what happen after you file a lawsuit with a lawyer on supreme court of new york

After your attorney files your lawsuit (a Complaint) in the Court, the Defendant (s) will be tracked down and the Complaint and suit papers will be literally hand delivered to them (service of process). The Defendant will then have 20 days to respond or “Answer” the Complaint.

Full Answer

What happens after a lawsuit is filed?

Once a lawsuit is filed, the process changes and your injury lawyer will deal with an attorney for the insurance company. The first step after filing the lawsuit with the court is to literally put the lawsuit in the defendant’s hands.

Where can I file a civil lawsuit in New York City?

If you are seeking $25,000 or less in damages, your case may be heard in a a County Court (or a Civil Court in New York City). In Nassau County and western Suffolk County, there is also a District Court, which can hear civil claims up to $15,000. Many other cities, villages and towns in New York have their own local courts to hear similar claims.

What is the New York State Supreme Court?

Despite the name, the Supreme Court is a trial court, not the state's highest court, which is actually the Court of Appeals of New York. Each county or borough has one or more Supreme Court justices assigned to it.

How long does a lawsuit take to settle in Los Angeles?

Again, this will be at least a year after filing the lawsuit, and in most personal injury cases in Los Angeles, more likely 18 months or more after initially filing the lawsuit. So when you hear your attorney say that a lawsuit has been filed in your case, stay calm.

What happens after a civil suit is filed?

After hearing the final arguments of both the parties, the court shall pass a “final order”, either on the day of final hearing itself or on some other day fixed by the Court. However, before the final arguments, the parties to the suit can amend their pleadings with the permission of the court.

What occurs after the lawsuit if the defendant wins?

If the defendant wins, the case will be set for a new trial. The motion's success will likely depend on whether the defendant knew about the trial date and other pertinent factors.

How long does a civil lawsuit take?

While an actual trial in court usually takes only a few days, the pre-trial process and the process of preparing a case can take weeks or months. In especially complex cases where both sides present extensive witnesses and lots of technical evidence, even the trial process can stretch on for a long time.

What happens after complaint is filed?

Upon receipt of the complaint, the Magistrate decides on the cognizance of the offence. Then he examines, upon oath, the complainant and the witness (es), if any. The complaint is then reduced to written form. The complainant and the witness(es) need to sign the same in front of the Magistrate.

What happens when you lose a lawsuit?

If you were the defendant in a Small Claims Court case and you lost, you become the debtor . The person who sued you becomes the creditor . If you lose your court case, the court may order you to pay money or return personal property .

How often do defendants win?

The United States Courts website estimates that more than 90% of federal cases resolve this way. A 2012 New York Times article reported that 97% of federal cases and 94% of state cases end via plea bargain. (See State vs. Federal Prosecution.)

Why do lawyers take so long to settle a case?

The reasons a case can progress slowly can be summed up into three general points: Your case is slowed down by legal or factual problems. Your case involves a lot of damages and substantial compensation. You have not reached maximum medical improvement from your injuries (this will be explained below)

What are the stages in a civil suit?

Stages of the Civil Suit as per the Civil Procedure Code, 1908 Presentation of the plaint. Service of summons on defendant. Appearance of parties. Ex-party Decree. Filing of written statement by the defendant. Production of documents by parties. Examination of parties. Framing of issues by the court.More items...

How long do most civil cases last?

typically though 2-3 years is the norm if civil litigation is involved.

What happens if defendant does not respond?

If the defendant does not reply to your claim, you can ask the court to enter judgment 'by default' (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed.

How long should I wait for a response to a complaint?

The fact that almost 1/3 of respondents indicated that 3 days was soon enough and another 12.5% were satisfied with a week surprised me. I know when dealing with national organizations who generally don't prioritize complaint resolution it can take anywhere from 3 to 7 days for a first response.

What is complaint explain the procedure to be followed on receiving a complaint?

A complaint is a mode by which a Magistrate takes cognizance of an offence. He examines the complainant as well as all the witnesses present as per Section section 200, CrPC. If a Magistrate has no jurisdiction over the case then he may transfer the case to the proper court under Section 201.

What is the first step after filing a lawsuit?

The first step after filing the lawsuit with the court is to literally put the lawsuit in the defendant’s hands. This process is known as serving the lawsuit, and in most cases the courts require the lawsuit be served personally to the defendant.

What is the next step in a civil case?

This is where the parties attempt to get information from each other through a series of written questions, written requests for the other side to turn over relevant documents, and written requests for the other side to admit certain facts regarding the case.

What happens after a deposition?

After your deposition, if you are either still receiving medical care or experiencing any symptoms from your injuries, most defense attorneys will have you evaluated by a doctor of their choice.

What happens after discovery?

After the written discovery phase, the parties continue to discover information about the case by taking depositions. A deposition is the only time before trial that the other attorney can directly ask you questions prior to trial.

What is a neutral third party in a settlement?

In personal injury mediations or settlement conferences, a neutral third party – an attorney, retired Judge, or active sitting Judge – will assist the parties in trying to reach an agreement.

What to expect in a lawsuit?

