New York Mock Trial Rules

Northeast

NY · Capital: Albany

Evidence Rules

New York Common Law Rules of Evidence

Citation: N.Y. CPLR § [section] / Prince, Richardson on Evidence

Key Differences from Federal Rules of Evidence

New York has never adopted a codified rules of evidence, relying entirely on case law and statutory provisions in the CPLR
The Frye/Parker standard governs scientific evidence admissibility rather than the federal Daubert standard
New York follows the Molineux rule for other crimes evidence, which predates and differs from FRE 404(b)
Dead Man statute (CPLR 4519) bars interested survivors from testifying about personal transactions with deceased persons

Notable Rules

Rule	Description
CPLR § 4519	Dead Man statute prohibiting testimony by interested parties about transactions with a deceased or mentally ill person
CPLR § 4518	Business records exception to hearsay requiring certification or testimony of the custodian, with specific foundation requirements
People v. Molineux (1901)	Common-law rule limiting admission of prior bad acts to specific purposes: motive, intent, absence of mistake, common scheme, or identity

Trial Procedure

Civil Procedure

New York Civil Practice Law and Rules (CPLR)

Criminal Procedure

New York Criminal Procedure Law (CPL)

Key Features

New York uses a Preliminary Conference and Compliance Conference system for managing civil litigation timelines
The Commercial Division of the Supreme Court has specialized rules for complex business litigation
New York allows interlocutory appeals by permission under CPLR 5701, broader than federal interlocutory appeal rules

Jury Rules

Civil Jury Size

Criminal Jury Size

Unanimity Required

Civil juries of 6 require a 5/6 concurrence for a valid verdict under CPLR 4113
Criminal juries of 12 require unanimity for all felony and misdemeanor convictions
New York retains the right to a jury trial in equity actions to a greater extent than most states

Special Features

Common-Law Evidence Heritage

New York is one of only a few states that has never adopted a codified evidence code, instead relying on centuries of case law compiled in treatises like Prince, Richardson on Evidence

Frye Standard for Scientific Evidence

New York continues to apply the Frye general acceptance test for novel scientific evidence, rejecting the federal Daubert standard adopted by most other jurisdictions

Dead Man Statute

CPLR 4519 preserves the historical Dead Man rule, barring interested witnesses from testifying about personal transactions with deceased or incompetent persons

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