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We found 2 results for “new york matrimonial trial handbook 2d ”

Full ImagePreview ImageNew York Matrimonial Trial Handbook 2nd by Joel R. Brandes | BookBaby Bookshophttps://store.bookbaby.com/book/new-york-matrimonial-trial-handbook-2ndThis 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-mCustody Proceedings – Evidence - In-camera and Lincoln interviews - Duty to Check AccuracyCounsel 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 tapesDomestic 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 properFoundation 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 ActionPreclusion 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 ListProperty 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-aRequirement of Acknowledged Agreement in Matrimonial ActionsSupport orders for Adult Dependents - Domestic Relations Law §240-dThe Basic Child Support Obligation - Presumed to meet basic needs Paperback
Full ImagePreview ImageNew York Matrimonial Trial Handbook by Joel Brandes | BookBaby Bookshophttps://store.bookbaby.com/book/new-york-matrimonial-trial-handbook1The New York Matrimonial Trial Handbook, by Joel R. Brandes, is devoted solely to the trial of a New York matrimonial action. It is a courtroom reference book to be used during the trial to enable counsel to successfully handle unusual evidentiary issues that frequently arise only in matrimonial actions. It is also an encyclopedia of questions for the direct and cross-examination of the parties and witnesses. It contains thousands of questions to ask in order to establish each element of a party's cause of action and requests for ancillary relief. The New York Matrimonial Trial Handbook has one purpose - to help an attorney try a matrimonial action. Its scope is limited to that part of a matrimonial action that begins after trial preparation has been completed, and ends with the conclusion of the trial. The New York Matrimonial Trial Handbook is divided into five parts. Part 1 deals with preliminary matters, how to conduct a trial and the rules of evidence. Part 2 covers obtaining a divorce, separation, or annulment with questions to establish a prima facie case. Part 3 is devoted to obtaining maintenance, child support, exclusive occupancy of the marital residence, counsel fees and other ancillary relief. Part 4 deals with equitable distribution of marital property and the determination of separate property. Part 5 contains extensive coverage of custody litigation. Each Part of the Handbook includes the relevant substantive and procedural law, and the law of evidence related to that Part, and contains suggested questions for the examination and cross-examination of the parties and their witnesses.Hardcover

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