Offer of proof new york

Trial of a Divorce and Custody Case

• Return to The Law Firm of Joel R. Brandes website
• New York Matrimonial Trial Handbook
• New York Matrimonial Trial Handbook 2023 Update Pdf Edition
• Table of Contents of Trial of a Divorce and Custody Case
• Books about Divorce and Family Law

• Order of Trial - In General
• Questions for Placing Stipulation on the Record and Allocution
• Questions for prima facie economic case - Direct Examination of Client – General Questions
• Order of Trial - Motion to Dismiss After Opening Statementage
• Conduct of Trial - Courtroom Decorum for Counsel and Court - Addressing the Judge - Approaching the Bench
• Conduct of Trial - Right to Cross-Examination of Witness
• Conduct of Trial - Scope of Cross-Examination - Making Adverse Witness Own Witness
• ​Conduct of Trial - Redirect Examination - Rule of Completeness
• Conduct of Trial - Redirect Examination
• Conduct of Trial - Re-Cross Examination of Witness
• Conduct of Trial - Calling a Witness to the Stand to Testify
• Conduct of Trial - Right to Call Witnesses for Direct Examination
• Conduct of Trial - Method of Calling a Witness to the Stand - Presenting Witnesses
• Conduct of Trial - Requirement that Witness Have Personal Knowledge
• Conduct of Trial - Examination of Witnesses - Method of Examination - Improper Questions
• Conduct of Trial – Importance of Objections to Inadmissible Evidence or Improper Questions
• Conduct of Trial - Method of Making an Objection
• Conduct of Trial - Voir Dire to Challenge Foundation for Introduction of Evidence
• Conduct of Trial - Leading Questions - What they are and when they are permitted
• Conduct of Trial - Method of Making Objection to Leading Question
• Conduct of Trial - Refreshing the Witness’s Recollection
• Conduct of Trial - Questions for Refreshing Witness Recollection
• Conduct of Trial - Refreshing Recollection of Witness - Past recollection recorded
• ​Conduct of Trial - Motion for Reconsideration of Prior Ruling
• Conduct of Trial - Method of Making Motion to Reconsider Prior Ruling
• ​Conduct of Trial - Motion to Adjourn Trial - Defendant’s Objection to proceed with Defense before Plaintiff Rests
• Conduct of Trial - Motion to Dismiss for failure to establish a Prima Facie Case
• ​Conduct of Trial - Method of Making Motion to Adjourn - Objection to proceed with Defense before Plaintiff Rests
• Conduct of Trial - Continuing Objection
• Conduct of Trial - Motion to Strike Evidence Improperly Admitted
• Conduct of Trial - Motion to Strike Evidence Admitted Subject to Connection
• Conduct of Trial - Offer of Proof - What is it?
• Conduct of Trial - Method of Making an Offer of Proof
• ​Conduct of Trial - Exclusion of Witnesses from Courtroom
• Conduct of Trial - Method of Making Request to Exclude Witnesses
• Conduct of Trial - Discretion of Judge to Question Witnesses
• Conduct of Trial - Right of Court to Compel Testimony
• Conduct of Trial - Right of Trial Judge to Call own Witness.
• Trial Testimony - Prior Testimony - Questions for Impeaching Witness on Cross Examination by Prior Deposition Testimony
• Trial Testimony - Prior Testimony - Use of Answers to Interrogatories from Prior Action
• Trial Testimony - Right to Confer with Counsel
• Trial Testimony - Right to Interpreter for Person Who Can Not Communicate with Court
• Trial Testimony - Prior Testimony - Effect of using deposition.
• Trial Testimony - Calling the Adverse Party as a Witness
• Trial Testimony - Cross Examination - Modes of impeachment
• ​Trial Testimony - Cross - Examination - Impeachment of Witnesses
• Trial Testimony - Prior Testimony - Effect of using Answers to Interrogatories.
