COMMON EVIDENTIARY ISSUES IN NO-FAULT

I made this list of issues that come up at trial consistently. The headings and sections come from Richardson on Evidence.

ARTICLE III

PRESUMPTIONS AND BURDEN OF PROOF

1. § 3-128 Mailing and Delivery
2. § 3-140 The “Missing Witness”

ARTICLE IV

RELEVANCY AND CIRCUMSTANTIAL EVIDENCE

3. § 4-101 Relevancy – The Primary Standard of Admissibility

ARTICLE VI

WITNESSES

4. § 6-110 Parties to the Suit or Interested Persons
5. § 6-114 The “Advocate-Witness Problem”
6. § 6-226 Questions Assuming Controverted Facts

ARTICLE VII

OPINION–EXPERT WITNESS

7. § 7-310 Where Expert Lacks Personal Knowledge – Hypothetical Question
8. § 7-312 Hearsay Sources
9. § 7-317 X-rays, MRI’s, etc.

ARTICLE VIII

HEARSAY

10. § 8-101 Hearsay Defined

ADMISSIONS-GENERAL

11. § 8-201 Admission—Defined

FORMAL JUDICIAL ADMISSIONS

12. § 8-215 Formal Judicial Admissions
13. § 8-219 Informal Judicial Admissions

BUSINESS RECORDS

14. § 8-301 Business Records Exception to the Hearsay Rule
15. § 8-303 The New York Statute – CPLR 4518
16. § 8-304 Production of Original Books
17. § 8-305 Foundation Requirements
18. § 8-306 Testimony Needed to Lay Foundation
19. § 8-308 Application of Business Rule—In General
20. § 8-309 Business Records – Hospital and Medical Records Generally

ARTICLE IX

AUTHENTICATION AND PROOF OF WRITINGS

21. § 9-101 Necessity of Showing Authenticity of Writing

ARTICLE X

THE BEST EVIDENCE RULE

22. § 10-101 Rule Stated
23. § 10-105 Rule Applies only to Proof of Contents
24. § 10-110 Photographic and Similar Reproductions

SECONDARY EVIDENCE

25. § 10-201 Foundation for Secondary Evidence
26. § 10-206 Destruction by Party Offering Secondary Evidence

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