New York Matrimonial Trial Handbook 2nd

The New York Matrimonial Trial Handbook 2d Edition (Bookbaby, 2024) by Joel R. Brandes of the New York Bar 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 handbook is a companion work to his 12-volume treatise, Law and the Family New York, 2024-2025 Edition (Thomson Reuters), which contains extensive coverage of the law related to matrimonial actions and family court proceedings.

The New York Matrimonial Trial Handbook 2d Edition 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 and custody case. It is intended to be an aid for preparing for a trial and a reference for the procedure in offering and objecting to evidence during a trial. The book 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 examination of experts and cross-examination of difficult witnesses.

The New York Matrimonial Trial Handbook, 2d Editions is available in electronic and pdf editions at the Consulting Services Bookstore at https://www.nysdivorce.net/new-york-matrimonial-trial-handbook-2d-edition.html 

This Second Edition includes changes in the law and important cases decided by the New York courts since the First Edition was published in 2017. It is current through September 1, 2024. It contains additional questions for the examination of witnesses, and covers the recent revisions to the Diagnostic and Statistical Manual of Mental Disorders (DSM-5 TR) and the new APA Guidelines for Child Custody Evaluations. 

The New York Matrimonial Trial Handbook 2d Edition includes:
(1) a new chapter titled Preserving the Right to Appeal;
(2) revised sections covering: Authentication of Text Messages and questions for their Introduction into Evidence, and Authentication of email and Questions for Introduction;
(3) additional questions for the examination of witnesses: Direct Examination of Employee Benefits and Executive Compensation Evaluator; Questions for Laying Foundation for Admission of Photograph into Evidence; and Questions for Laying Foundation for Admission of Photograph into Evidence by Photographers’ Testimony;
(4) Revisions to 22 NYCRR 202.16, 22 NYCRR 202.16-a, 22 NYCRR 202.16-b, and 22 NYCRR 202.18
(5) and the following new sections.
Admissibility of Evidence - Exceptions to the Rule against Hearsay – CPLR 4549 –
Admissibility of an opposing party’s statement
Admissibility of Evidence - Consumer of legal services and a legal or lawyer referral service privilege - Judiciary Law §498
Admissibility of Evidence - Privilege - Rape crisis counselor-client privilege - Civil Practice Law and Rules § 4510.
Admissibility of Evidence – Authentication
Blind Persons Right to Parent - Domestic Relations Law § 75-m

Custody Proceedings – Evidence - In-camera and Lincoln interviews - Duty to Check Accuracy

Counsel Fee awards – Presumption in favor of counsel fees to less monied spouse – Determining who is the monied spouse
Counsel Fees to Monied Spouse

Disclosure of films, photographs, videotapes, or audio tapes

Domestic Relations Law § 236 (B) (5) (d) - The Sixteen Factors - Factor (12) - Wasteful dissipation of assets by either spouse
Domestic Relations Law § 236 (B) (5) (d) - The Sixteen Factors - Factor (13) - Transfer or encumbrance made in contemplation of a matrimonial action
Domestic Relations Law § 236 (B) (5) (d) - The Sixteen Factors - Factor (14) - Acts of Domestic Violence
Domestic Relations Law § 236 (B) (5) (d) - The Sixteen Factors - Factor 15 - Best Interest of Companion Animals
Domestic Relations Law § 236 (B) (5) (d) - The Sixteen Factors - Factor Sixteen - Any other factor which the court shall expressly find to be just and proper

Foundation for Evidence - Res Judicata
Foundation for Evidence - Collateral Estoppel Foundation for Evidence - On the Merits and Without Prejudice
Foundation for Admission of Photographs into Evidence
Marital Property after Discontinuance of Prior Action

Preclusion of Expert Testimony at Trial for Failure to Comply with CPLR 3101(d)
Preclusion of Fact Witness or Evidence For Violation of Order To Submit Pre-Trial Witness List And Exhibit List

Property Distribution – Allocation of Marital Assets and Marital Debts – Contingent Distribution
Property Distribution - Separate Property Becomes Marital Property - Transmutation and Commingling
Property Distribution - Retirement Benefits, Severance Payments, Stock Plans, Bonuses and Deferred Compensation - Employer Bonuses
Property Distribution - Retirement Benefits, Severance Payments, Stock Plans, Bonuses and Deferred Compensation - Deferred Compensation
Property Distribution - Retirement Benefits, Severance Payments, Stock Plans, Bonuses and Deferred Compensation - Severance payments
Property Distribution - Retirement Benefits, Severance Payments, Stock Plans, Bonuses and Deferred Compensation - Early Retirement Incentive Payments
Property Distribution - Effect of Post-Judgment Events Upon Spouse's Share of Retirement Benefits Property Distribution - Restricted stock and stock option benefit plans
Rebuttable presumption of authenticity of material produced pursuant to Article 31 demand – CPLR 4540-a

Requirement of Acknowledged Agreement in Matrimonial Actions

Support orders for Adult Dependents - Domestic Relations Law §240-d

The Basic Child Support Obligation - Presumed to meet basic needs