New York Courts dot gov
New York StateUnified Court System


Guide to NY Evidence


The objective of this Guide to New York Evidence, as set forth in Rule 1.01, "is to bring together in one document, for the benefit of the bench and bar, New York's existing rules of evidence, setting forth each rule with a note on the sources for that rule.

Given that most of New York's evidentiary rules are not codified and that the New York Court of Appeals provides the controlling interpretation of the New York State constitution, statutes and common law, this Guide places particular emphasis on and adheres to the controlling precedents of the New York Court of Appeals. The rules of evidence set forth in this Guide are not intended to alter the existing law of New York evidence and shall not be construed as doing so or as precluding a change in the law."

The Committee wishes to acknowledge, with thanks, the editorial assistance of the State Reporter (William J. Hooks, Ret. and Cara J. Brousseau) and the staff of the Law Reporting Bureau.

Internet Publication and Copyright

The Guide to New York Evidence is copyrighted by the New York State Unified Court System. The New York State Unified Court System does not publish the Guide to New York Evidence in a hard copy book; nor is anyone authorized to publish a hard copy book of the Guide to New York Evidence for general circulation.

The New York State Unified Court System publication of the Guide to New York Evidence solely by the internet allows for more rapid dissemination of new rules and revisions and provides the bench and bar with free, widespread access, including in a courtroom via a computer, tablet, or smartphone. For those who nonetheless prefer an individual hard copy for their sole use and not otherwise for publication, there is on the Table of Contents page of each article a document entitled: "Article [#] Rules." That is a single pdf document of all the rules in that article. A print of each of those pdf documents will result in a hard copy of the Guide to New York Evidence. Over time, however, there will be additional rules and revisions of existing rules; it will therefore be necessary to verify periodically that the printed copy remains a complete and up-to-date "book." Thus, on the Table of Contents page of each article, the "Last update" date of one or more rules in that article will be noted under the link: "Article [#] Rules."


New York Unified Court System Guide To NY Evidence Committee

Hon. William C. Donnino*
Hon. Susan Phillips Read*

Professor Michael J. Hutter
Albany Law School

Shane T. Hegarty


Hon. Lucy Billings
Hon. John Brunetti*
Hon. Fernando Camacho
Hon. Felix Catena
Hon. Mark Cohen*
Hon. Daniel Conviser
Hon. Thomas Franczyk
Hon. Bernard Fried*
Hon. Judith Gische
Hon. Teresa Johnson
Hon. Barry Kamins*
Hon. John Leventhal*
Hon. Martin Marcus
Hon. Robert Miller
Hon. Mary Work*

* Retired