Lawyers no longer have as
many opportunities to polish their trial skills. Small cases rarely reach
courtrooms, and specialists and public defenders now handle the criminal
cases that used to keep civil lawyers trial-ready.
However, the procedures
and cases governing New York courtrooms … and the techniques that work in
them … must still be learned and remembered. Here is the solution.
Courtroom veterans Ed
Birnbaum, Carl Grasso, and Justice Ariel Belen have blended their hard-won
trial lessons with the law and rules governing New York trials in an
accessible single volume called New York Trial Notebook.
This practical work
is heavily-supported with 2,000 cases containing parenthetical
descriptions and pinpoint citations, 76 forms in print and on CD, and
dozens of practice tips. New York Trial Notebook delivers:
Expert witness
disclosure
-
Boundaries of the treating-physician exemption from disclosure.
§5:04
-
Good
practice on requests for expert witness disclosure. §5:22
-
How much disclosure is sufficient.
§5:41
-
When preclusion is the appropriate remedy for late disclosure,
§5:50, and when it is not. §5:51
-
Tactics for admission and preclusion, with forms. §5:51
Eve-of-trial
preparation
-
Case law
for common motions in limine. §13.06
-
Responsive tactics.
§13:23
-
Plaintiff’s proven case themes for liability,
§14:20,
and
damage. §14:21
-
Same for the defense.
§14:32 and 33
-
Themes effective in commercial litigation.
§14:40
-
What
to put in your trial notebook. §14:51
Expert witness
testimony
-
When
cumulative expert testimony is permissible. §15:81
-
Rules and cases on expert opinion evidence.
§15:90
-
Frye hearings during trial, with forms.
§15:131
-
Adequate and inadequate bases for expert opinions.
§15:141
-
For medical opinions.
§15:163
-
Is a
complete factual predicate necessary? §26:53
Jury selection
-
Objecting
to questions omitted in judicial voir dire. §20.13
-
Tactfully excusing jurors.
§20.18
-
Procedures and tactics in White’s and Struck methods.
§20:31
-
How to conduct a skillful voir dire.
§20:50
-
Pattern language for responding to negative comments about lawyers,
size of awards, and the like. §20:56
-
Model
commitment questions. §20.100
-
Batson-challenge cases and procedure.
§20:141
Trial tips
-
Argument
tips from the bench. §19:03
-
An easy
way to obtain daily feedback during trial. §19:40
-
Handling forgetful witnesses.
§23:20
-
Helping plaintiffs make a good impression.
§24:20
-
A
fallback question format to avoid leading-question objections. §24:60
Cross examination of
lay witnesses
-
How to
attack credibility when you must also bring out new evidence. §25.11
-
Questions for attacking the foundation for testimony.
§25.20
-
Techniques for impeachment.
§25:30
-
Scope of use of inconsistent statements.
§25:32
-
Pattern questions for showing bias without overstepping.
§25:52
-
Fair subjects for cross,
§25:62, gray areas, §25:63, and matters not allowed.
§25:64
-
The
art of effective cross-examination. §25:90 et seq.
And much, much
more.
You'll receive detailed answers to the questions that frequently arise in
the home stretch before trial, and that arise in the courtroom –
qualification and cross-examination of experts, making and meeting
objections, persuasive openings and closings, pretrial motions and motions
during trial, jury selection and instruction.
Updated annually. ISBN 1-58012-104-7. Price: $119.00
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