Litigation Lawyers in Syosset
In Syosset, 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.
Syosset, 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.
The rules of civil procedure in Syosset, New York are sometimes perplexing. Because civil litigation is an inherently complex process, the rules that govern how it proceeds can't be simple, either. They govern every step of the litigation process, from filing the initial complaint, all the way to the final appeals process.
Major Syosset, New York Civil Procedure Issues
Complaint: Perhaps the most significant part of filing a lawsuit in Syosset, New York is the complaint. The complaint is a document filed with a Syosset, New York court that lays out the plaintiff's (the individual filing the suit) allegations against the defendant (the individual being sued), as well as the relief that the plaintiff is seeking from the court.
Answer: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an chance to respond to all of the factual allegations made by the plaintiff, usually by denying them. The defendant might also raise affirmative defenses, which could keep the defendant from being held liable. For instance, if the defendant is accused of battery, and he did, in fact, batter the plaintiff, he might admit to that fact, but claim that the plaintiff was the aggressor, and he acted purely in self-defense. If he can prove that he acted in self-defense, he likely will not be held liable.
Discovery: After the complaint has been filed in the Syosset, New York court of competent jurisdiction, the next important phase is the discovery process. In a civil lawsuit, there are not supposed to be any surprises (so the dramatic moments you see in TV trials are largely fiction). This predictability largely comes from the discovery process. Each side of the lawsuit has to disclose information relevant to the lawsuit to the other. This information can be obtained by sending the other side written questions, which must be answered under oath, demanding access to documents, and deposing witnesses.
Trial: Although the trial is arguably the most dramatic element of civil procedure in Syosset, New York, it is actually very rare for civil lawsuits to make it this far. Civil procedure in Syosset is designed to encourage early settlement of cases, or dismissal of cases that don't have any legal or factual merit. Nonetheless, 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 Syosset, New York Lawyer Help?
If you're suing anyone, or are being sued, in Syosset, New York, dealing with issues of civil procedure is going to be a fact of life for quite some time.
Civil Procedure in Syosset, New York can be pretty perplexing. It's always a good idea to have a lawyer who can advise you on how best to deal with these civil procedure issues.