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September 28 , 2009

New York Objections


Specially Designed for Courtroom Use The latest Edition of New York Objections, by Associate Justice Helen E. Freedman, includes new andupdated text in 19 chapters and more than 100 new case blurbs. The new text and cases cover a wide array of topics, including objections related to: • Failure to set forth a claim during opening statement • Hearsay exceptions: Declarant must be unavailable — former testimony • Hearsay exceptions: Declarant availability irrelevant • Excited utterance or spontaneous declaration • Cumulative evidence • Missing witness charge • Character evidence – prior uncharged crimes • Admissibility of photos of the accident scene in a civil case • Witness examination regarding prior bad acts • Expert testimony related to toxic substances; eyewitness identification; sexual abuse; and mental competency • Design and maintenance opinion evidence • Electronic evidence. Documents sent by or stored on social media sites, and communications made by cell phone or text, recently have been deemed admissible, under CPLR 4518(a), if they have the indicia of reliability. Winning at trial means getting your evidence in and keeping the opposition’s evidence out — or at least minimizing its impact. Most evidentiary rulings are within the judge’s discretion, and are made in seconds. Bad rulings are almost never reversible. In sum, victory goes to the lawyer who can prevail on the big objections in the heat of battle. The key is knowing why, when and how to object and how to respond — at a moment’s notice — with supporting authority at your fingertips. That’s where Justice Freedman’s New York Objections comes in. Like no other resource, New York Objections uses a courtroom-friendly format to cover more than 100 trial objections with clear, concise explanations, practice tips, and cautions — plus the rules, statutes, and cases that comprise and construe New York’s rules of evidence. Pattern Objections Comments Practice Tips & Cautions Cases Response Foundation Tactics • Preclude trial objections through motions in limine. • Evaluate the admissibility of the opposition’s evidence. • Decide when to object, and when to remain silent. • Preserve the record for appeal. • Respond to objections — on the spot, and with authority. • Draft briefs on evidentiary objections and motions. • Prevent jury exposure to adverse inadmissible evidence.
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