This is the fourth edition of New York Courtroom Evidence. It has been used by judges and lawyers for over twenty-two years as a ready source of reference during trials and preparation. This fourth edition lays out time-honored principles of evidence, while honing in on those principles as they have been fleshed out over the twenty years since the first publication of the book.
New York Courtroom Evidence recognizes the reasoning underlying the various rules, so if the reason for the rule fades, the new rule grows from well known principles. This book not only contains black-letter rules of evidence, but also explores areas of disagreement amongst the courts.
New York Courtroom Evidence, covers such key concepts and principles as:
- Laying a Foundation
- Objecting to Evidence
- Improper Argument by Counsel
- Admission of Real Evidence
- Introduction of Photograph or Videotape
- Introduction of Information Derived from a Scientific Principle, Procedure, or Test
- Admission of a Business Record
- Photocopies
- Foundation for a Police Accident Report
- Foundation for Medical Records
John E. Durst, Jr. has been a trial lawyer in New York City for over thirty years and is the managing Partner of the Durst Law Firm. He specializes in plaintiffs' product liability cases, but has tried a wide variety of civil cases including commercial and divorce cases.
After graduating law school in 1980, Mr. Durst worked for Fuchsberg & Fuchsberg and then O'Dwyer and Bernstein where he represented the Government of Iran in their lawsuit against the Shah of Iran - a matter involving the constitutionality of the Iran-US Hostage Agreement that was argued before the United States Supreme Court. He then became the head of the products liability department at Queller Fisher. Mr. Durst founded the Durst Law Firm in 1990.
A former board member of the New York State Trial Lawyers Association and a life member of the Multimillion Dollar Advocates Forum, Mr. Durst has published over 17 law review articles on trial practice and was the managing editor of the New York State Trial Lawyers Quarterly for 10 years. He has lectured for the New York State Bar Association, New York State Trial Lawyers Association, American Bar Association and the Nassau County Lawyers Association.
Mr. Durst is the author of Modern New York Discovery (1982); For Art of That Advocacy - Cross Examination of Lay Witnesses (1985); seven chapters from Frumer and Friedmans Products Liability; as well as the first three editions of New York Courtroom Evidence. He is also co-author with Richard Farrell of an audiotape series on Developments in New York Law.
Mr. Durst's evidentiary blog and tutorials on evidentiary issues are available on his website at www.nynylaw.com. This website also contains a summary of cases of significance as they come down from the appellate divisions and the New York Court of Appeals.