New York Matrimonial Trial Handbook
The New York Matrimonial Trial Handbook by Joel R. Brandes is available online in the print edition at the Bookbaby Bookstore and other bookstores. It is now available in Kindle ebook editions and epub ebook editions in our website bookstore. It is also available at Amazon Kindle, Barnes & Noble and Goodreads.
The New York Matrimonial Trial Handbook was written for both the attorney who has never tried a matrimonial action and for the experienced litigator. It is a “how to” book for lawyers. This 836 page handbook focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a matrimonial action. It is intended to be an aid for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. The handbook deals extensively with the testimonial and documentary evidence necessary to meet the burden of proof. There are thousands of suggested questions for the examination of witnesses at trial to establish each cause of action and requests for ancillary relief, as well as for the cross-examination of difficult witnesses. Table of Contents
Friday, April 27, 2012
Program, which allows citizens of certain countries to enter the United States for ninety
days without the need for any prior visa to be arranged. Petitioner's reply focused on the "full" police report and in support attached a declaration from his attorney who asserted that the report did not accurately reflect the communications he had with Detective Nolen and stated in relevant part: (1) he spoke only once with Detective Nolen on January 13, 2012 and during that conversation Detective Nolen informed him that the police were seriously investigating petitioner's claim and the police were aware of and investigating a group of people who had been making similar threats; (2) at the conclusion of the call they made tentative plans to discuss the matter again in two weeks but Detective Nolen did not call him back or take him up on his offer to communicate with petitioner; (3) during the call, Detective Nolen did not state that the investigation would be closed if they did not talk again within two weeks; (4) until receiving respondent's opposition he had not seen a "full" police report and as of that date believed that the police investigation remained open; and (5) the ten day letter sent by Detective Nolen was sent to petitioner's German counsel and not to Mr. Scott.
The district court observed that Rule 43(a) permits "for good cause shown in compelling circumstances and upon appropriate safeguards" the "contemporaneous transmission" of testimony to a hearing from a "different location." The Advisory Committee Notes make clear that there is a decided preference for live testimony in open court: “Contemporaneous transmission of testimony from a different location is permitted only on showing good cause in compelling circumstances. The importance of presenting live testimony in court cannot be forgotten. The very ceremony of trial and the presence of the factfinder may exert a powerful force for truthtelling. The opportunity to judge the demeanor of a witness face-to-face is accorded great value in our tradition. Transmission cannot be justified merely by showing that it is inconvenient for the witness to attend the trial.” As an example of "compelling circumstances," the Notes offer "unexpected reasons, such as accident or illness" but, even these should be balanced against the advantages and disadvantages of rescheduling the trial. The Notes add that "[o]ther possible justifications for remote transmission must be approached cautiously."The Court was not convinced that petitioner established good cause or compelling circumstances and denied his motion.