• Trial Testimony - Cross Examination - Impeachment - Reputation for Veracity
• Trial Testimony - Prior Testimony - Use of Deposition from Prior Action
• Trial Testimony - Cross-Examination - Impeachment Limited by Collateral Evidence Rule
• Trial Testimony - Cross Examination - Reputation for Veracity - Laying Foundation for Impeachment Testimony of Bad Reputation for Veracity
• Trial Testimony - Cross Examination - Reputation for Veracity - Questions for Impeachment Testimony of Bad Reputation for Veracity
• Trial Testimony - Cross - Examination - Impeachment of Witness by Prior Inconsistent Statement and Questions for Introduction
• ​Trial Testimony - Prior Testimony - Use of Deposition Subject to Rules of Evidence
• Trial Testimony - Testimony of Child
• Trial Testimony- Cross - Examination – Inadmissibility of Proof of Prior Arrest, Indictment or Conviction for Petty Crime
• ​Trial Testimony - Method of Offering Exhibit Marked for Identification into Evidence - Standard Questions
• Trial Testimony - Cross - Examination - Attempt to Procure False Evidence Competent as an Admission
• Trial Testimony - Cross-Examination - Impeachment of Witness by Criminal Conviction
• ​Trial Testimony - Cross-Examination - Impeachment of Witness by Showing Bias, Hostility, or Interest
• ​Trial Testimony - Cross - Examination - Impeachment by Showing Witness Hostile to Party
• Trial Testimony- Cross - Examination - Impeachment by Showing Predisposition
• Trial Testimony - Questions for Impeaching Witness on Cross - Examination by Showing Hostility
• Trial Testimony - Method of Marking Documents as Exhibits for Identification and Offering them into Evidence
• ​Trial Testimony - Impeaching own Witness
• Trial Testimony - Prior Testimony - Use of Depositions at Trial or Hearing
• Trial Testimony - Prior Testimony - Questions for Impeaching Witness on Cross Examination by Prior Testimony
• Trial Testimony - Prior Testimony - Use of Answers to Interrogatories
• Trial Testimony - Prior Testimony - Use of Answers to interrogatories Subject to Rules of Evidence
• Trial Testimony - Prior Testimony - Questions for Impeaching Witness on Cross Examination by Answers to interrogatories
• Trial Testimony - Prior Testimony - Admission of Prior Testimony
• Trial Testimony - Prior Testimony - Admission of Prior Testimony Subject to Objection
• Trial Testimony - Prior Testimony - Necessity of Foundation for Admission of Prior Testimony

• Burden of Proof - Standards of Proof
• Evidence and Proof - Competent and Material
• Burden of Proof - Fair Preponderance of Credible Evidence - Clear and Convincing Evidence
• Burden of Proof - Clear and Convincing Evidence in Matrimonial Actions
• ​Burden of Proof - Presumptions
• ​Burden of Proof - “Competent Proof” in Family Court Proceedings
• ​Standards of Proof for Overcoming Presumptions in Matrimonial Actions
• Foundation for Evidence - Stare Decisis - The Doctrine of Precedent
• Foundation for Evidence - Law of the Case
• Foundation for Evidence - Judicial Estoppel
• Foundation for Evidence - Rule Against Inconsistent Positions
• Foundation for Evidence - Estoppel from Presenting Evidence at Trial Based Upon Contents of Response to Discovery Demand
• Foundation for Evidence - Judicial Notice of Law and Facts
• Foundation for Evidence - Method of Asking Court to Take Judicial Notice of a Fact
• Foundation for Evidence - Judicial Notice of Testimony at Prior Pendente lite Hearing
• Admissibility of Evidence – Rule against Hearsay
• ​Admissibility of Evidence - General Rule
• Admissibility of Evidence - Exceptions to the Rule against Hearsay - Verbal or operative acts and State of Mind
• Admissibility of Evidence - Exceptions to the Rule against Hearsay - State of Mind
• Admissibility of Evidence - Exceptions to the Rule against Hearsay - Present Sense Impression and Excited Utterance/Spontaneous Declaration
• Admissibility of Evidence - Exceptions to the Rule Against Hearsay - Not Necessary to Lay Foundation For Admission of Certified Non-Party Business Records Produced Pursuant to Subpoena - CPLR 3122-a.
• Admissibility of Evidence - Exceptions to the Rule against Hearsay - Expressions of Intent
• Admissibility of Evidence - Exceptions to the Rule against Hearsay - Evidence of Abuse or Neglect in Custody and Child Protective Proceedings
• Admissibility of Evidence - Exceptions to the Rule against Hearsay - Former Testimony
• Admissibility of Evidence - Presumption that Only Admissible Evidence Was Considered By the Trial Court.
