Laws of Court admitting evidence

[snostar]

What is the name of your state?NY

As ordered through the court a forensic evaluation and report was produced. In trial my attorney referenced the report, questioned my ex about it, and the judge allowed testimony concerning report (opposing attorney’s adamantly objected was overruled). My attorney did not request it be admitted as evidence; it is part of the court file. When the opposing attorney attempted to question me concerning the report – the COURT immediately entered the report in evidence. The opposing attorney’s objection to this was overruled. What are the rules for a court admitting evidence? I have searched NY Civil Procedure Laws and have yet to find anything concerning a court admitting evidence. My attorney mentioned that the judge really can’t do this, so now want to find out exactly why they can’t. Does anyone know why or where else I should look for answers?

At this point I am pleased to have it entered as evidence, but I would also like to know if by doing so…… has the court made an error which could lead to a possible appeal?

Also, Happy Father’s Day to All you Dad’s!

 

[snostar]

What I found out

Prior to being admitted into evidence, the evaluator should have been sworn in and testified to being the author of the report as court ordered. Appeals have been made based on this type of situation but, Court orders have not been reversed by the Appellate Division based solely on this type of inaccuracy in admittance of evidence.

The evaluator will be sworn in, and testify to producing the report this Thursday.

 

[JETX]

The New York "Rules of Evidence" can be found in CPLR, Article 45. An online copy can be found at:
http://assembly.state.ny.us/leg/?cl=16&a=36

 

[snostar]

Article 45 covers what can be admitted into evidence and under what circumstances. It does not describe the proper procedure required to admit evidence. I’ll ask my attorney about it while we are waiting to be heard in court. That’s when I get my private law lessons!