Litigation Lawyers in Nassau County

In Nassau County, New York, "civil procedure" is a broad term that refers to all of the statutes that control the process of civil litigation. Procedural law (such as civil procedure) is distinguished from substantive law, which covers the rights and obligations that the civil justice system is designed to protect.

Nassau County, New York's government strives to make the civil justice system fair, efficient, and accessible. The rules of civil procedure are designed to encourage those goals, to the greatest extent possible.

Nassau County, New York's civil procedure rules can get pretty convoluted, however. They control every aspect of a civil action, from the filing of the complaint, to discovery, and all the way through trial and appeals.

Major Nassau County, New York Civil Procedure Issues

Complaint: When somebody believes that they have suffered a legal wrong in Nassau County, New York, and decide to file a lawsuit, the first document that they file with the court is normally 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 usually 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: For the defendant, the answer is normally the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer usually denies most, or all, of the allegations made by the plaintiff. If the allegations are factually correct, and the defendant knows this, the defendant might admit that the allegations are true, but because of extenuating circumstances, they should not be held liable. For example, in a lawsuit for battery, a defendant might admit that they did strike the plaintiff, but claim that they were acting in self-defense, which would negate or weaken the plaintiff's case.

Discovery: Once the complaint and answer have been filed in a Nassau County, New York court, the next major civil procedure issue comes up. Discovery is the process in which both sides of the lawsuit are required to disclose required evidence to one another. The lawyers for each side can submit written questions, which the other party is required to answer under oath, unless the information is privileged. Each side can also request any relevant documents, physical evidence, and can conduct depositions of witnesses and parties to the lawsuit.

Trial: It's quite rare for lawsuits in Nassau County, New York to go to trial. Nassau County's civil procedure rules really discourage trials, and rather have designed the system so that it's almost always more cost-effective to settle out of court. However, if this is not possible, the matter will go to trial, where a judge and/or jury will determine the factual questions, and then award the appropriate relief (if any) to the prevailing party.

How Can a Nassau County, New York Lawyer Help?

If you are dealing with a lawsuit in Nassau County, New York, it's almost certain that you will have to deal with issues concerning civil procedure.

Civil Procedure in Nassau County, New York can be pretty convoluted. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.