Michael J. Hutter

June 28, 2021 | New York Law Journal

Reform of New York's learned treatise rules, unchanged since 1896 despite the advances in science and medicine since then, is in order.

By Michael J. Hutter

13 minute read

February 03, 2021 | New York Law Journal

In this edition of his Evidence column, Michael J. Hutter follows up on his prior discussion of recent decisions that addressed the question: Does the bare fact that an admission is recorded in a tangible document render it admissible and admissible for its truth?

By Michael J. Hutter

9 minute read

December 02, 2020 | New York Law Journal

In his Evidence column, Michael J. Hutter discusses three "worthy" Second Department decisions focusing on aspects of the business records exception to the hearsay rule which are frequently overlooked or misunderstood by litigants.

By Michael J. Hutter

11 minute read

September 30, 2020 | New York Law Journal

In his latest Evidence column, Michael J. Hutter discusses the 'Freeman' decisions.

By Michael J. Hutter

13 minute read

August 05, 2020 | New York Law Journal

In his Evidence column, Michael J. Hutter discusses statutes that emerged to curtail or otherwise overrule New York's common law that permitted the admission of evidence of the past sexual behavior of the complainant in a sexual assault prosecution to establish the complainant's unchaste character.

By Michael J. Hutter

13 minute read

June 05, 2020 | New York Law Journal

In his Evidence column, Michael J. Hutter discusses a recent decision that addressed the question of whether a corporation's former high-level employee who would have been viewed as the client under the 'Upjohn' standard while employed, retained that status when his employment with the corporation was terminated and he was now working for the corporation in the same capacity but as a "consultant" on a contractual basis.

By Michael J. Hutter

13 minute read

April 01, 2020 | New York Law Journal

Admissibility of the results of demonstrations and experiments turns upon the establishment of a proper foundation for their admission into evidence. In this edition of his Evidence column, Michael J. Hutter explores the nature of this required foundation.

By Michael J. Hutter

12 minute read

February 05, 2020 | New York Law Journal

There has been a spate of criticism of New York's excited utterance exception to the hearsay rule over the past 18 months, most recently in December 2019. In his Evidence column the author discusses those criticisms in detail and offers a recommendation for the courts and the Legislature regarding the future of the exception

By Michael J. Hutter

13 minute read

December 04, 2019 | New York Law Journal

In this final Evidence column of 2019, Michael J. Hutter presents a quiz that will test your knowledge of notable evidence-related legislative and case law developments from the past year. Get your bluebooks ready—your time begins...now!

By Michael J. Hutter

14 minute read

October 02, 2019 | New York Law Journal

in his Evidence column, Michael J. Hutter discusses the background and decision in 'Brito v. Gomez', where the issue was whether a plaintiff who makes a claim for lost earnings and/or loss of enjoyment of life waives the physician-patient privilege with respect to prior injuries not raised in the action by the plaintiff.

By Michael J. Hutter

12 minute read