• Admissibility of Evidence - Admissions and Letters by Party’s Attorney Admissible in Evidence
• Admissibility of Evidence - Exceptions to the Rule against Hearsay - Laying a Foundation for and Questions for Offering Business Records into Evidence
• Admissibility of Evidence - Exceptions to the Rule against Hearsay Applicable in Matrimonial Case
• Admissibility of Evidence - Exceptions to the Rule against Hearsay - Admission of New Spouse
• Admissibility of Evidence - Exceptions to the Rule against Hearsay - Past recollection recorded
• Admissibility of Evidence - Exceptions to the Rule against Hearsay - Business Records
• Admissibility of Evidence - Exceptions to the Rule against Hearsay - Admissions
• Admissibility of Evidence - Exceptions to the Rule Against Hearsay - Business Records - Admission of Hospital bills and Records, Records and Reports of Genetic Marker or DNA tests, and Payment Records
• Admissibility of Evidence - Exceptions to the Rule against Hearsay - Admission of Certified Hospital, Library, and Government Records.
• Admissibility of Evidence - Exceptions to the Rule Against Hearsay - Admission of Business Records - Other Certification Substitutes for Foundation Testimony.
• Admissibility of Evidence - Exceptions to the Rule Against Hearsay - Admissibility of Medical Reports - Not admissible As Business Records Where They Contain Doctor's Opinion or Expert Proof
• Admissibility of Evidence - Exceptions to the Rule against Hearsay - Laying a Foundation for Admission of Business Records and Records of Municipality into Evidence - Summary of Rule
• Admissibility of Evidence - Exceptions to the Rule against Hearsay - Questions for Laying a Foundation for and Offering Business and Municipality Records into Evidence
• Admissibility of Evidence - Exceptions to the Rule against Hearsay - Method of Laying a Foundation for and Offering into Evidence Certified Records of Business or Municipality
• Admissibility of Evidence - Exceptions to the Rule against Hearsay - Business Records Rule - Business Duty
• Admissibility of Evidence - Results of Lie Detector Test Inadmissible
• Admissibility of Evidence - Privilege - Testimony of One Spouse against the Other. - Action founded Upon Adultery - In General
• Admissibility of Evidence - Expert Report Inadmissible Without Consent
• Admissibility of Evidence - Privilege - Testimony of One Spouse against the Other- Action Founded Upon Adultery - As to Non-access
• Admissibility of Evidence - Privilege - Testimony of One Spouse Against the Other – Actions for Divorce, Separation or Annulment - Confidential Communications.
• Admissibility of Evidence - Privilege - Testimony of One Spouse against the Other - Confidential Communications - Waiver
• Admissibility of Evidence - Privilege - Confidential Communications - Waiver
• Admissibility of Evidence - Privilege - Testimony of One Spouse for the Other - Action founded Upon Adultery
• Admissibility of Evidence - Privilege - Confessions and Admissions - Action Founded Upon Adultery
• Admissibility of Evidence - Privilege - Conduct Prior to Marriage - Action Founded Upon Adultery.
• Admissibility of Evidence - Privilege - Attorney - Client Privilege - Civil Practice Law and Rules § 4501.
• Admissibility of Evidence - Privilege - Psychologist - Patient Privilege - Civil Practice Law and Rules § 4507.
• Admissibility of Evidence - Privilege - Physician, dentist, podiatrist, chiropractor and nurse Privilege - Civil Practice Law and Rules § 4507.
• Admissibility of Evidence - Privilege - Clergy - Penitent Privilege - Civil Practice Law and Rules § 4505.
• Admissibility of Evidence - Privilege - Social worker - Patient Privilege - Civil Practice Law and Rules § 4508(a).
• Admissibility of Evidence - Privilege - Rape crisis counselor - client Privilege - Civil Practice Law and Rules § 4510.
• Admissibility of Evidence - Practice Point - Privilege - Confidential Communications
• Admissibility of Evidence - Privilege - Fifth Amendment Privilege against Self-Incrimination
• Admissibility of Evidence - Privilege - Method of Making Objection to Question on Fifth Amendment Grounds
• Admissibility of Evidence - Privilege - Adverse Inference from Failure of Party to Testify and Failure to Call Favorable Witness - Missing Witness Rule in Civil Case
• Admissibility of Evidence - Privilege - New York Privilege against Self-incrimination - Civil Practice Law and Rules §4501.
