Guide to NY Evidence
Comparison of the Federal Rules of Evidence (FRE) & Guide to NY Evidence (GNYE) GNYE incudes more rules of evidence than contained in the FRE; thus the GNYE rules that do not have a FRE counterpart are not listed here. Below is a listing of those GNYE rules which in some way parallel a FRE rule. Click on the FRE section number to link to the rule. |
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|---|---|
| FEDERAL RULES OF EVIDENCE | GUIDE TO NY EVIDENCE |
| ARTICLE I. GENERAL PROVISIONS | |
| 101. Scope; Definitions | 1.01. Scope of the Guide to NY Evidence |
| 102. Purpose | 1.02. Purpose & Construction |
| 103. Rulings on Evidence | 12.01. Preservation & Appellate Review |
104 (a) & (c). Preliminary Questions; In General 104 (b). Relevance that depends on a fact |
1.09. Court determination of Preliminary Questions 4.05. Conditional Relevance (Subject to Connection) |
| 105. Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes | 4.07. Limited Admissibility of Relevant Evidence |
| 106. Remainder of or Related Writings or Recorded Statements | 4.04. Completing & Explaining Relevant Evidence |
| ARTICLE II. JUDICIAL NOTICE | |
| 201. Judicial Notice of Adjudicative Facts | 2.01. Judicial Notice of Facts |
| ARTICLE III. PRESUMPTIONS IN CIVIL CASES | |
| 301. Presumptions in Civil Cases Generally | 3.01. Presumptions in Civil Cases 3.07. Presumption of Regularity |
| 302. Applying State Law to Presumptions in Civil Cases | N/A |
| ARTICLE IV. RELEVANCE AND ITS LIMITS | |
| 401. Test for Relevant Evidence | 4.01. Relevant Evidence |
| 402. General Admissibility of Relevant Evidence | |
| 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons | 4.06. Exclusion of Relevant Evidence |
| 404. Character Evidence; Other Crimes, Wrongs, or Acts 405. Methods of Proving Character |
4.09, Character Evidence & Methods of Proof 4.10. Character Evidence Re: Affirmative Defenses 4.11. Character Evidence Re: Justification Defense 4.38. Molineux: Evidence of Crimes and Wrongs |
| 406. Habit; Routine Practice | 4.12. Habit Evidence |
| 407. Subsequent Remedial Measures | 4.19. Subsequent Remedial Measures |
| 408. Compromise Offers and Negotiations | 4.16. Offers to Compromise |
| 409. Offers to Pay Medical and Similar Expenses | 4.18. Payment of Medical Expenses |
| 410. Pleas, Plea Discussions, and Related Statements | 4.32 Evidence of Plea & Ancillary Statements |
| 411. Liability Insurance | 4.15. Liability Insurance |
| 412. Sex-Offense Cases: The Victim’s Sexual Behavior or Predisposition | 4.22. Complainant’s Sexual Conduct or Dress |
| 413. Similar Crimes in Sexual-Assault Cases | 4.38. Molineu: Evidence of Crimes and Wrongs |
| 414. Similar Crimes in Child Molestation Cases | |
| 415. Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation | |
| ARTICLE V. PRIVILEGES | |
| 501 . Privilege in General | Article 5 - Privileges |
| 502 . Attorney-Client Privilege and Work Product; Limitations on Waiver | 5.03. Attorney Privilege |
| ARTICLE VI. WITNESSES | |
| 601. Competency to Testify in General | 6.01. Competency of a Witness to Testify 6.02 Competency of Previously Hypnotized Witness 6.02.7. Dead Man’s Statute |
| 602. Need for Personal Knowledge | 6.07. Non-expert Limited to Personal Knowledge |
| 603. Oath or Affirmation to Testify Truthfully | 6.05. Oath or Affirmation to Testify |
| 604. Interpreter | 6.04. Interpreter |
| 605. Judge’s Competency as a Witness | 6.02.3. Competency of Judge as Witness |
