Evidence - 2003-2004 Survey of New York Law

Syracuse Law Review, Vol. 55, p. 1005, 2005

48 Pages Posted: 22 Jun 2010  

Michael J. Hutter

Albany Law School

Date Written: 2005

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

Suggested Citation

Hutter, Michael J., Evidence - 2003-2004 Survey of New York Law (2005). Syracuse Law Review, Vol. 55, p. 1005, 2005. Available at SSRN: https://ssrn.com/abstract=1625927

Michael J. Hutter (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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