Litigation Lawyers in New Hyde Park

In New Hyde Park, 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 safeguard.

New Hyde Park, 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.

New Hyde Park, New York's civil procedure rules can get pretty perplexing, 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 New Hyde Park, New York Civil Procedure Issues

Complaint: When somebody believes that they have suffered a legal wrong in New Hyde Park, New York, and decide to file a lawsuit, the initial document that they file with the court is usually the complaint. The complaint is very significant, because it can frame the factual and legal issues, and set the tone, for the rest of the process. The complaint typically 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 usually the first document they file in a lawsuit. As the name suggests, it "answers" the plaintiff's complaint. The answer typically 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 instance, 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 both sides have fired their opening volleys in the form of the complaint and answer, the next procedure in civil litigation in New Hyde 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 actually quite rare for civil lawsuits in New Hyde Park, New York to go to trial, since the rules of civil procedure in New Hyde 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 New Hyde Park, New York Lawyer Help?

If you are dealing with a lawsuit in New Hyde Park, New York, it's almost given that you will have to deal with issues regarding civil procedure.

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