Trial Handbook 2022 Update Pdf Edition
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  • Conduct of Trial
    • Order of Trial - In General
    • Order of Trial - Opening and Closing statements: When and how to make them
    • Order of Trial - Motion to Dismiss After Opening Statementage
    • Conduct of Trial - Right to Cross-Examination of Witness
    • Conduct of Trial - Right to Call Witnesses for Direct Examination
    • Conduct of Trial - Scope of Cross-Examination - Making Adverse Witness Own Witness
    • Conduct of Trial - Redirect Examination
    • ​Conduct of Trial - Redirect Examination - Rule of Completeness
    • Conduct of Trial - Re-Cross Examination of Witness
    • Conduct of Trial - Motion to Dismiss for failure to establish a Prima Facie Case
    • Conduct of Trial - Courtroom Decorum for Counsel and Court - Addressing the Judge - Approaching the Bench
    • Conduct of Trial - Calling a Witness to the Stand to Testify
    • 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 - 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
    • Trial Testimony - Right to Confer with Counsel
    • Trial Testimony - Right to Interpreter for Person Who Can Not Communicate with Court
    • 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 - Cross-Examination - Impeachment Limited by Collateral Evidence Rule
    • Trial Testimony - Cross Examination - Impeachment - Reputation for Veracity
    • 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 - Testimony of Child
    • Trial Testimony- Cross - Examination – Inadmissibility of Proof of Prior Arrest, Indictment or Conviction for Petty Crime
    • 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 - Impeaching own Witness
    • Trial Testimony - Prior Testimony - Use of Depositions at Trial or Hearing
    • Trial Testimony - Prior Testimony - Use of Deposition from Prior Action
    • Trial Testimony - Prior Testimony - Effect of using deposition.
    • ​Trial Testimony - Prior Testimony - Use of Deposition Subject to Rules of Evidence
    • Trial Testimony - Prior Testimony - Questions for Impeaching Witness on Cross Examination by Prior Deposition Testimony
    • Trial Testimony - Prior Testimony - Use of Answers to Interrogatories
    • Trial Testimony - Prior Testimony - Use of Answers to Interrogatories from Prior Action
    • Trial Testimony - Prior Testimony - Effect of using 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
    • Trial Testimony - Prior Testimony - Questions for Impeaching Witness on Cross Examination by Prior Testimony
    • Trial Testimony - Method of Marking Documents as Exhibits for Identification and Offering them into Evidence
    • Trial Testimony - Method of Offering Exhibit Marked for Identification into Evidence - Standard Questions
  • Rules of Evidence in Matrimonial Actions
    • Rules of Evidence - In General
    • Evidence and Proof - Competent and Material
    • ​Admissibility of Evidence - General Rule
    • Burden of Proof - Standards of Proof
    • 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 - Fundamental Error and Harmless Error
    • 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 - Settlement Offers Not Admissible
    • Admissibility of Evidence - Admissions and Letters by Party’s Attorney Admissible in Evidence
    • Admissibility of Evidence - Presumption that Only Admissible Evidence Was Considered By the Trial Court.
    • Admissibility of Evidence – Rule against Hearsay
    • Admissibility of Evidence - Exceptions to the Rule against Hearsay Applicable in Matrimonial Case
    • 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 - Exceptions to the Rule against Hearsay - Admissions
    • 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 - Laying a Foundation for and Questions for Offering Business Records into Evidence
    • 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 - Motion to Suppress Illegally Obtained Eavesdropping Evidence under CPLR § 4506
    • Admissibility of Evidence - Illegal Interception of Electronic Evidence - Electronic Evidence Defined
    • Admissibility of Evidence - Social Networking Sites
    • Admissibility of Evidence - Admissibility of Electronic Evidence
    • Admissibility of Evidence - Authentication of Instant Message
    • Admissibility of Evidence - Authentication of Text Message and Questions for Introduction into Evidence
    • Questions to Lay Foundation for Introduction of text message into evidence
    • Admissibility of Evidence - Authentication of Blogs and Websites
    • Admissibility of Evidence - Authentication of email and Questions for Introduction
    • Questions to Lay Foundation for Introduction of email into evidence
    • Admissibility of Evidence - Evidence Obtained By Spyware - CPLR 4506
    • Admissibility of Evidence - Admissibility of Audio and Visual Recordings
    • Admissibility of Evidence - Admissibility of Audio and Visual Recordings - Foundation for Admission of Recordings
    • Admissibility of Evidence - Questions for Laying Foundation for Admission of Recorded telephone call into Evidence
    • 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 - Authentication of Foreign Records and Documents for Use at Trial
    • Admissibility of Evidence - Spoliation - Unfavorable Inference - Preclusion
    • Admissibility of Evidence - Inadmissibility of Evidence Protected by the Health Insurance Portability and Accountability Act
    • 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
    • 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 - No Client - Expert Privilege.
    • Practice Point - Trial Evidence not Limited by Scope of Pretrial Disclosure
    • Practice Point - Effect of the Failure of a Party to Deny or Contradict Evidence or Pleadings
    • Practice Point - Effect of withholding Evidence in Your Possession, or Failure to Call a Witness
  • Opinion Evidence
    • Opinion Evidence and Need for Expert Opinion
    • Opinion Evidence - Form of expert opinion
    • Opinion Evidence - Admissibility of Expert Testimony - Basis for Admission of Expert Opinion
    • Opinion Evidence - Impeaching Your Own Expert Witness.
    • Opinion Evidence - Opinion of Ordinary Witness as to ownership, intent, belief and value of property or services.
    • Opinion Evidence - Cross Examination of Expert Witnesses - Impeaching the Expert
    • Opinion Evidence
    • Opinion Evidence – Qualification of Expert and Weight of Testimony
    • Opinion Evidence - Expert Cannot Be Compelled to Testify
  • Custody Proceedings - Rules of Evidence
    • Custody Proceedings - Evidence - Admissibility of Hearsay
    • Custody Proceedings - Evidence - Use of Experts, Evaluations, and Reports
    • Custody Proceedings - Evidence - Investigations
    • Custody Proceedings – Evidence - In-camera and Lincoln interviews
    • Custody Proceedings – Evidence - Confidential communications - Waiver in Custody Cases
    • Custody Proceedings - Evidence - Child Permitted to Assert Psychologist - Patient Privilege
    • Custody Proceedings - Evidence - Admissibility of child abuse reports
    • Custody Proceedings - Evidence - Child as a Witness
  • Questions for the Examination of Witnesses
    • Questions for Placing Stipulation on the Record and Allocution
    • Questions for prima facie economic case - Direct Examination of Client – General Questions
    • Questions for Prima Facie Custody Case -Direct Examination of Party
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Table of Contents of Questions for Examination of Party or Witness
             
