Litigation Lawyers in Mount Sinai
In Mount Sinai, New York, "civil procedure" is a broad term that refers to all of the rules that govern the process of civil litigation. Procedural law (such as civil procedure) is distinguished from substantive law, which governs the rights and obligations that the civil justice system is designed to protect.
Mount Sinai, New York's government strives to make the civil justice system fair, efficient, and accessible. The rules of civil procedure are designed to promote those goals, to the greatest extent possible.
Mount Sinai, New York's civil procedure rules can get pretty complicated, however. They govern every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.
Major Mount Sinai, New York Civil Procedure Issues
Complaint: The first, and perhaps most important, part of filing a lawsuit in Mount Sinai, New York is the complaint. The complaint is filed with the court in Mount Sinai, 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). Usually, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is simply a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.
Answer: After the plaintiff files the complaint, the defendant has to act. While they have a few options at this stage of the game, most defendants elect to file an answer. The answer is the defendant's first direct response to the plaintiff's allegations. Sometimes, the answer contains a general denial, in which the defendant simply denies everything the plaintiff alleges. It might also contain a point-by-point addressing of every allegation the plaintiff makes, denying some, and admitting some.
Discovery: Once both sides have fired their opening volleys in the form of the complaint and answer, the next process in civil litigation in Mount Sinai, New York is discovery. Under the civil procedure rules of most jurisdictions in the U.S., each side of a lawsuit is required 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: Although the trial is arguably the most dramatic element of civil procedure in Mount Sinai, New York, it is actually extremely rare for civil lawsuits to make it this far. Civil procedure in Mount Sinai 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 Mount Sinai, New York Lawyer Help?
If you're suing someone, or are being sued, in Mount Sinai, New York, dealing with issues of civil procedure is going to be a fact of life for quite some time.
In Mount Sinai, New York, procedural pitfalls can derail an otherwise-valid case. They can also be some of the most obtuse and convoluted issues in the whole case. Therefore, you should not go into something like this without the counsel of an attorney.