§ 4501 Self-Incrimination
§ 4502 Spouse
§ 4503 Attorney
§ 4504 Physician, Dentist, Podiatrist, Chiropractor and Nurse
§ 4505 Confidential Communication to Clergy Privileged
§ 4506 Eavesdropping Evidence; Admissibility; Motion to Suppress in Certain Cases
§ 4507 Psychologist
§ 4508 Social Worker
§ 4509 Library Records
§ 4510 Rape Crisis Counselor or Domestic Violence Advocate
§ R4511 Judicial Notice of Law
§ 4512 Competency of Interested Witness or Spouse
§ 4513 Competency of Person Convicted of Crime
§ R4514 Impeachment of Witness by Prior Inconsistent Statement
§ R4515 Form of Expert Opinion
§ R4516 Proof of Age of Child
§ R4517 Prior Testimony in a Civil Action
§ R4518 Business Records
§ 4519 Personal Transaction or Communication Between Witness and Decedent or Person With a Mental Illness
§ 4519-A Possession of Opioid Antagonists; Receipt Into Evidence
§ R4520 Certificate or Affidavit of Public Officer
§ R4521 Lack of Record
§ R4522 Ancient Filed Maps, Surveys and Records Affecting Real Property
§ R4523 Search by Title Insurance or Abstract Company
§ R4524 Conveyance of Real Property Without the State
§ R4525 Copies of Statements Under Article Nine of the Uniform Commercial Code
§ R4526 Marriage Certificate
§ 4527 Death or Other Status of Missing Person
§ R4528 Weather Conditions
§ R4529 Inspection Certificate Issued by United States Department of Agriculture
§ 4530 Certificate of Population
§ R4531 Affidavit of Service or Posting Notice by Person Unavailable At Trial
§ R4532 Self-Authentication of Newspapers and Periodicals of General Circulation
§ R4532-A Admissibility of Graphic, Numerical, Symbolic or Pictorial Representations of Medical or Diagnostic Tests
§ 4532-B Enacted Without Section Heading
§ R4533 Market Reports
§ R4533-A Prima Facie Proof of Damages
§ R4533-B Proof of Payment by Joint Tort-Feasor
§ R4534 Standard of Measurement Used by Surveyor
§ R4536 Proof of Writing by Comparison of Handwriting
§ R4537 Proof of Writing Subscribed by Witness
§ R4538 Acknowledged, Proved or Certified Writing; Conveyance of Real Property Without the State
§ R4539 Reproductions of Original
§ R4540 Authentication of Official Record of Court or Government Office in the United States
§ R4540-A Presumption of Authenticity Based On a Party’s Production of Material Authored or Otherwise Created by the Party
§ R4541 Proof of Proceedings Before Justice of the Peace
§ R4542 Proof of Foreign Records and Documents
§ 4543 Proof of Facts or Writing by Methods Other Than Those Authorized in This Article
§ 4544 Contracts in Small Print
§ 4545 Admissibility of Collateral Source of Payment
§ 4546 Loss of Earnings and Impairment of Earning Ability in Actions for Medical, Dental or Podiatric Malpractice
§ 4547 Compromise and Offers to Compromise
§ 4548 Privileged Communications; Electronic Communication Thereof
§ 4549 Admissibility of an Opposing Party’s Statement

Terms Used In New York Laws > Civil Practice Law and Rules > Article 45 - Evidence

  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probate: Proving a will
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Verdict: The decision of a petit jury or a judge.