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5th Edition
ISBN: 9781601567710
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ISBN: 9781601567727
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ISBN: 9781601567727
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New York presents a special challenge to attorneys, because its evidence law has not been codified into rules. NITA’s guide will help you to readily make and respond to objections trial objections. Use the thumb tabs to quickly locate the information you need. Each section provides the applicable New York case law and statutes (updated through 2017), an explanation giving the reason for the law, and the current understanding of it.

 At 4-by-6 inches, this complete reference guide to New York evidence travels easily to the courtroom or classroom. NITA's handy guide enables you to quickly reference objections and responses during trial.

Objections, followed by their accurate responses, are listed alphabetically with thumb tabs so that you can go right to the one you want.

Gain insight from crucial practice tips and legal interpretations and access the rules when you need them most—this pocket-size guide is always at hand.

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Table of Contents

CONTENTS

Preface
Ambiguous Questions
Argumentative Questions
Asked and Answered Questions
Assuming Facts Not in Evidence
Authentication of Documents
Authentication of Electronic Communications / Social Media
Authentication of Recorded Telephone Conversations and Voices
Authentication of Test Results or Systems
Best Evidence Rule (Original Documents Rule)
Character Evidence

       Generally
       Accused in a Criminal Case
       Other Acts, Crimes, or Wrongs
       Prior Sexual Activity of Alleged Victim
       Victim in a Criminal Case

Competence to Testify
Compound Questions
Compromise / Offers of Compromise
Cross-Examination

       Generally
       Scope

Exhibits
       Illustrative
       Real Evidence
       Tangible Objects
       Writings

Expert Opinions
       Basis for Opinion
       Frye and Daubert
       Need for Expert Testimony
       Proper Qualifications

Guilty Pleas
Habit and Routine Practice
Hearsay

       Generally
       Attacking and Supporting the Credibility of a Hearsay Declarant
       Confrontation
       Hearsay within Hearsay
       Residual Exception

Hearsay Exceptions
       Absence of Entry in Official Documents / Public Records
       Declarations Against Interest
       Dying Declarations
       Declarations of Pedigree
       Excited Utterance
       Former Testimony
       Judgment of Conviction
       Learned Treatises
       Market Reports, Commercial Publications, and Other Compilations
       Official Documents / Public Records
       Party Admissions
       Present Sense Impression
       Prior Statements by Witness
             Prior Inconsistent Statements
             Prior Consistent Statements
             Identification
       Prompt Complaint by Crime Victim
       Recorded Recollection
       Records of Regularly Conducted Business Activity (Business Records)
       Records of Vital Statistics
       Reputation as to Character
       Reputation Concerning Boundaries or General History
       Reputation Concerning Personal or Family History
       Statements in Ancient Documents
       Statements for Purposes of Medical Diagnosis or Treatment
       Then-Existing Mental or Emotional Condition
       Unavailability Requirement for Certain Hearsay Exceptions

Impeachment
       Bias, Prejudice, Interest, and Improper Motive
       Memory
       Perception
       Prior Convictions Offered Against Witness Who is Not a Criminal Defendant
       Prior Convictions Offered Against Criminal Defendants
       Prior Inconsistent Statements
       Prior Bad Acts
       Witnesses Called by Party
       Witness’s Reputation for Veracity

Insurance against Liability
Judicial Notice
Lay Opinion Evidence
Leading Questions
Misstating the Witness
Narratives
Nonresponsive Answers
Objections
Offers of Proof
Payment of Medical and Similar Expenses
Personal Knowledge
Presumptions
Privileges

       Generally
       Attorney-Client
       Clergy
       Doctors and Other Healthcare Professionals
       Family Members

Refreshing Present Recollection
Relevance

       Generally
       Conditional Admissibility
       Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of
       Time
       Evidence Admissible for Limited Purpose—Request for Instructions

Rule of Completeness
Subsequent Remedial Measures