No. A judge can reverse his own evidentiary ruling on retrial. Also, a subsequently assigned judge can revisit an earlier evidentiary ruling made by the prior judge.
I had an experience with Judge Davis in Dutchess County where he reversed an evidentiary ruling (regarding the admissibility of a medical record) made by the prior trial judge who had then declared a mistrial and the case was reassigned to Judge Davis. The prior judge declared the record to be admissible. On retrial, Judge Davis precluded it.
Robert R. Sappe, Esq.
Feldman, Kleidman, Collins & Sappe, LLP
995 Main St., P.O. Box A
Fishkill, NY 12524
(845)897-5199
www.FKCS.law
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*** Member’s Message ****
Sender: Jennine Gerrard
Date: 4/13/2026 5:27:22 PM
Hello All,
Do evidentiary rulings become the law of the case for a retrial? For example, the preclusion of photos from a motion in limine???
Jennine A. Gerrard
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Jennine A. Gerrard[cid:image007.png@01DCCD96.F040CF80]
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