Evidence, 1994-1995 Survey of New York Law

Abstract:     
This article is a survey of developments in evidence rules in 1994-1995. This issue covers Witnesses, Relevancy and Circumstantial Evidence, Cross-examination and Impeachment, Hearsay, Privileges, and Expert Testimony.

Witnesses includes: Court and Juror Examination, Refreshing Recollection, Hypnosis, Juror Competency, and Dead Man’s Statute.

Relevancy and Circumstantial Evidence includes: General Considerations, Consciousness of Guilty, Missing Witness/Document, Other Crimes, Party’s Own Rules, and Demonstrative and Real Evidence.

Cross Examination and Impeachment includes: General considerations; Sandoval Rule; Bias, Hostility, and Interest; Contradiction and Prior Inconsistent Statement; Impeaching the Character Witness; Impeaching Own Witness; and Redirect and Rehabilitation.

Hearsay includes: Speaking Agent, State of Mind, Present Sense Impressions, Business Records, Public Records, Declarations Against Penal Interest, Prior Consistent Statements, Prior Inconsistent Statements, Party Depositions, and Forfeiture of Right to Rely upon Hearsay Rule and Constitutional Confrontation Guarantee.

Privileges includes: Attorney-Client, Physician-Patient, Spousal, Parent-Child, Trade Secret, and Rape Crisis Counselor-Rape Victim.

Expert Testimony includes: Qualifications of Expert Witnesses, Appropriateness of Expert Testimony, and Basis of Opinion.

Number of Pages in PDF File: 59

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