4-8. Direct Examination - Allocution - Questions with regard to Agreement or Stipulation     153
4-9. Direct Examination of Spouse - Questions to Establish Living Together after Signing Separation Agreement          154
4-10. Direct Examination of Spouse - Questions to Establish Reconciliation after Signing Separation Agreement          154
4-11.Direct Examination of Spouse - Questions to Establish to Establish Merger or Survival of Agreement into Divorce Judgment            155
 
Chapter 9.  Direct Examination of Party or Witness - Questions to Establish a Prima Facie Case for a Divorce      201
 
9-1. Direct  Examination of Party - Questions to Establish A Prima Facie Case for a Divorce - Cruel and Inhuman Treatment - Domestic Relations Law § 170(1)            201
9-2. Direct Examination of Party - Questions to Establish a Prima Facie Case for Divorce -Abandonment  -  Domestic Relations Law § 170(2)      202
9-3.  Direct Examination of Party - Questions to Establish A Prima Facie Case for a Divorce - Abandonment - Constructive - Refusal to Have Sexual Relations- Domestic Relations Law §170(2)    203
9-4.  Direct Examination of Party - Questions to Establish A Prima Facie Case for a Divorce - Confinement to Prison for Three Years - Domestic Relations Law §170(3)            204
9-5. Direct Examination of Party - Questions to Establish A Prima Facie Case for a Divorce - Adultery - Domestic Relations Law §170(4)         205
9-6. Questions to Private Investigator - Action for Divorce Based on Adultery            206
9-7. Questions to Nonparty Witness - Action for Divorce Based on Adultery  206
9-8. Direct Examination of Party - Questions to Establish A Prima Facie Case for a Divorce - Living apart Pursuant to a Judgment of Separation  for More than one year- Domestic Relations Law § 170(5) 208
9-9.Direct Examination of Party - Questions to Establish A Prima Facie Case for a Divorce - Living apart Pursuant to an Agreement of Separation  for More than one year- Domestic Relations Law § 170(6)          209
9-10. Questions for Examination of Witness to Offer Agreement into Evidence            210
9-11.  Direct  Examination of Party - Questions to Establish A Prima Facie Case for a
 
