New York Civil Evidence: A Useful Caselaw Review — 4 New York Professional Practice Credits

In this 3.3-hour March 17, 2020 program,Michael J. Hutter, Esquire, provides a practical review and explanation of the significant cases relating to key issues of civil litigation in New York.

Mr. Hutter is Professor of Law at Albany Law School, where he received the 2015 Faculty Award for Excellence in Teaching. He is also Special Counsel to the Albany, New York law firm ofPowers & Santola, LLP. Importantly, Professor also served as Reporter for the New York Unified Court System Guide To NY Evidence Committee, which has released its "Guide to NY Evidence" for use by New York lawyers and can be foundHERE.

Major topics:
Procedural Concerns
- court control over trial
- spoliation
- objections
Proof Shortcuts
- res ipsa loquitar
- presumptions
Relevance And Its Limits
- basic rule
- habit rule
- Mollineux and prior acts
- excluding relevant evidence
Witnesses
- exclusion
- examination
- impeachment
- missing witness
Hearsay
- hearsay?
- party admission exception
- prior inconsistent statement exception
- excited utterance/ present sense impression exceptions
- past recollection recorded
- business record exception
- hospital and medical records
- statements of physical condition and cause thereof
Expert Testimony
- generally
- appropriate subject matter
- qualifications
- bases
- Frye reliability
Privilege
- Fifth Amendment
- attorney-client
- attorney work-product and materials prepared in anticipation of litigation
- spousal
- physician-patient
Non-Testimonial Proof
- generally
- authentication
- best evidence

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