Evidence - 2003-2004 Survey of New York Law
Michael J. Hutter
Albany Law School
Syracuse Law Review, Vol. 55, p. 1005, 2005
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.
Number of Pages in PDF File: 48
Keywords: Procedure, Relevancy, Witnesses, Cross-examination and Impeachment, Hearsay, Expert Opinion, PrivilegesAccepted Paper Series
Date posted: June 22, 2010
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