Preliminary Sections

AuthorJustice Gerald Lebovits
by Justice Gerald Lebovits
In this 22nd Edition of New York Objections, Justice Gerald Lebovits has updated every chapter in the book with
new and revised text and dozens of new case summaries. e new cases span a broad range of topics, from Attorney
Conduct to Witness Competence. e highlights include a Foreword by esteemed New York Judge Barbara S. Jones
(ret.) and expanded coverage of:
Objections and Procedures: Harmless error in civil and criminal cases; making a timely objection; motions
in limine in civil and criminal cases; suciency of oers of proof.
Jury Selection: Exploring prejudices during voir dire; challenging prospective jurors for cause.
• Opening Statement: Statements not supported by the evidence.
Relevance, Materiality, Presumptions: Rebuttal of presumption; specic presumptions: legitimacy,
negligence in a rear-end collision, ownership by possession, proper execution of a will, spoliation.
Hearsay: Declarations against interest; dying declaration; prior inconsistent statements; business, hospital
and medical records; police records; excited utterance; 911 calls.
Confusing, Prejudicial, Cumulative: More prejudicial than probative; missing witness charge; expanded
commentary and legal analysis of cumulative evidence, with supporting case law.
• Character and Habit: Prior uncharged crimes.
Photographs, Recordings, X-rays: Civil cases – photo of accident scene; criminal cases – photo identication,
photo of victim, of crime scene, of defendant; surveillance tapes; surreptitious audio recordings; transcripts.
Documents: Summaries; best evidence rule; public documents; business records; electronic evidence,
including social media and email.
Demonstrative Evidence: Maps; sketches; diagrams; charts; models; reenactments.
Witness Competence: Dead Man’s statute; mental and physical impairments; juror as witness; judge as
Expert Witnesses: Conduit hearsay ; accident reconstruction; domestic violence; DNA; eyewitness
identication; medical causation; false confessions.
Judicial Conduct: Judicial notice; expanded commentary and case law re: judicial discretion to regulate the
trial; judicial power to adjourn or continue; judicial power to ensure decorum.
Objections During Deposition: Privilege; irrelevant and/or burdensome line of questioning; outrageous
conduct warrants sanctions.
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