New York Trial Notebook
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REVISION 12 HIGHLIGHTS
The latest edition of the New York Trial Notebook updates 33 chapters with analysis of over 100 recent cases and dozens of new tips and practice notes. Some of the many topics addressed are:
• Second Department states its position on trial courts’ discretion to order unified or bifurcated trials. §8:91
• When discharge of counsel may be a reasonable excuse for being unprepared to proceed with trial. §9:61.
• Unavailability of experts as reasonable excuse for adjournment. §9:71.
• Legislation provides options for non-settling defendants’ to determine their share of liability when one
defendant settles. §10:22.
• Expert testimony about the standard of care in medical malpractice actions. §15:20.
• Qualifications for medical experts. §15:23.
• Entitlement to missing witness charge for disclosed expert who does not testify. §15:80.
• Expert’s analysis must be based on evidence in the record and cannot be incredible or inconsistent. §15:80.
• Sufficiency of expert evidence for establishing causation in professional malpractice cases. §15:101.
• Use of trial subpoena to compel production of party’s medical records. §17:56.
• Sanctions on attorneys for disrespectful conduct in court or in court papers. §19:52.
• Motion to dismiss during jury selection. §20:06.
• Pretextual and non-pretextual Batson challenge factors. §20:143.
• Whether a non-party’s invocation of the 5th Amendment may trigger an adverse inference. §25:112.
• Admissibility of a recording when parts are inaudible. §28:104.
• Preclusion of witnesses’ testimony for non-disclosure or late disclosure or failure of witnesses to
appear for deposition. §29:166.
• Charging the jury on statutory violations. §32:03.
• Inclusion on verdict sheet of questions as to which no party requested instructions. §§32.44, 33:43.
• Inquiry that court must make before replacing a regular juror with an alternate after deliberations have
• Directed verdicts for the defense. §35:60.
• Sanctions against party whose conduct led to mistrial. §36:114.
• Statutes allowing plaintiffs to recover a multiple of damages awarded by the jury. §38:84.
• Determining attorneys’ fees in personal injury cases. §38:161.
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Table of Contents
Chapter 1 New York Courts and New York Law
Chapter 2 Differentiated Case Management and Conferences
Chapter 3 Note of Issue, Trial Calendar, and Trial Preferences
Chapter 4 Jury Demand and Waiver
Chapter 5 Expert Witness and Medical Report Disclosure
Chapter 6 Post-Note of Issue Discovery
MOTIONS BEFORE TRIAL
Chapter 7 Amending and Supplementing Pleadings and Bills of Particulars
Chapter 8 Motions to Sever and Bifurcate
Chapter 9 Motion to Continue (Adjourn)
Chapter 10 Voluntary Discontinuance and Settlement
Chapter 11 Disqualification of a Trial Judge
Chapter 12 Disqualification of Counsel
Chapter 13 Motions in Limine and Motions to Exclude Persons From Trial
PREPARING FOR TRIAL
Chapter 14 Case Theme and Trial Notebook
Chapter 15 Qualification of Experts and Admissibility of Expert Testimony
Chapter 16 Preparing Witnesses, Exhibits and Final Filings
Chapter 17 Subpoenas: Compelling Witness Attendance and Productions at Trial
Chapter 18 Alternatives to Testimonial and Physical Proof
Chapter 19 Interaction With Trial Participants
Chapter 20 Jury Selection
Chapter 21 Opening Statement and Court’s Preliminary Remarks
Chapter 22 Proof: Order, Burdens and Standards
Chapter 23 Eliciting and Refuting Testimony
Chapter 24 Direct Examination of Lay Witnesses
Chapter 25 Cross-Examination of Lay Witnesses
Chapter 26 Direct Examination of Expert Witnesses
Chapter 27 Cross-Examination of Expert Witnesses
Chapter 28 Presenting Nontestimonial Evidence
Chapter 29 Evidentiary Objections and Evidence Rulings
Chapter 30 Preparation and Presentation of Closing Argument
Chapter 31 Objections During Closing Argument
Chapter 32 Jury Instructions
Chapter 33 Verdicts and Verdict Sheets
Chapter 34 Jury Deliberations and Rendition of Verdict
TRIAL MOTIONS AND POST-VERDICT PROCEEDINGS
Chapter 35 Motion for Judgment During Trial (Directed Verdict)
Chapter 36 Motion for New Trial During Trial (Mistrial)
Chapter 37 Other Motions During Trial
Chapter 38 Post-Verdict Proceedings