New York Trial Answer Book
Techniques, law, and forms for trial preparation and presentation.
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, more than 80 forms in print and via Digital Access, 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
- 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
- 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
- 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.
REVISION 9 HIGHLIGHTS
The latest edition of New York Trial Notebook updates 31 chapters with hundreds of recent cases and dozens of new tips and practice notes. Some of the many topics addressed are:
- Expert reports in the Commercial Division.
- Can a plaintiff alleging fraudulent transmission of an STD proceed anonymously?
- Can a complaint be amended to assert a theory not mentioned in a notice of claim?
- Can a party who is a plaintiff in one suit and a defendant in another be represented by the same counsel when the actions are tried jointly?
- A lease or other contract between the parties may preclude consolidation of actions.
- Does a “general release” mentioning specific claims release only those claims?
- May a party testify as his or her own expert?
- Effect of non-mandatory recommendations and guidelines promulgated by governmental and professional entities on standard of care.
- Government and non-government websites as a source of “facts” that may be judicially noticed.
- Counsel’s obligations on discovering juror misconduct.
- Researching prospective jurors on social media and the
- Factual assertions during opening statement as informal judicial admissions.
- Admission into evidence of bank and similar records without foundation testimony through judicial notice.
- Dangers for defendants and plaintiffs in charging jury on redundant theories.
- What to do if an error is detected in the verdict sheet after deliberations begin.
- Attorney’s right to fee on justifiable withdrawal from case.
- Motion to require opposing party to pay for proof of unreasonably denied issues.
- Motions at post-trial conferences.