Michael J. Hutter

December 04, 2024 | New York Law Journal

This articles discusses New York's attorney-client privilege laws. "Due to the unquestionable importance of the privilege in the representation of a client by the attorney and the maintenance of the attorney’s professional ethical allegations, keeping abreast of judicial decisions addressing the application of the privilege is a must for New York attorneys."

By Michael J. Hutter

12 minute read

October 03, 2024 | New York Law Journal

This column will set forth a suggested specific approach to determine the admissibility of uncharged crimes or bad acts of a party in either a civil or criminal action.

By Michael J. Hutter

12 minute read

August 13, 2024 | New York Law Journal

Columnist Michael J. Hutter continues his discussion of the Court of Appeals 2023-2024 term, "addressing significant evidence issues."

By Michael J. Hutter

13 minute read

June 05, 2024 | New York Law Journal

The 2023–2024 term of the Court of Appeals has seen a large uptick in the number of appeals decided by the court as compared to previous terms. This is especially true as to decisions deciding important and significant evidence issues.

By Michael J. Hutter

13 minute read

April 03, 2024 | New York Law Journal

Inquiries received from Michael J. Hutter's previous Evidence column, together with the Supreme Court's grant of certiorari and then subsequent dismissal of the appeal as improvidently granted in 'In re Grand Jury', suggest a discussion of the status if dual purpose communications in New York is both timely and appropriate.

By Michael J. Hutter

13 minute read

February 14, 2024 | New York Law Journal

A unanimous decision from the Court of Appeals forcefully emphasized that in legal matters, either in response to a FOIL request or in civil litigation, a governmental entity and its counsel are entitled to engage in confidential communications with counsel to discuss, establish and maintain its legal position, protected by the privilege. Due to the significance of the case, this article discusses the court's decision and the takeaways from it.

By Michael J. Hutter

11 minute read

December 06, 2023 | New York Law Journal

The Supreme Court and the Court of Appeals through the years have debated the appropriate ambit of the 'Bruton' and 'Crawford' confrontation rules of exclusion. This ongoing debate has been dramatically evidenced by three recent decisions. As these decisions greatly impact the prosecution and defense of criminal defendants in the New York state courts, this column will address them.

By Michael J. Hutter

13 minute read

October 04, 2023 | New York Law Journal

The past judicial year produced numerous decisions resolving evidentiary disputes. While it is not feasible to discuss all of them, it is worthwhile to focus on several decisions that all practitioners should note and keep in their evidence toolkit, along with the "Guide to New York Evidence."

By Michael J. Hutter

12 minute read

August 02, 2023 | New York Law Journal

The rules governing impeachment by prior inconsistent statements as set forth in Guide Rule 6.15 are well-settled. Yet errors in their application, or a misunderstanding thereof, do occur, as shown by recent Appellate Division decisions. Perhaps a refresher on these rules is worthwhile.

By Michael J. Hutter

12 minute read

May 31, 2023 | New York Law Journal

This column will discuss New York's rule of completeness as presently applied. The discussion is timely in view of a proposed amendment to Federal Rule of Evidence (FRE) 106, which codifies the federal version of the common law rule of completeness.

By Michael J. Hutter

12 minute read