Litigation Lawyers in Floral Park
In Floral Park, New York, "civil procedure" is a broad term that refers to all of the laws that regulate the process of civil litigation. Procedural law (such as civil procedure) is distinguished from substantive law, which regulates the rights and obligations that the civil justice system is designed to safeguard.
Like all laws, the rules of civil procedure in Floral Park, New York reflect specific values that society, through its elected representatives, wants to advocate. So, the rules of civil procedure have the stated goal of ensuring that the justice system is fair, cost effective, efficient, and accessible to everyone who has a legitimate legal grievance.
Civil litigation in Floral Park, New York is almost never a simple process. So, the rules controlling this process can't always be simple, either. Remember, civil procedure governs every single step of the civil litigation process, which can drag on for years.
Major Floral Park, New York Civil Procedure Issues
Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Floral Park, New York is the complaint. The complaint is filed with the court in Floral Park, New York that's responsible for handling civil trials. It lists everything that the plaintiff (the person who is suing) alleges against the defendant (the person the plaintiff is suing). Typically, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is just a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.
Answer: The answer is typically the first document that the defendant files, and it is meant to serve as a direct response to the plaintiff's complaint. It typically denies all of the plaintiff's major allegations. It might also lay out affirmative defenses. An "affirmative defense" is a set of reasons that negate the defendant's liability even if their conduct would ordinarily be unlawful. For example, in a lawsuit for battery, a defendant might admit that he struck the plaintiff, but claim that he acted in self-defense. If that can be shown, it would negate, or mitigate, his liability to the plaintiff.
Discovery: Once both sides have fired their opening volleys in the form of the complaint and answer, the next procedure in civil litigation in Floral Park, New York is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is obligated by law to disclose relevant information to the other side. These disclosures come in the form of depositions, the production of documents, and answers to written questions submitted by opposing counsel.
Trial: It is truly quite rare for civil lawsuits in Floral Park, New York to go to trial, since the rules of civil procedure in Floral Park highly encourage early resolution to cases by dismissal of lawsuits that have no merit, and negotiated settlement of those that do. Nonetheless, when neither of those things happen, the case goes to trial. This is when a judge and jury determine the questions of law and fact, respectively, raised in the case. The jury then issues a verdict, based on the evidence presented to them.
How Can a Floral Park, New York Lawyer Help?
If you are dealing with a lawsuit in Floral Park, New York, it's almost given that you will have to deal with issues regarding civil procedure.
In Floral Park, New York, procedural complications can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Consequently, you should not go into something like this without the counsel of an attorney.