 
Chapter 11.  Direct Examination of Party or Witness - Questions to Establish a Prima Facie Case for Separation, Annulment, and Declaration of Nullity         223
 
11-1.   Direct Examination of a Party - Questions to Establish a Prima Facie Case - Action for Separation - Actual Abandonment - Domestic Relations Law §200(2)            223
11-2.  Direct Examination of a party - Questions to Establish a Prima Facie Case - Action for Separation - Constructive Abandonment [Lock out] - Domestic Relations Law §200(2)          223
11-3.  Direct Examination Of Party - Questions to Establish A Prima Facie Case for a Separation - Abandonment - Constructive - Domestic Relations Law § 200(2)  224
11-4. Direct Examination of a Party - Questions to Establish a Prima Facie Case - Action for Separation - Non-Support - Domestic Relations Law §200(3)        225
11-6.  Direct Examination of Party - Questions to Establish a Prima Facie Case - Action for Annulment - Declaration of Nullity of Void Marriage - Annulment of Bigamous Marriage - Domestic Relations Law §140(a)   227
11-7.  Direct Examination of Plaintiff - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Party under Age of Consent - Domestic Relations Law §140(b)  229
11-9. Direct Examination of Party - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Consent By Force, Duress or Fraud - Fraud - Domestic Relations Law §140(e)  231
11-10.  Direct Examination of Party - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Consent By Force, Duress or Fraud - Fraud - Misrepresentation as to having children - Domestic Relations Law §140(e)   232
11-11.   Direct Examination of Witness - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Consent By Force, Duress or Fraud - Fraud - Misrepresentation as to having children - Domestic Relations Law §140(e)   234
11-12. Direct Examination of Party - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Consent By Force, Duress or Fraud - Fraud Misrepresentation of Paternity of a Child - Domestic Relations Law §140(e)   235
11-13. Direct Examination of Party - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage  - Consent By Force, Duress or Fraud - Force or Duress - Domestic Relations Law §140(e)        237
11-14. Direct Examination of Party - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Incurable Mental Illness for Five Years - Domestic Relations Law §140(f)    238
 
Chapter 12. Direct Examination of Client – General Questions to Establish a Prima Facie Economic Case           24
 
