Trial Testimony - Testimony of Child
The general rule in civil proceedings is that unsworn testimony of a child is inadmissible. However, an exception to that rule allows the court to dispense with the formality of placing a minor under oath before taking testimony after determining the probative value to be accorded to the child's in-court unsworn statements.[1]
[1] Matter of Fawn S., 128 Misc.2d 186, 489 N.Y.S.2d 681 (N.Y.Fam.Ct., 1985). In Muscoreil By Vigneri v. Pool Mart, Inc., 486 N.Y.S.2d 518 ( 4 Dept.,1985) the court held that oral examination of the eight-year-old plaintiff would be under oath provided that the infant was first found competent by the trial court in preliminary examination.
In Dempsey v Arreglado, 943 NYS2d 657 (3d Dept 2012]) the Appellate Division held that Family Court did not abuse its discretion in refusing to make the child testify in light of the mother's lack of proof regarding her claim of alienation, and the potential for significant negative impact on the child of requiring him to testify.
The general rule in civil proceedings is that unsworn testimony of a child is inadmissible. However, an exception to that rule allows the court to dispense with the formality of placing a minor under oath before taking testimony after determining the probative value to be accorded to the child's in-court unsworn statements.[1]
[1] Matter of Fawn S., 128 Misc.2d 186, 489 N.Y.S.2d 681 (N.Y.Fam.Ct., 1985). In Muscoreil By Vigneri v. Pool Mart, Inc., 486 N.Y.S.2d 518 ( 4 Dept.,1985) the court held that oral examination of the eight-year-old plaintiff would be under oath provided that the infant was first found competent by the trial court in preliminary examination.
In Dempsey v Arreglado, 943 NYS2d 657 (3d Dept 2012]) the Appellate Division held that Family Court did not abuse its discretion in refusing to make the child testify in light of the mother's lack of proof regarding her claim of alienation, and the potential for significant negative impact on the child of requiring him to testify.
The material on our website is from the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. There are numerous questions for the examination and cross-examination of witnesses.
Joel R. Brandes Consulting Services, Inc. publishes The New York Matrimonial Trial Handbook . It is available in Bookstores, and online in the print edition at Amazon, Barnes & Noble, Goodreads and other online book sellers.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
|
Joel R. Brandes Consulting Services, Inc.
2881 NE 33rd Court (At Dock) Ft. Lauderdale, Florida 33306. Telephone (954) 564-9883. email to:[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.
|