What to Expect - A Lawsuit Chronology. Whether you are suing someone or being sued, or being called as a witness, a lawsuit is a complicated legal process, and it can be full of unpleasant surprises and frustrating delays. Don't forget, there are at least two parties to every action, and that means the schedule and the events which take place can ...

What happens if the defendant doesn't answer the complaint?

If the Defendant doesn't answer the Complaint, the court may enter a default judgment against the Defendant. If the Answer contains a counterclaim or a third-party complaint, the party against whom that claim is made also has to answer within a certain time.

What is a civil action?

A civil action (as opposed to a criminal or family proceeding, for example) begins with a Complaint, usually accompanied by a Summons. A Complaint is a legal document that lays out the claims that the Plaintiff (the person or business bringing the lawsuit) has against the Defendant (the person or business being sued).

How is a civil action commenced?

A civil action is officially commenced in one of two ways. In some states and in federal court, filing the Summons and Complaint with the court commences the action. In many states, serving the Summons and Complaint on the other party commences the action.

How long does it take to answer a complaint?

The Defendant has to answer within a certain time (usually about three weeks). The Answer says what portions of the Complaint, if any, the defendant admits to, what the Defendant contests, what defenses the Defendant may have, and whether the Defendant has claims against the Plaintiff or any other party. If the Defendant doesn't answer the ...

What is discovery in deposition?

Note: If you are being called as a witness rather than involved as a party, discovery is the first of the phases during which you may get involved. Typically, third parties are involved in depositions, although in many jurisdictions there are provisions for written discovery and document requests to nonparties.

Why is my action different?

Your action may be different because of differences between state laws and rules of civil procedure. Your attorney can help you understand exactly how your lawsuit will fit with this chronology-remember, your attorney works for you, and should clearly explain every step of the legal process. Thank you for subscribing!

How long does it take to pay a settlement in New York?

There are exceptions, however; for example, the City of New York has 90 days to pay a settlement.

What is a physical examination in a lawsuit?

During the lawsuit process, the defendant is entitled to request that you, as the plaintiff, submit to a physical examination by a doctor of his or her choosing. This examination will be in regard to the injuries you’re claiming. The defendant will appoint a doctor, and you must attend.

What is a summons and complaint?

The “Summons and Complaint” is the start of your lawsuit. The Complaint – a legal document that our New York City personal injury lawyers at Mirman, Markovits & Landau, P.C. can prepare – sets out the general nature of your claim, including the date and place of your accident.

How long does it take to respond to a summons?

The defendant has approximately 30 days to serve its response to the summons and complaint, once they are served and the affidavit of service is filed. This response is called an “Answer.”. The “Answer” is the defendant’s position on your claims. The typical stance of a defendant is to deny all claims.

What is an examination before trial?

An Examination Before Trial, also called a deposition, is an oral examination by the attorney for the party you are suing. It is usually conducted informally outside of Court, but is still under oath is conducted in the presence of a court reporter who will take down your answers.

Can a jury award as much or as little as they find you entitled to?

The jury is allowed to award as much or as little as they find you are entitled to. After preparing the Summons and Complaint, Mirman, Markovits & Landau, P.C. will file them in court and have a process server serve them on the defendant, the person, or the company you are suing.

Who determines the facts of a jury trial?

In a jury trial, the factual issues are determined by the jury, not the judge . These will be the people who decide whether the defendant is responsible for your accident, the extent of your injuries, and the monetary award you are entitled to.

What court hears civil cases in New York?

But most civil litigation—particularly cases where the amount in controversy exceeds $25,000—is heard by the Supreme Court of the State of New York.

Why do civil cases not go to the appellate level?

Most civil cases do not proceed past the Appellate Division level. This is because parties generally do not have an automatic right of appeal to the Court of Appeals. Either the Appellate Division or the Court of Appeals itself must grant permission for such an appeal, and it is rarely given.

What is civil litigation?

Civil litigation is often a daunting prospect for business owners and other litigants who may be confused by the complexity of the New York court system. There are many types of courts that hear civil claims, and many people may not even know where to begin when they need to file a lawsuit. Here is a brief overview of how civil litigation works in ...

What is the name of the court that decides a case?

Once the Supreme Court decides a case, either party may seek review of that decision by the Appellate Division, which is a group of Supreme Court judges who serve as an intermediary between the trial level of the Supreme Court and the Court of Appeals. The Appellate Division is divided into four geographic departments.

Where does the First Department hear appeals?

The First Department hears appeals from Manhattan and the Bronx; the Second Department from Brooklyn, Queens, Staten Island, Long Island and several upstate counties; the Third Department from upstate counties in and around Albany; and the Fourth Department from in and around Rochester. Most civil cases do not proceed past ...

Can a corporation be a resident of another state?

For example, if you live in New York and sue a partnership for breach of contract, if one of the defendant partners live in New York, the case cannot be heard in federal court, even if every other partner resides in another state. A corporation is also considered a resident ...

Is the Supreme Court a trial court?