12-1. Introductory Note, Requirement of Personal Knowledge and Background Information    240
12-2. Prior Marriages (Self)  242
12-3. History of Marriage (Self)       242
12-4. Children (Self)  243
12-5. Health, Education, Skills, Needs       244
12-6. Current residence (Self)         244
12-7. Assets (Self)     245
12-8. Business or Profession (Self)            249
12-9. Safe Deposit Box         250
22-10. Collections (Self)       250
12-11. Other Ventures (Self)            251
12-12. Other Assets (Self)    251
12-13. Assets (Spouse)        251
12-14. Business or Profession (Spouse)   256
12-15. Safe Deposit Box (Spouse)  257
12-16. Collections (Spouse) 257
12-17. Other Ventures (Spouse)      257
12-18. Other Assets (Spouse)         258
12-19. Marital Residence      258
12-20. Gross Income (Self)  258
12-21. Employment Benefits (Self) 259
12-22. Employment Contract/deferred Compensation (Self)      260
12-23. Other Income (Self)   260
12-24. Other Sources of Income     261
12-25. Royalty Income (Self)            261
12-26.   Legal Settlements (Self)     262
12-27. Gambling, Award, Prize Income (Self)        262
12-28. Trusts (Self)   262
12-29. Guardian (Self)           262
12-30. Gross Income (Spouse)        263
12-31. Employment Benefits (Spouse)       263
12-32. Employment Contract/deferred Compensation (Spouse)            264
12-33. Other Income (Spouse)         264
12-34. Other Sources of Income (Spouse) 265
12-35. Royalty Income (Spouse)     266
12-36. Legal Settlements (Spouse) 266
12-37. Gambling, Award, Prize Income (Spouse) 266
12-38. Trusts (Spouse)         266
12-39. Guardian (Spouse)    267
12-40. Separate Property (Self)       267
12-41. Pre-separation Standard of Living  274
12-42. Contributions to Support (Self)       277
12-43. Liabilities (Self)          277
12-44. Accounts Payable (Self)       278
12-45. Notes Payable (Self)  278
12-46. Installment Accounts Payable (Security Agreements, Chattel Mortgages) (Self)   278
12-47. Brokers Margin Accounts (Self)      278
12-48. Mortgages Payable on Real Estate (Self)   279
12-49. Taxes Payable (Self) 279
12-50. Loans on Life Insurance Policies (Self)      279
12-51. Other Liabilities (Self)           280
12-52. Wage Deduction        280
12-53. Expenses        280
12-54. Contributions to Marital Property (Self)     283
12-55. Assets Transferred (Self)     284
12-56. Assets Transferred (Spouse)           284
12-57. Efforts to Obtain Employment (Self)           284
12-58. Interim Support Arrears and Violation of Automatic Orders (Self)         284
12-59. Need to Reside in Marital Home (Self)        288
12-60. Need for Education or Training and Plans for Future (Self)        288
12-61. Need for Childcare (Self)      288
12-62. Need for Nursery School, Private School, Religious School, College (Self)   288
12-63. Support Requests (Self)       289
12-64. Camp, Teen Tour, Summer Activities (Self):         289
12-65. Health Care for Child Not Covered by Insurance and Cash Medical Support (Self)            292
12-66. Counsel Fee Requirements (Self)   295
12-67. Accountant, Appraisal and Expert Fees (Self)      296
 
Chapter 13.  Equitable Distribution Factors - Questions for Prima Facie Case            298
 
13-1. The Fourteen Equitable Distribution Factors - In General 298
13-2. The Fourteen Equitable Distribution Factors - Questions for Direct Examination of Client           298
 
Chapter 14.  Cross - Examination of Spouse        305
 
14-1. Cross - Examination of Spouse Regarding Net Worth Affidavit   305
14-2. Questions for Cross Examination of Spouse - Does not remember         330
14-3. Questions for Cross Examination of Spouse - Gross Income       330
14-4. Questions for Cross Examination of Spouse - Expenses paid by Employer            332
14-5. Questions for Cross Examination of Spouse - Reimbursement by employer        334
14-6. Questions for Cross Examination of Spouse - Reimbursement by employer        334
14-7. Questions for Cross Examination of Spouse - Money for expenses, Breadwinner, Monied Spouse         336
14-8. Questions for Cross Examination of Spouse - Capital loss carry over    336
Chapter 15.  Maintenance    339
 
Chapter 16.  Post - Divorce Maintenance Awards - Domestic Relations Law § 236[B] [6] - Questions for Prima Facie Case         381
 
16-1. Direct Examination of client - Questions to Establish Prima Facie Case for Maintenance - Actions commenced on or after October 12, 2010 until January 23, 2016.         381
16-2. Direct Examination of client in actions commenced on or after October 12, 2010, until January 23, 2016 - Gross Income and Additions       382
16-3. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - Self-employment Deductions      383
16-4. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - Imputed income     383
16-5. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - Reduced resources or income    384
16-6. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - Deductions from income  385
16-7. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - Standard of living of the parties established during the marriage  386
16-8. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - The Twenty Factors for Maintenance     389
16-9. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - Effect of a barrier to remarriage - Domestic Relations Law §253 (6).        398
16-10. Post-divorce Maintenance Guidelines Awards. - Questions to Establish Prima Facie Case for Maintenance - Actions commenced on or after January 23, 2016 - In General             398
16-11. Direct Examination of Client - Actions commenced on or after January 23, 2016 - Gross Income and Additions     398
16-12. Direct Examination of Client - Actions commenced on or after January 23, 2016 -Self-employment Deductions     400
16-13. Direct Examination of Client - Actions commenced on or after January 23, 2016 -Imputed income    401
16-14. Direct Examination of Client - Actions commenced on or after January 23, 2016 -Reduced resources or income   402
16-15. Direct Examination of Client - Actions commenced on or after January 23, 2016 -Deductions from income 402
16-16. Direct Examination of Client - Actions commenced on or after January 23, 2016 - Post - divorce Maintenance Guideline Amount Calculation  404
16-17. Direct Examination of Client - Actions commenced on or after January 23, 2016 - Post - divorce Maintenance Guideline Obligation – Questions for Anticipated retirement         417
16-19. Direct Examination of Client - Actions commenced on or after January 23, 2016 - Self-Support Reserve      418
16-20. Direct Examination of Client - Actions commenced on or after January 23, 2016 - Effect of a barrier to remarriage - Domestic Relations Law §253 (6)             419
 
