CIVIL LITIGATION

If you or your business entity are involved in a legal dispute with another party, the civil litigation lawyers at ESAGOFF LAW GROUP, P.C. can help. Our team has the know-how and experience to tackle your problem, effectively and efficiently to get it resolved at the lowest possible cost to you, given our flat fee billing. We do Law. Differently.

Whether you are a plaintiff or defendant, the attorneys at ESAGOFF LAW GROUP, P.C. we are here to problem solve and get you to your goal. We do Law. Differently.

The Civil Litigation Trial Roadmap

NYS civil litigation in New York can be stressful, and costly.  We are here to help you navigate the roadmap, so you can make informed decisions about your legal matter.

The Venue. Supreme Court is the principal venue for most civil litigations and trials in New York State, depending upon the dollar amount being disputed. Cases involving equitable relief or claims in excess of $25,000.00 are filed in Supreme Court, for lesser amounts in district / civil court. Smaller claims  are handled in small claims court, from $5,000- $10,000, depending on the jurisdiction.

Basic Steps.  

1. Filing of the Complaint.To start a lawsuit, the Plaintiff (the party that initiates the lawsuit) needs to draft and file a complaint.  
   
   
2. Service: Delivery of the Summons & Complaint to the Defendant. Once the complaint is filed, it must be properly served, along with a summons, to the Defendant (the party being sued). The summons puts the Defendant on official notice that a lawsuit has been filed. The proper delivery of these documents to the Defendant is known as service of process. Service can be done one of several ways, including personal service or via mail if required in some cases.
   
   
3. Responsive Pleading.Once the Defendant has been properly served with the complaint, they have up to 30 days to submit an answer or other response to the complaint (such as a motion to dismiss the complaint).  
   
   
4. Discovery: Information Gathering & Depositions to Build the Case. The discovery process allows both sides to gather information on the case and learn as much as possible about the facts so they can adequately try their case before the judge or jury. During this process the lawyers for both sides exchange written questions and requests for copies of documents. Each side is legally required to provide their answers and requested information. Often, depositions are taken where the attorneys question the parties and witnesses under oath and the answers are transcribed for later use in court.
   
   
5. On step on the road to trial may be a motion for summary judgment on liability or some other aspect of the case to narrow the issues at trial or to avoid trial altogether. Most judges set down trials for damages after liability is established.  
   
   
6. At trial, the attorneys present their cases to a jury or in some matters before a judge at a bench trial.