New York Objections

“There are numerous treatises, books and articles on evidence and trial tactics, which include coverage of making and responding to objections. However, few publications combine these subjects in as clear and useful a way as New York Objections.”  —David M. Epstein, New York Law Journal

Specially Designed for Courtroom Use

Winning at trial means getting your evidence in and keeping the opposition’s evidence out — or at least minimizing its impact. Most evidentiary rulings are within the judge’s discretion, and are made in seconds. Bad rulings are almost never reversible. In sum, victory goes to the lawyer who can prevail on the big objections in the heat of battle. The key is knowing why, when and how to object and how to respond — at a moment’s notice — with supporting authority at your fingertips. That’s where New York Objections comes in. Like no other resource, New York Objections uses a courtroom-friendly format to cover more than 100 trial objections with clear, concise explanations, practice tips, and cautions — plus the rules, statutes, and cases that comprise and construe New York’s rules of evidence.

Pattern Objections

Model language for more than 100 objections. Use the language provided — or tailor it to fit your specific situation. You can turn to the model language you need in seconds.

Comments

Author comments are included for each objection. The authors explain the practical application, scope, and purpose of the governing rules, and describe the circumstances in which each objection is proper and most effective.

Practice Tips & Cautions

The text includes an abundance of practice tips and cautions, alerting you to common mistakes and important strategies.

Cases

The facts and holdings of 1500 cases (about 15 per objection) are summarized so you can quickly find supporting authority.

Response

Opposing counsel objects — and thanks to New York Objections, you have the ammunition to respond. Better yet, you know how to anticipate and preclude objections before they are made. You also know what reactions to expect from the judge, how to meet alternative admission procedures, and more.

Foundation

New York Objections tells you how to meet the foundation requirements for specific types of evidence. You’ll find instructions on how to lay your foundation and spot weaknesses in your opponent’s.

Tactics

Anticipate evidence problems and plan your strategies. The authors’ advice and insights from the bench give you the best chance of success. They include alternative arguments, judicial perspectives and preferences, and what you need to put on the record.

New York attorneys must marshal far-flung rules, statutory provisions, and ever-developing common law. Other evidence books are full-blown academic treatises — not well-suited for handling courtroom exigencies. New York Objections bridges the gap. Organized by topic, it explains New York’s evidence rules, citing all the state’s relevant rules, statutes, and more than 1,500 New York cases directly on point. Don’t let opposing counsel’s objection block the admission of critical evidence, and don’t be caught off guard when opposing counsel offers evidence you could have kept out, had you just made the proper objection. Whether you’re in the courtroom or preparing for trial, New York Objections will help you use the rules of evidence to your best advantage. Written by respected New York trial judges, this book has the most comprehensive coverage of New York objections ever published. New York Objections is what you need to:

• Preclude trial objections through motions in limine.
• Evaluate the admissibility of the opposition’s evidence.
• Decide when to object, and when to remain silent.
• Preserve the record for appeal.
• Respond to objections — on the spot, and with authority.
• Draft briefs on evidentiary objections and motions.
• Prevent jury exposure to adverse inadmissible evidence.

REVISION 20 HIGHLIGHTS

In this 20th Edition of New York Objections, Justice Gerald Lebovits has updated every chapter of the book with new and revised text and dozens of new citations to authority, including new cases on a broad range of topics, from Attorney Conduct to Photographs to Witness Competence. The new text and cases cover objections and evidence related to:

• Voir Dire: implied bias; discriminatory use of peremptory challenges.
• Opening Statements: maintaining credibility; personal attacks; inflammatory statements.
• Relevance and Materiality: admissibility of evidence; setting a foundation; uncharged crime or violation.
• Hearsay: ancient documents; pedigree; admissions based on hearsay; settlement negotiations; excited utterance;
present sense impression (911 recordings); declaration against interest; dying declaration; electronic records.
• Privileges: self-incrimination; journalist privilege; social worker privilege; public interest privilege; scope of
attorney-client privilege.
• Character and Habit: reputation; prior uncharged crimes.
• Real Evidence: chain of custody; procedures for introduction of real evidence; exhibition of person.
• Documents: best evidence rule; criminal identification procedures; forged signatures; business records;
electronic evidence.
• Recordings: videos; sound recording transcripts; sound recording audibility.
• Witness Competence: mental impairment; intoxication; juror as witness.
• Witness Examination: judicial examination of witnesses; prior bad acts; adverse witnesses; narrative
testimony; video identification.
• Expert Testimony: accident reconstruction; animal care; domestic violence; medicine; sexual abuse.
• Judicial Conduct: exceeding authority; jury selection; coercing the jury.
• Summation: matters not in evidence; injecting self or personal belief; personal attacks; appeals to sympathy.

ABBREVIATED TABLE OF CONTENTS

CH. 1 OBJECTIONS & RELATED PROCEDURES

CH. 2 JURY SELECTION

CH. 3 OPENING STATEMENT

CH. 4 RELEVANCE & MATERIALITY

CH. 5 HEARSAY

CH. 6 CONFUSING, PREJUDICIAL, & CUMULATIVE

CH. 7 PRIVILEGES

CH. 8 CHARACTER & HABIT

CH. 9 REAL EVIDENCE

CH. 10 PHOTOGRAPHS, RECORDINGS, & X-RAYS

CH. 11 DOCUMENTS

CH. 12 PAROL EVIDENCE

CH. 13 DEMONSTRATIVE EVIDENCE

CH. 14 WITNESS COMPETENCE

CH. 15 WITNESS EXAMINATION

CH. 16 EXPERT WITNESSES

CH. 17 JUDICIAL CONDUCT

CH. 18 ATTORNEY CONDUCT

CH. 19 SUMMATION

CH. 20 SUBMISSION TO JURY

CH. 21 OBJECTING DURING DEPOSITIONS

ABOUT THE AUTHORS

Justice Gerald Lebovits began writing the annual supplements to New York Objections in 2018. Each year, he updates every chapter and adds dozens of new case citations throughout the book.

Justice Lebovits has been a New York City judge since 2001. An acting Supreme Court justice in Manhattan, he is president of the 300-judge New York State Association of Acting Supreme Court Justices. Before that he was president of the 120-judge Board of Judges of the New York City Civil Court and the 50-judge New York City Association of Housing Court Judges. Justice Lebovits has been an adjunct professor of law for 32 years, currently at Columbia, Fordham, and NYU. The students at Fordham, New York Law School, and St. John’s have each elected him Adjunct Law Professor of the Year. Justice Lebovits has a B.A. in law (1976), two certificates in law (1978), and a license in law (1979) from Canada (where he is from), and two graduate law degrees, from Tulane (1980) and NYU (1986), in the United States.

Justice Lebovits gratefully acknowledges the intelligent work of Julian Rodriguez, who contributed research to every chapter, adding cases and comments. Mr. Rodriguez is an associate at Greenberg Traurig, LLP., specializing in commercial real estate litigation. Mr. Rodriguez graduated with honors from St. John’s University School of Law in 2015, where he served on the Law Review. He is a 2012 honors graduate of SUNY Binghamton University.

Justice Helen E. Freedman wrote the first edition of New York Objections in 1998 and updated the work annually through 2015.

Justice Freedman has served as a mediator/arbitrator with JAMS in New York since 2015 and continues to serve as Vice Chair of the Pattern Jury Instructions Committee. Justice Freedman served as a trial judge from 1979 to 2008 and as an appellate judge from 2008 through 2014. She was the Mass Torts Judge in charge of all New York City asbestos personal injury and New York State silicone gel breast implant, latex glove, and diet drug cases. Justice Freedman was assigned to the Commercial Division for eight years. She retired from the bench in 2014.