Chapter 17.  Examination of Employment Recruiter        420
 
17-1. Direct Examination of Employment Recruiter         420
 
Chapter 18. Examination of Employer       422
 
18-1. Direct Examination of Employer – Compensation and Bonus      422
18-2. Direct Examination of Employer - Stock Options   424
18-3. Direct Examination of Employer - Profit Sharing or Pension Plan           427
18-4. Direct Examination of Employer - Deferred Compensation Plan  431
18-5. Direct Examination of Employer - Reimbursement for Business Expenses, Credit Card Use, and Air Miles        431
18-6. Direct Examination of Employer - Accumulated Sick Days           433
18-7. Direct Examination of Employer - Accumulated Vacation Days   434
18-8. Direct Examination of Employer - Investment or Savings Plan    435
18-9. Direct Examination of Employer - Medical and Other Benefits     436
 
Chapter 20.  Child Support - Domestic Relations Law §240 (1-b) - Questions for Prima Facie Case      464
 
20-1. Child Support - In General      464
20-2. Direct Examination of Client - Gross Income and Additional Income      465
20-3. Direct Examination of Client - Self-employment Deductions        467
20-4. Direct Examination of Client - Imputed income       467
20-5. Direct Examination of Client - Reduced resources or income      468
20-6. Direct Examination of Client - Deductions from income    469
20-7. Direct Examination of Client - Non-recurring payments from Extraordinary Sources          470
20-8. Basic Child Support Obligation - Unjust or Inappropriate - In General    472
20-9. Direct Examination of Client - Unjust or Inappropriate Factors    472
20-10. Direct Examination of Client - Add-on for Child Care for work or education that will lead to employment     476
20-11. Direct Examination of Client - Add-on for Cost of Childcare for seeking work   476
20-12. Direct Examination of Client - Add-on for Cost of Post-secondary, private, special or enriched education.      477
20-13. Direct Examination of Client - Add-on for Health Care Not Covered by Insurance and Cash Medical Support        478
20-14. Direct Examination of Client – Self-Support Reserve       483
 
Chapter 22.  Exclusive Occupancy of the Martial Residence - Questions for Prima Facie Case      488
 
22-1. Direct Examination of Client            This chapter contains questions which supplement the general questions to establish a prima facie economic case in chapter
 
Chapter 24. Counsel Fee Awards - Questions for Prima Facie Case     502
24-1. Direct Examination of Trial Counsel 502
24-2. Direct Examination of Law Firm Bookkeeper          509
 
Chapter 34.  Examination of Real Estate Appraiser         619
 
34-1. Direct Examination - Qualification as Expert           619
34-2. Direct Examination of Real Estate Appraiser - Valuation of Real Estate 620
34-3. Direct Examination of Real Estate Appraiser - Annotated 623
34-4. Cross-Examination of Real Estate Appraiser          626
 
Chapter 35. Examination of Accountant - Valuation of Close Corporation       630
 
35-1. Direct Examination of Accountant - Qualification as Expert         630
35-2. Direct Examination - Valuation of Corporation        631
 
Chapter 36 Examination of Pension Expert          635
 
36-1. Direct Examination - Qualification as Expert           635
36-2. Direct Examination - Valuation of Pension  636
 
