9.6 - 1. Determinative New Legal Issues
| Jurisdiction | New York |
1. Determinative New Legal Issues
Courts will consider new legal issues that are determinative and that could not have been obviated or cured by legal countermeasures even if they had been raised in the trial court. Such issues generally are not subject to the preservation requirement.2060
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Notes:
[2060] . See id. (Appellate Division appropriately ruled in premises liability case on the basis of GOL § 9-103, even though the state first raised the defense on appeal); Misicki v. Caradonna, 12 N.Y.3d...
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- 9.0 - I. Introduction
- 9.1 - II. Doctrine Of Preservation
- 9.2 - A. General Principles
- 9.3 - 1. Fairness
- 9.4 - 2. Judicial Economy
- 9.5 - B. Issues Raised For First Time On Appeal
- 9.6 - 1. Determinative New Legal Issues
- 9.7 - 2. Pure Questions Of Law Or Statutory Interpretation
- 9.8 - 3. Issues Supported By Trial Record
- 9.9 - C. Exceptions To Doctrine Of Preservation
- 9.10 - D. General Strategies For Complying With Doctrine Of Preservation
- 9.11 - III. Building The Record Before Trial
- 9.12 - A. Pleadings
- 9.13 - B. Disclosure
- 9.14 - 1. Concept Of Disclosure In New York
- 9.15 - 2. Depositions
- 9.16 - 3. Interrogatories
- 9.17 - 4. Discovery And Production Of Documents And Items For Inspection, Testing, Copying Or Photographing
- 9.18 - C. Pretrial Motions
- 9.19 - 1. Introduction
- 9.20 - 2. Strategies To Preserve An Issue Or Argument At The Pretrial Stage
- 9.21 - 3. Importance Of Pretrial Motions And Interlocutory Appeals
- 9.22 - A. Interaction Between Interlocutory Appeals And The Necessarily Affects Doctrine
- 9.23 - B. Pretrial Motions And Law Of The Case Doctrine
- 9.24 - D. Note Of Issue And Certificate Of Readiness
- 9.25 - IV. Protecting The Record At Trial
- 9.26 - A. Exception Vs. Objection
- 9.27 - B. Requests And Objections
- 9.28 - 1. Function
- 9.29 - 2. Specificity
- 9.30 - 3. Timeliness
- 9.31 - 4. Repeated Objections Unnecessary
- 9.32 - C. Evidence
- 9.33 - 1. Offer Of Proof
- 9.34 - 2. Inclusion Of Disputed Evidence
- 9.35 - D. Jury Selection
- 9.36 - E. Opening Statements And Summations
- 9.37 - F. Motion For Directed Verdict
- 9.38 - 1. Law To Be Applied In The Case
- 9.39 - 2. Verdict
- 9.40 - H. Post-Trial Motions
- 9.41 - V. Interests Of Justice Jurisdiction
- 9.42 - VI. Conclusion
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