CASE MANAGEMENT

• Chapter 1 New York Courts and New York Law
• Chapter 2 Differentiated Case Management and Conferences
• Chapter 3 Note of Issue, Trial Calendar, and Trial Preferences
• Chapter 4 Jury Demand and Waiver
• Chapter 5 Expert Witness and Medical Report Disclosure
• Chapter 6 Post-Note of Issue Discovery

MOTIONS BEFORE TRIAL

• Chapter 7 Amending and Supplementing Pleadings and Bills of Particulars
• Chapter 8 Motions to Sever and Bifurcate, and Changing Place of Trial
• Chapter 9 Motion to Continue (Adjourn)
• Chapter 10 Voluntary Discontinuance, Settlement, and Offers to Compromise
• Chapter 11 Disqualification of a Trial Judge
• Chapter 12 Disqualification of Counsel
• Chapter 13 Motions in Limine and Motions to Exclude Persons From Trial

PREPARING FOR TRIAL

• Chapter 14 Case Theme and Trial Notebook
• Chapter 15 Qualification of Experts and Admissibility of Expert Testimony
• Chapter 16 Preparing Witnesses, Exhibits and Final Filings
• Chapter 17 Subpoenas: Compelling Witness Attendance and Productions at Trial
• Chapter 18 Alternatives to Testimonial and Physical Proof

TRIAL

• Chapter 19 Interaction With Trial Participants
• Chapter 20 Jury Selection
• Chapter 21 Opening Statement and Court’s Preliminary Remarks
• Chapter 22 Proof: Order, Burdens and Standards
• Chapter 23 Eliciting and Refuting Testimony
• Chapter 24 Direct Examination of Lay Witnesses
• Chapter 25 Cross-Examination of Lay Witnesses
• Chapter 26 Direct Examination of Expert Witnesses
• Chapter 27 Cross-Examination of Expert Witnesses
• Chapter 28 Presenting Nontestimonial Evidence
• Chapter 29 Evidentiary Objections and Evidence Rulings
• Chapter 30 Preparation and Presentation of Closing Argument
• Chapter 31 Objections During Closing Argument
• Chapter 32 Jury Instructions
• Chapter 33 Verdicts and Verdict Sheets
• Chapter 34 Jury Deliberations and Rendition of Verdict

TRIAL MOTIONS AND POST-VERDICT PROCEEDINGS

• Chapter 35 Motion for Judgment During Trial (Directed Verdict)
• Chapter 36 Motion for New Trial During Trial (Mistrial)
• Chapter 37 Other Motions During Trial
• Chapter 38 Post-Verdict Proceedings

Table of Cases

Table of Statutes and Rules

Index

The latest edition of New York Trial Notebook updates 32 chapters with hundreds of recent casesand dozens of new tips and practice notes. Some of the many topics addressed are:

• Matters brought in Supreme Court and in Civil Court may be consolidated.
• Pro-consolidation trend continues in New York City Asbestos Litigation (NYCAL).
• An alleged law office error may not be enough to set aside an executed settlement.
• Plaintiff’s second voluntary discontinuance by notice under CPLR 3217(c) operated as an adjudication on the merits.
• When the trial court abused its discretion in dismissing a case, the parties’ high-low agreement should be enforced on retrial.
• While not binding on New York courts, two recent decisions of New York’s Southern District make an interesting contrast in considering whether the size of the firm bears on the decision to disqualify counsel.
• Verdict for plaintiff reversed and new trial required due to Supreme Court’s error in excluding from courtroom a witness who was defendant’s employee and designated representative and prohibiting the witness from communicating with defense counsel during the trial.
• Non-treating physician retained only as an expert may not testify regarding the history of an accident as related by the plaintiff or concerning the plaintiff’s medical complaints.
• Trial court properly precluded defendant’s expert testimony on the interpretation of section 9.1(b)(iii) of the 2003 ISDA Credit Derivatives Definitions (per the 2002 ISDA Master Agreement).
• Expert testimony/affidavits that defendants did not comply with American Society for Testing and Materials (ASTM) guidelines were insufficient to raise a triable issue of fact.
• Although New York courts did not have general jurisdiction over defendant international banking corporation, they nevertheless had jurisdiction for purposes of information subpoenas.
• The Court of Appeals has extended Batson to skin color, noting that “[p]ersons with similar skin tones are often perceived to be of a certain race and discriminated against as a result, even if they are of a different race or ethnicity.”
• Defendant waived objections to plaintiff’s Power Point presentation used in opening statement since defendant reviewed and consented to it in advance.
• Commercial Division Rule 32-a allows the court to require direct testimony by affidavit despite a party’s potential desire to testify live.
• In a civil trial, a witness’s refusal to answer a question by invoking a privilege may be the subject of comment by counsel and of a jury instruction.
• Supreme Court erred in admitting a police report without redacting accident diagram that was not derived from the officer’s personal observations.
• That a Facebook page contained defendant’s name and photo was not sufficient to establish that he had created the page.
• A photo of a tangible item may be useful to lay foundation for admissibility of the item itself.
• Two Court of Appeals rulings underscore that PowerPoint presentations may be used in closing argument, and that descriptive text may be added to PowerPoint slides.
• CPLR 5213(b), which requires that nonjury verdicts be itemized, applies to inquests.
• Plaintiff’s attempt to impeach defense doctor by introducing surreptitious, but undisclosed, video of the doctor’s independent medical examination backfires.
• Denial of an appeal as untimely is not an adjudication on the merits and does not deprive Supreme Court of the power to decide a post-trial motion already made.
• A motion for j.n.o.v or a new trial made before the same judge who tried the case may under the right circumstances be decided without the aid of the trial transcript.
• To remove issue of self-defense from the jury as a matter of law, jury’s finding must have been “utterly irrational,” rather than merely unreachable under any “fair interpretation of the evidence”.
• Whether a party has “substantially performed” may determine whether the opposing party is entitled to prejudgment interest and attorneys fees.
• After Supreme Court has entered judgment, it lacks jurisdiction to entertain post-judgment motions for statutory interest.
• Different rates of interest may be imposed for different parts of an award, particularly if the rate for part of the award is determined by contract.