| 606. Juror’s Competency as a Witness | 6.02.5. Competency of Juror as Witness or to Impeach Verdict |
| 607. Who May Impeach a Witness | 6.11. Impeachment, When Authorized and Provable by Extrinsic Evidence |
| 608. A Witness’s Character for Truthfulness or Untruthfulness | 6.23. Impeachment by Reputation for Untruthfulness and Rebuttal |
| 609. Impeachment by Evidence of a Criminal Conviction | 6.19. Impeachment by Prior Conviction |
| 610. Religious Beliefs or Opinions | 6.21. Impeachment by Religious Belief |
| 611. Mode and Order of Examining Witnesses and Presenting Evidence | 1.07. Court Control over Presentation of Evidence |
| 612. Writing Used to Refresh a Witness’s Memory | 6.08. Refreshing Witness Recollection |
| 613. Witness’s Prior Statement | 6.15. Impeachment by Inconsistent Statement |
| 614. Court’s Calling or Examining a Witness | 1.11. Court Power to Call or Examine Witnesses |
| 615. Excluding Witnesses | 6.03. Exclusion of Witness & Ban on Discussing Testimony 6.03.1 Exclusion of Distruptive Defendant |
| ARTICLE VII. OPINIONS AND EXPERT TESTIMONY | |
| 701 . Opinion Testimony by Lay Witnesses | 7.03. Opinion of Lay Witness |
| 702 . Testimony by Expert Witnesses | 7.02. Opinion of Expert Witness 6.26.1 Impeachment of Expert |
| 703 . Bases of an Expert’s Opinion Testimony | |
| 704 . Opinion on an Ultimate Issue | |
| 705 . Disclosing the Facts or Data Underlying an Expert’s Opinion | |
| 706 . Court-Appointed Expert Witnesses | ----- |
| ARTICLE VIII. HEARSAY | |
| 801 . Definitions That Apply to This Article; Exclusions from Hearsay | 8.00. Definition of Hearsay |
| 802 . The Rule Against Hearsay | 8.01. Admissibility of Hearsay |
| 803 . Exceptions to the Rule Against Hearsay — Regardless of Whether the Declarant Is Available as a Witness | Article 8 - Hearsay |
| 804 . Hearsay Exceptions; Declarant Unavailable | |
| 805 . Hearsay Within Hearsay | 8.21. Hearsay in Hearsay |
| 806 . Attacking and Supporting the Declarant’s Credibility | 6.15.1. Impeachment of Hearsay Declarant |
| 807. Residual Exception | 8.01(c). [No "residual exception" in NY] |
| ARTICLE IX. AUTHENTICATION AND IDENTIFICATION | |
| 901 . Authenticating or Identifying Evidence | 9.01. Authenticating & Identifying Evidence, In General 9.02. Methods of Authentication & Identification |
| 902 . Evidence That Is Self-Authenticating | 9.03. Self-authenticating Evidence |
| 903. Subscribing Witness's Testimony | 9.02(2).Methods of Authentication & Identification |
| ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS | |
| 1001 . Definitions That Apply to This Article | 10.01. Definitions [re: Best Evidence Rule] |
| 1002 . Requirement of the Original | 10.03. Best Evidence Rule |
| 1003 . Admissibility of Duplicates | 10.05. Exception for Certain Reproductions + Copies |
| 1004 . Admissibility of Other Evidence of Content | 10.07. Exception when Original Missing or Collateral |
| 1005 . Copies of Public Records to Prove Content | ----- |
| 1006 . Summaries to Prove Content | 10.11. Exception for Summary of Voluminous Material |
| 1007 . Testimony or Statement of a Party to Prove Content | 10.09. Exception for Admission of Contents |
| 1008 . Functions of the Court and Jury | Article I [Court’s Role] |
| ARTICLE XI. MISCELLANEOUS RULES | |
| 1101 . Applicability of the Rules | Scope of the Guide to NY Evidence |
| 1102 . Amendments | ----- |
| 1103 . Title | 1.00 Title |
