Michael J Hutter

February 01, 2023 | New York Law Journal

Due to the importance of the privilege, keeping abreast of judicial decisions construing these elements, waiver rules and exceptions is a must for New York attorneys. Last year there were several notable privilege decisions discussing these elements which prompts this column.

By Michael J. Hutter

12 minute read

December 13, 2022 | New York Law Journal

The Court of Appeals needs to resolve the Appellate Division split and provide guidance as to the extent of permissible discovery, if any at all. The court would do no wrong to follow 'Loiselle' and 'Beaudette'.

By Michael J. Hutter

13 minute read

October 05, 2022 | New York Law Journal

The application of New York's witness sequestration rule is committed to the sound discretion of the trial court. Its hallmark is the flexibility to apply the rule to guard against the risk of perjury. Counsel should be ready to ask the trial court to shape any sequestration rule to achieve this goal.

By Michael J. Hutter

14 minute read

August 03, 2022 | New York Law Journal

The court issued decisions addressing, among other evidence matters, the admissibility of screenshots, expert testimony concerning false confessions, impeaching evidence as limited by the collateral evidence rule, 911 calls under the present sense impression hearsay exception and expert scientific DNA evidence based on complex computer analysis. The court also had two of its prior decisions addressing Confrontation Clause issues rejected by the U.S. Supreme Court.

By Michael J. Hutter

19 minute read

June 01, 2022 | New York Law Journal

A recent EDNY decision by U.S. Magistrate Judge James Wicks Judge Wicks is read-worthy as it provides a road-map for the assertion of the attorney-client privilege when the client as deponent is sought to be examined regarding what transpired and was said during a break in the client's deposition.

By Michael J. Hutter

11 minute read

April 06, 2022 | New York Law Journal

There were many "under the radar" decisions which the bar might overlook but should be aware of and keep in its evidence toolbox along with a copy of the Guide to New York Evidence.

By Michael J. Hutter

12 minute read

February 14, 2022 | New York Law Journal

CPLR 4549 is a significant evidentiary enactment. It deserves careful study not just because it creates a new hearsay exception but also because the statute, based as it is on New York's common law evidence landscape, differs in certain important respects from the FRE representative admissions exceptions. Michael J. Hutter devotes this edition of his Evidence column to CPLR 4549.

By Michael J. Hutter

12 minute read

December 01, 2021 | New York Law Journal

Recent appellate decisions show that while the courts may be receptive to the admission of habit evidence, the courts will in fact approve the admission only after a rigorous examination of the foundation proof proffered, and carefully limit the evidentiary force of the habit when admitted.

By Michael J. Hutter

14 minute read

October 06, 2021 | New York Law Journal

Over the past 12 months, the New York courts, federal and state, have decided several cases that are instructive concerning the scope of the privilege and how the privilege may be maintained or lost. As these decisions can be viewed as "under the radar," and thus overlooked, Michael J. Hutter will focus on them in this edition of his Evidence column.

By Michael J. Hutter

13 minute read

August 04, 2021 | New York Law Journal

In New York federal court actions, FRE 612 and federal court decisions interpreting it provide guidance regarding disclosure of documents to witnesses. However, in New York courts, in the absence of a governing statutory provision and Court of Appeals precedent, there is less clarity than in federal court. In this edition of his Evidence column, Michael J. Hutter discusses a recent federal court decision tackling some of the issues that arise.

By Michael J. Hutter

11 minute read