Evidence - 2003-2004 Survey of New York Law

Abstract

This article is a survey of developments in evidence rules in 2003-2004. This covers Procedure, Relevancy, Witnesses, Cross-examination and Impeachment, Hearsay, Expert Opinion, and Privileges.

Procedure includes: Court Control, Juror Interrogation of Witnesses, Preservation, Judicial Notice, Presumptions, Res Ipsa Loquitur.

Relevancy includes: "Opening the Door," Other Crimes, Other Accidents, and Non-Testimonial Proof.

Witnesses includes: Opinions, Defendant Physician as Plaintiff's Witness, and Calling the Adversary's Expert.

Cross-Examination and Impeachment includes: Prior Convictions and Bad Acts, Contradiction and Extrinsic Evidence, and Impeachment By Learned Treatise.

Hearsay includes: Confrontation, Admissions, Business Records, Declarations Against Interest, and Prompt Outcry.

Expert Opinion includes: Appropriateness, Qualified Expert, Basis For Expert's Opinion, and Frye.

Privileges includes: Fifth Amendment, Attorney-Client, Spousal, and Physician-Patient.

Keywords: Procedure, Relevancy, Witnesses, Cross-examination and Impeachment, Hearsay, Expert Opinion, Privileges