Despite the name, the Supreme Court is a trial court, not the state's highest court, which is actually the Court of Appeals of New York. Each county or borough has one or more Supreme Court justices assigned to it. Once the Supreme Court decides a case, either party may seek review of that decision by the Appellate Division, ...

What is discovery in court?

Discovery is the time period where the parties request and obtain information from each other. The court rules set specific requirements for how the parties may seek and produce this information. If a plaintiff or defendant fails to respond to another party's request as required by the rules, that party may file a motion to compel responses and go before the judge. Often, parties will depose witnesses in the case. In a deposition, attorneys ask a witness questions and everything said is typed word-for-word by a court reporter. The parties then use the transcripts of the deposition in the litigation.

What happens after discovery?

After discovery has concluded, if the case does not settle and is not resolved by a motion for summary disposition or judgment, the case will go to trial. Trial requires extensive preparation on the part of attorneys. In a jury trial, the jury is the fact-finder; in a bench trial, the judge decides the facts. In all trials, the judge will rule on objections and motions to exclude certain evidence or testimony. At trial, attorneys will present arguments, witnesses, and evidence. Once the trial has concluded, the parties may sometimes submit post-trial motions or briefs. Attorneys may appeal the judgment entered after a trial.

What is an appeal in court?

In an appeal, a trial court's decision is revisited by another "higher" court. An appeal may happen at many times in a case. Depending on the type of appeal, the attorney may have to first seek leave (or permission) from the court to see if it will take the appeal. Sometimes a stay is needed to keep the case from continuing while an issue is up on appeal. Appellate briefs explain why a trial court's decision should be affirmed or reversed and rely on citations to statutes and prior appellate court decisions as authority for their arguments. Rules in appellate courts are different than those at the trial court level. Often attorneys specializing in appellate litigation handle appeals.

What is a motion in court?

Motions are a way for parties to ask the judge for specific relief, including dismissal or judgment of a case. Motions are typically accompanied by a written "brief" (often not brief at all) that explains the legal argument and may attach many exhibits. If one party files a motion, the other party will usually have the chance to file a written response. The judge may schedule oral argument on the motion, where the attorneys will have to appear in court and verbally explain their position. The judge will make a decision, either orally at the hearing or in a written order or opinion. Parties may appeal final decisions or orders.

How does Michigan law require parties to participate in case evaluation?

Michigan state courts require parties to participate in case evaluation where a panel of seasoned attorneys evaluates the case and assigns it a monetary value or states that there is no cause of action. The parties may accept the case evaluation award and settle the case. Rejection of case evaluation has implications after trial. At other times, the parties may mediate informally to try to settle the case. When a case is settled, the case is resolved by the parties themselves through negotiations, not by a jury or judge. A settlement agreement is signed by the parties after a settlement, and the parties must then comply with its terms or face further legal action.

How long does it take to appeal a Supreme Court decision?

Either party may appeal the decision to the State Supreme Court within 60 days. The Compliance Investigation Unit of the Division will follow up within one year to make sure that the respondent did, in fact, comply with the Order.

How to file a complaint with the Division of Human Rights?

In order to file a complaint with the Division of Human rights, you must complete the complaint form in full, attaching copies of supporting documentation. This must all be submitted to the Division on Human Rights and you should keep copies of everything for your own records.

What happens if probable cause is found?

Should probable cause be found, the case will be presented at a public hearing. The complainant and respondent will both be notified of the hearing in writing. The complainant is welcome to retain counsel for the public hearing. If not, a Division attorney or agent will be tasked with presenting the complainant’s case.

How to start a court case?

To start the case, go to the courthouse and pay the filing fee and get your Index Number or Docket Number. If you can’t afford to pay the court fees, you can ask for a fee waiver. Put the Index or Docket number and the date of the filing of the summons on all the sets of the papers .

What happens if you don't answer a summons?

If the defendant does not answer the summons, or file a motion, you may be able to get a money judgment against the defendant. This is called a default judgment. You may need to ask the court for a hearing called an Inquest in order to get your money judgment.

What should the paragraph end of a complaint say?

The Complaint should end with a paragraph that says what the plaintiff wants the Court to do, like give the plaintiff a judgment against the defendant for xxx dollars.

What is the name of the form that the plaintiff fills out to start a case for money?

The Summons and Complaint. To start a case for money, the plaintiff fills out forms called a Summons and a Complaint, or a Summons with Notice. A Summons and a Summons with Notice both say the name of the court; the names of the plaintiff and defendant - these are written at the top of the form in a box called the caption;

How long do you have to file a summons with notice?

If the defendant demands a complaint, you have 20 days to deliver one to the defendant or the case may be dismissed. If you choose to start the case with a Summons and a Complaint, ...

What happens if a defendant loses a motion to dismiss?

If the defendant loses the motion asking to dismiss the case, the defendant can still file an Answer and the case continues. You will have to prove the truth of the claims in your complaint. The defendant’s Answer tells you and the court the reasons the defendant says you should not win the case.

Why do you ask the court to dismiss a case?

For example, the defendant can ask the court to dismiss the case because the papers were not served the right way, or because the claim happened too many years ago and is not allowed.