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 Justice Freedman’s 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.
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.
Justice Freedman comments on each objection. She explains the practical application, scope, and purpose of the governing rules. And she describes the circumstances in which each objection is proper and most effective.
Practice Tips & Cautions
Justice Freedman provides ample practice tips and cautions, alerting you to common mistakes and important strategies. And the book’s format makes them easy to spot.
The facts and holdings of 1500 cases (about 15 per objection) are summarized so you can quickly find supporting authority.
Opposing counsel objects — and thanks to New York Objections, you have the ammunition to respond. Better yet, Justice Freedman explains how to anticipate and preclude objections before they are made. And she tells you what reactions to expect from the judge, how to meet alternative admission procedures, and more.
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.
Anticipate evidence problems and plan your strategies. Justice Freedman’s advice and insights give you the best chance of success. They include alternative arguments, judicial perspectives and preferences, and what you need to put on the record. Without a self-contained evidence code, 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 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 their best advantage. Written by a respected New York trial judge, 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 17 HIGHLIGHTS
The new edition of New York Objections includes new and updated text in 18 chapters and citations to more than 85 new cases. The new text and cases cover a broad range of topics, including objections and motions related to:
- Cumulative evidence and bolstering
- Constitutional privilege against self-incrimination
- Right to confrontation with testimonial hearsay
- Scope of attorney-client privilege and physician-patient privilege
- Business, hospital and police records
- Prior inconsistent statements
- Surveillance tapes
- 911 calls
- Emails as documentary evidence
- Spoliation sanctions
- Competency of infant witnesses
- Expert testimony regarding medical causation
- Testimony of an accident reconstruction expert based on examination of photographs
- Objections during cross-examination, in civil and criminal cases, to questions re: prior criminal convictions
- Motions to dismiss following opening statement
- Procedures for handling alternate jurors
- Jury questions and read-back requests
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 AUTHOR
Helen E. Freedman served as a trial judge from 1979 to 2008 and as an appellate judge from 2008 through 2014. She currently serves as a neutral with JAMS. She served on the Appellate Term for five years and in the Commercial Division of the New York State Supreme Court for eight years. She was also 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. She is a founding member of the State Judges Mass Tort Litigation Committee.
Justice Freedman has lectured extensively on trial practice, ADR, mass torts, and medical malpractice at law schools, CLE and bar association programs, and judicial seminars. She has written articles on trial practice, evidence, medical malpractice, and mass torts. Justice Freedman was a Vice President of the Association of the Bar of the City of New York, and Chair of its Special Committee on Medical Malpractice. She has also served as the President of the New York State Association of Women Judges, and as co-president of Judges and Lawyers Breast Cancer Alert.
Justice Freedman is a member of the Boards of Directors of the New York County Lawyers’ Association and of the Historical Society of the New York Courts. She is also currently a fellow of the New York Bar Foundation and the American Bar Foundation, and is on the Board of Directors of the New York County Lawyers’ Association. She is a member of the American Bar Association, the New York State Bar Association, the Association of the Bar of the City of New York and the Women’s Bar Association of the State of New York.
Justice Freedman graduated from New York University School of Law and Smith College. She lives with her husband in New York City, and has two grown daughters.