New York Evidence Handbook with Common Objections & Evidentiary Foundations

By: John Barkai

Updated Jan. 2024, including references to the Guide to New York Evidence effective through Dec. 2023, which were the latest ones posted as of Jan. 1, 2024. The New York Evidence Handbook with a Focus on Common Objections & Evidentiary Foundations (6" x 9") was designed to be brought to court and be at your side in the office. This handbook on New York evidence contains a comparison between the New York evidence common law and statutes on evidence, the "online only" Guide to New York Evidence (GNYE), and the Federal Rules of Evidence to help you better understand and practice New York evidence law. New York is one of only three states (including Massachusetts and Missouri) that does not have rules of evidence. Both New York and Massachusetts have recently published "Guides" to evidence with "rules," but those " rules" are really only summaries (although very good summaries) of the common law and statutes in those two states. I wanted to include the specific "rules" contained in the Guide to New York Evidence, but the courts would not give me permission to include them. (Incidentally, the Massachusetts courts did grant me permission to print their rules for my Massachusetts Evidence Handbook.) New York courts have not allowed anyone to publish the Guide to New York Evidence in hardcopy, and they only make it available online (unless you print it yourself), which makes that publication hard to use in a courtroom. Because you most likely studied the Federal Rules of Evidence in law school and for the multistate portion of the New York bar exam, this handbook contains a 30-page section which offers my opinions comparing the New York law of evidence to the Federal Rules of Evidence. This handbook also includes the current, relevant New York statutes on evidence, as well as a chart comparing the GNYE to the Federal Rules of Evidence. Additional "added values" to this book, and what lawyers find most valuable about my evidence handbooks, are a 16-page section on making and responding to common objections (including a discussion of the 15 most common objections and a list of 60 common trial objections) and over 60 pages on evidentiary foundations and impeachment - including 25 examples of foundations for introducing physical, electronic, hearsay, and social media evidence, a discussion on differing standards for authenticating digital evidence, and sample impeachment transcripts. Both of those additional value sections are keyed to the New York common law and statutes as well as the Guide to New York Evidence. The author is a former Detroit criminal felony trial lawyer, a full-time law professor for 50 years, and have been a professor at the William S. Richardson School of Law at the University of Hawaii for 45 years. Since he left practice and began teaching, each year he has taught a criminal clinic in which his students try traffic and minor criminal cases under the state student practice rules of Michigan and now Hawaii. He has taught evidence since 1981, been the Director, and now Co-Director, of his law school's clinical program since 1978, as well as a member of the Hawaii Supreme Court's Standing Committee on the Rules of Evidence since 1993. This handbook, and other similar handbooks, were inspired by handbooks he created in 2019 for a workshop for Pacific Island Judges from American Samoa, Marshall Islands, Federated States of Micronesia, Chuuk, Kosrae, Pohnpei, and Yap. He has published over 100 evidence handbooks similar to this one for all 50 states as well as over 30 other jurisdictions from Bangladesh to the United Kingdom. He also has evidence and negotiation & ADR cartoon books on Amazon as well as a book on effective communication for negotiation and mediation.

• Format: Paperback
• Language: English
• ISBN: B09K26HRBQ
• ISBN13: 9798750103416
• Release Date: October 2021
• Publisher: Independently published
• Length: 184 Pages
• Dimensions: 9.0" x 0.4" x 6.0"