Hempstead, New York Civil Procedures

Find the right Litigation attorney in Hempstead, NY

Litigation Lawyers in Hempstead

In Hempstead, 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 protect.

Like all laws, the rules of civil procedure in Hempstead, 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 Hempstead, New York is almost never a simple process. So, the rules governing this process can't always be simple, either. Remember, civil procedure covers every single step of the civil litigation process, which can drag on for years.

Major Hempstead, New York Civil Procedure Issues

Complaint: When somebody believes that they have suffered a legal wrong in Hempstead, New York, and decide to file a lawsuit, the first document that they file with the court is typically the complaint. The complaint is very important, because it can frame the factual and legal issues, and set the tone, for the rest of the process. The complaint normally contains every factual allegation against the defendant that forms the basis of the plaintiff's lawsuit. It also contains a prayer for relief, in which the plaintiff lays out his or her desired remedies, if the court finds the defendant liable.

Answer: The answer is a document filed by the defendant, in response to a complaint. The answer typically contains a few things: normally, it denies most of the allegations made by the plaintiff. If it does not deny the factual assertions in the complaint, it will typically raise legal defenses, known as affirmative defenses, arguing that even if everything the plaintiff alleges is true, the defendant should not be held liable, because of extenuating circumstances.

Discovery: The civil procedure rules in Hempstead, New York were written with the purpose of, among other things, avoiding surprises. For that reason, everyone engaged in a lawsuit goes into trial with a pretty good idea of what evidence the other side has. This is largely because of the discovery process, during which the attorneys for both sides are required to disclose (with some exemptions) all information relevant to the trial which they have in their possession. These disclosures come in multiple forms, such as simply sending boxes of documents, deposing witnesses, or submitting written questions to the other side, which the recipient is obligated to answer under oath.

Trial: Although the trial is arguably the most dramatic element of civil procedure in Hempstead, New York, it is truly extremely rare for civil lawsuits to make it this far. Civil procedure in Hempstead is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. However, in the rare cases when the case is not dismissed, and the parties can't reach a settlement, the matter will go to trial. A trial is the most visible aspect of civil litigation, and it is the stage when all of the legal and factual questions raised by both parties are resolved by a judge and jury, respectively.

How Can a Hempstead, New York Lawyer Help?

If you are facing a legal issue of any kind in Hempstead, New York, you are going to confront civil procedure issues.

The rules of civil procedure in Hempstead, New York are not always simple or intuitive. With that in mind, it's very important to have a knowledgeable attorney on your side, to help you through the process.

Talk to a Law Attorney now!

Life in Hempstead

Hempstead comprises one third of the municipalities in Nassau County and is situated in the southeast. Hempstead is much larger than nearby Buffalo playing host to 756,000 New York residents. It is the 14th most populous city in the State of New York. The Town of Hempsead is the 47th largest employer in Long Island with 2,000 employees. The Village of Hempstead is incorporated within the Town of Hempstead that also includes a total of 22 villages and 37 hamlets. There are many lawyers living in Hempstead. Those lawyers are familiar with Nassau County courts and procedures in many different areas of law.  

Hempstead plays host to a number of outstanding parks and recreational areas including the Hempstead Lake State Park, Valley Stream State Park, and Jones Street State Park. The New York State Parks in the Town of Hempstead incorporate fishing areas, covered picnic areas, tennis courts, sports fields, boat launches, hiking, and nature trails. In the winter ice fishing, ice skating, cross-country skiing, and snowmobiling are just a few of the activities offered by state parks in Hempstead. 

Clients Rate LegalMatch Attorneys
(click to read reviews)

Howard B.
Howard B.

Business - Litigation

Rye Brook, NY

Mark B.
Mark B.

Business - Litigation

Roseland, NJ

David A.
David A.

Business - Litigation

Walnut Creek, CA