• Admissibility of Evidence - Privilege - Electronic Communication of Privileged Communications - Civil Practice Law and Rules § 4548
• Admissibility of Evidence - Evidence Illegally Obtained. – Unlawful Entry, Search and Seizure and Electronic Surveillance of Family Conversations – Exceptions for Custody and Article 10 Cases
• Admissibility of Evidence - Suppression of Illegally Obtained Eavesdropping Evidence - Civil Practice Law and Rules § 4506(a) - Vicarious Consent for Child
• Admissibility of Evidence - Authentication of Instant Message
• Admissibility of Evidence - Motion to Suppress Illegally Obtained Eavesdropping Evidence under CPLR § 4506
• Admissibility of Evidence - Illegal Interception of Electronic Evidence - Electronic Evidence Defined
• Admissibility of Evidence - Admissibility of Audio and Visual Recordings - Foundation for Admission of Recordings
• Admissibility of Evidence - Social Networking Sites
• Admissibility of Evidence - Admissibility of Electronic Evidence
• Admissibility of Evidence - Authentication of Text Message and Questions for Introduction into Evidence
• Admissibility of Evidence - Evidence Obtained By Spyware - CPLR 4506
• Admissibility of Evidence - Admissibility of Audio and Visual Recordings
• Admissibility of Evidence - Authentication of Blogs and Websites
• Admissibility of Evidence - Questions for Laying Foundation for Admission of Recorded telephone call into Evidence
• Admissibility of Evidence - Authentication of email and Questions for Introduction
• Admissibility of Evidence - Questions for Laying Foundation for Admission of Transcript of Sound Recorded telephone call into Evidence
• Admissibility of Evidence - Best evidence rule
• Admissibility of Evidence - Parol Evidence Rule
• Admissibility of Evidence - Inadmissibility of Evidence Protected by the Health Insurance Portability and Accountability Act
• Admissibility of Evidence - Authentication of Foreign Records and Documents for Use at Trial
• Admissibility of Evidence - Spoliation - Unfavorable Inference - Preclusion
• Admissibility of Evidence - Admissibility of Foreign Language Exhibits and Affidavits and Papers
• Admissibility of Evidence - Authentication of official record of court or government office in the United States
• Admissibility of Evidence - Settlement Offers Not Admissible
• Questions to Lay Foundation for Introduction of text message into evidence
• Questions to Lay Foundation for Introduction of email into evidence
• Opinion Evidence
• Opinion Evidence – Qualification of Expert and Weight of Testimony
• Opinion Evidence - Opinion of Ordinary Witness as to ownership, intent, belief and value of property or services.
• Opinion Evidence - Admissibility of Expert Testimony - Basis for Admission of Expert Opinion
• Opinion Evidence - Form of expert opinion
• Opinion Evidence - Cross Examination of Expert Witnesses - Impeaching the Expert
• Opinion Evidence
• Opinion Evidence - Impeaching Your Own Expert Witness.
• Opinion Evidence and Need for Expert Opinion
• Opinion Evidence - Expert Cannot Be Compelled to Testify
• Practice Point - Admissibility of Charts and Summaries Counsel may be permitted to use charts to summarize documents already in evidence where the charts are based solely on information already in evidence. A foundation must be laid, demonstrating that
• Practice Point – Testimony about Out of Court Statements Made by Third Party.
• Practice Point - Effect of the Failure of a Party to Deny or Contradict Evidence or Pleadings
• Practice Point - No Client - Expert Privilege.
• Practice Point - Trial Evidence not Limited by Scope of Pretrial Disclosure
• Practice Point - Effect of withholding Evidence in Your Possession, or Failure to Call a Witness

• Direct Examination of Party - Prima Facie Custody Case
• Custody Proceedings - Evidence - Investigations
• Custody Proceedings - Evidence -Admissibility of Hearsay
• Custody Proceedings – Evidence - In-camera and Lincoln interviews
• Custody Proceedings – Evidence - Confidential communications - Waiver in Custody Cases
• Custody Proceedings - Evidence - Child as a Witness
• Custody Proceedings - Evidence - Child Permitted to Assert Psychologist - Patient Privilege
• Custody Proceedings - Evidence - Admissibility of child abuse reports
• Custody Proceedings - Evidence - Use of Experts, Evaluations, and Reports