Chapter 40.  Direct Examination of Party - Prima Facie Custody Case 689
 
40-1. Custody Jurisdiction   689
40-2. Children            691
40-3. History  692
40-4. Upbringing of child     692
40-5. Living accommodations         694
40-6. Employment     694
40-7. School   694
40-8. Grandparents and relatives    695
40-9. Typical day       695
40-10. Child’s friends           696
40-11. Religion, drug and medical  696
40-12. Daycare, babysitter   696
40-13. Other relationships   696
40-14. Interim background and pendente lite order and visitation         697
40-15. Inappropriate behavior/domestic violence 698
40-16. Love your child          698
 
Chapter 41.  Examination of Psychiatrist and Psychologist       699
 
41-1. Direct Examination of Psychiatrist - Qualification as Expert         699
41-2. Direct Examination of Psychologist - Qualification as Expert       702
41-3. Questions for Direct Examination of Psychiatrist Appointed By Court   705
41-4. Questions for Direct Examination of Court Appointed Psychologist       708
 
Chapter 42. Cross examination of Psychiatrist and Psychologist         711
 
42-1. Questions for Cross Examination of Psychiatrist or Psychologist          711
42-2. Cross Examination of Court Appointed Psychiatrist Who Recommends Custody to Father     716
42-2 Cross Examination of Court Appointed Psychiatrist or Psychologist Regarding MMPI-2 Testing  726
42-3 Cross Examination of Psychologist - Failure to Follow APA Guidelines  732
Chapter 43.  Redirect Examination of Psychiatrist           735
43-1 Redirect Examination of Court appointed psychiatrist       735
43-2   Redirect Examination of Psychiatrist for Mother   735
 
 
 

​

​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. 
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.

