Trial Testimony - Prior Testimony - Use of Answers to interrogatories Subject to Rules of Evidence
Civil Practice Law and Rules 3117 (a) (2) does not establish an absolute right
on the part of the offeror to use answers to interrogatories at any time during the presentation of the case, subject only to the exclusion of repetitious matter. Answers to interrogatories are subject to ordinary rules of trial practice. The discretionary power of the trial court controls the use of answers to interrogatories. In exercising its discretion, the trial court may not act arbitrarily or deprive a litigant of a full opportunity to present his case.[1]
If only part of the answers to interrogatories is read at the trial by a party, the adverse party may read any other part of the answers to interrogatories which ought in fairness to be considered in connection with the part that was read.
[1] See Feldsberg v Nitschke, 49 N.Y.2d 636, 404 N.E.2d 1293, 427 N.Y.S.2d 751 (1980)
Civil Practice Law and Rules 3117 (a) (2) does not establish an absolute right
on the part of the offeror to use answers to interrogatories at any time during the presentation of the case, subject only to the exclusion of repetitious matter. Answers to interrogatories are subject to ordinary rules of trial practice. The discretionary power of the trial court controls the use of answers to interrogatories. In exercising its discretion, the trial court may not act arbitrarily or deprive a litigant of a full opportunity to present his case.[1]
If only part of the answers to interrogatories is read at the trial by a party, the adverse party may read any other part of the answers to interrogatories which ought in fairness to be considered in connection with the part that was read.
[1] See Feldsberg v Nitschke, 49 N.Y.2d 636, 404 N.E.2d 1293, 427 N.Y.S.2d 751 (1980)
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.
2881 NE 33rd Court (At Dock) Ft. Lauderdale, Florida 33306. Telephone (954) 564-9883. email to:[email protected]. Joel R. Brandes Consulting Services, Inc is a Florida corporation which is owned and operated by
Joel R. Brandes of The New York Law Firm of Joel R. Brandes. P.C. |
This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
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