What are the Steps of Filing a Lawsuit?
Civil Action Steps
While all cases are unique there is a symmetry which is universal to all lawsuits. From the filing and service of a summons and complaint to start an action to the discovery phase including the all importation deposition and concluding in the trial. Along the way, settlement is the 800 pound gorilla in the room.
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How to File a Civil Case in NYC
What follows is an outline of the pivotal points in the lawsuit. There are too many variables to assume that the outline is definitive in any respect. What it does is highlight for the potential client the stages/steps in litigation and where along those stages settlement comes into action.
- Summons & Complaint
- Service of the Summons and Complaint
- Answer
- Discovery
- Request for Judicial Intervention
- Deposition/EBT (Examination Before Trial)
- Note of Issue
- Motion for Summary Judgment
- Trial
- Order of Trial
- Settlement
- How Much is the Case Worth
- Glossary of Terms
Discovery is an important phase of the pre-trial portion of the litigation. It is the single most time consuming and contentious time in the litigation. It is during these skirmishes that counsel on each side takes stock of his opponent and the relative merits and short comings of his client’s case. The single most significant event is the deposition. Considerable space is devoted to the preparation that we find necessary to prepare our client to do their best at the deposition.
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