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    • New York Matrimonial Trial Handbook
    • New York Matrimonial Trial Handbook 2022 Update Pdf Edition
    • Books about Divorce and Family Law
  • Conduct of Trial
    • Order of Trial - In General
    • Order of Trial - Opening and Closing statements: When and how to make them
    • Order of Trial - Motion to Dismiss After Opening Statementage
    • Conduct of Trial - Right to Cross-Examination of Witness
    • Conduct of Trial - Right to Call Witnesses for Direct Examination
    • Conduct of Trial - Scope of Cross-Examination - Making Adverse Witness Own Witness
    • Conduct of Trial - Redirect Examination
    • ​Conduct of Trial - Redirect Examination - Rule of Completeness
    • Conduct of Trial - Re-Cross Examination of Witness
    • Conduct of Trial - Motion to Dismiss for failure to establish a Prima Facie Case
    • Conduct of Trial - Courtroom Decorum for Counsel and Court - Addressing the Judge - Approaching the Bench
    • Conduct of Trial - Calling a Witness to the Stand to Testify
    • 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 - 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
    • Trial Testimony - Right to Confer with Counsel
    • Trial Testimony - Right to Interpreter for Person Who Can Not Communicate with Court
    • 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 - Cross-Examination - Impeachment Limited by Collateral Evidence Rule
    • Trial Testimony - Cross Examination - Impeachment - Reputation for Veracity
    • 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 - Testimony of Child
    • Trial Testimony- Cross - Examination – Inadmissibility of Proof of Prior Arrest, Indictment or Conviction for Petty Crime
    • 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 - Impeaching own Witness
    • Trial Testimony - Prior Testimony - Use of Depositions at Trial or Hearing
    • Trial Testimony - Prior Testimony - Use of Deposition from Prior Action
    • Trial Testimony - Prior Testimony - Effect of using deposition.
    • ​Trial Testimony - Prior Testimony - Use of Deposition Subject to Rules of Evidence
    • Trial Testimony - Prior Testimony - Questions for Impeaching Witness on Cross Examination by Prior Deposition Testimony
    • Trial Testimony - Prior Testimony - Use of Answers to Interrogatories
    • Trial Testimony - Prior Testimony - Use of Answers to Interrogatories from Prior Action
    • Trial Testimony - Prior Testimony - Effect of using 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
    • Trial Testimony - Prior Testimony - Questions for Impeaching Witness on Cross Examination by Prior Testimony
    • Trial Testimony - Method of Marking Documents as Exhibits for Identification and Offering them into Evidence
    • Trial Testimony - Method of Offering Exhibit Marked for Identification into Evidence - Standard Questions
  • Rules of Evidence in Matrimonial Actions
    • Rules of Evidence - In General
    • Evidence and Proof - Competent and Material
    • ​Admissibility of Evidence - General Rule
    • Burden of Proof - Standards of Proof
    • 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 - Fundamental Error and Harmless Error
    • 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 - Settlement Offers Not Admissible
    • Admissibility of Evidence - Admissions and Letters by Party’s Attorney Admissible in Evidence
    • Admissibility of Evidence - Presumption that Only Admissible Evidence Was Considered By the Trial Court.
    • Admissibility of Evidence – Rule against Hearsay
    • Admissibility of Evidence - Exceptions to the Rule against Hearsay Applicable in Matrimonial Case
    • 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 - Exceptions to the Rule against Hearsay - Admissions
    • 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 - Laying a Foundation for and Questions for Offering Business Records into Evidence
    • 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 - Motion to Suppress Illegally Obtained Eavesdropping Evidence under CPLR § 4506
    • Admissibility of Evidence - Illegal Interception of Electronic Evidence - Electronic Evidence Defined
    • Admissibility of Evidence - Social Networking Sites
    • Admissibility of Evidence - Admissibility of Electronic Evidence
    • Admissibility of Evidence - Authentication of Instant Message
    • Admissibility of Evidence - Authentication of Text Message and Questions for Introduction into Evidence
    • Questions to Lay Foundation for Introduction of text message into evidence
    • Admissibility of Evidence - Authentication of Blogs and Websites
    • Admissibility of Evidence - Authentication of email and Questions for Introduction
    • Questions to Lay Foundation for Introduction of email into evidence
    • Admissibility of Evidence - Evidence Obtained By Spyware - CPLR 4506
    • Admissibility of Evidence - Admissibility of Audio and Visual Recordings
    • Admissibility of Evidence - Admissibility of Audio and Visual Recordings - Foundation for Admission of Recordings
    • Admissibility of Evidence - Questions for Laying Foundation for Admission of Recorded telephone call into Evidence
    • 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 - Authentication of Foreign Records and Documents for Use at Trial
    • Admissibility of Evidence - Spoliation - Unfavorable Inference - Preclusion
    • Admissibility of Evidence - Inadmissibility of Evidence Protected by the Health Insurance Portability and Accountability Act
    • 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
    • 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 - No Client - Expert Privilege.
    • Practice Point - Trial Evidence not Limited by Scope of Pretrial Disclosure
    • Practice Point - Effect of the Failure of a Party to Deny or Contradict Evidence or Pleadings
    • Practice Point - Effect of withholding Evidence in Your Possession, or Failure to Call a Witness
  • Opinion Evidence
    • Opinion Evidence and Need for Expert Opinion
    • Opinion Evidence - Form of expert opinion
    • Opinion Evidence - Admissibility of Expert Testimony - Basis for Admission of Expert Opinion
    • Opinion Evidence - Impeaching Your Own Expert Witness.
    • Opinion Evidence - Opinion of Ordinary Witness as to ownership, intent, belief and value of property or services.
    • Opinion Evidence - Cross Examination of Expert Witnesses - Impeaching the Expert
    • Opinion Evidence
    • Opinion Evidence – Qualification of Expert and Weight of Testimony
    • Opinion Evidence - Expert Cannot Be Compelled to Testify
  • Custody Proceedings - Rules of Evidence
    • Custody Proceedings - Evidence - Admissibility of Hearsay
    • Custody Proceedings - Evidence - Use of Experts, Evaluations, and Reports
    • Custody Proceedings - Evidence - Investigations
    • Custody Proceedings – Evidence - In-camera and Lincoln interviews
    • Custody Proceedings – Evidence - Confidential communications - Waiver in Custody Cases
    • Custody Proceedings - Evidence - Child Permitted to Assert Psychologist - Patient Privilege
    • Custody Proceedings - Evidence - Admissibility of child abuse reports
    • Custody Proceedings - Evidence - Child as a Witness
  • Questions for the Examination of Witnesses
    • Questions for Placing Stipulation on the Record and Allocution
    • Questions for prima facie economic case - Direct Examination of Client – General Questions
    • Questions for Prima Facie Custody Case -Direct Examination of Party
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