New York Civil Litigation Overview

Have you been served with a summons and complaint? Now what? Civil litigation can be a complex and stressful process. It is important that you seek legal advice to protect your rights.

In New York, a party commences a lawsuit by filing a complaint or petition with the appropriate court. Defendants are then served with the complaint or petition. Depending on how the defendant was served dictates how much time the defendants have to respond to the complaint. The defendants’ response is called an answer. If a defendant is served with a summons and complaint and fails to answer, the plaintiff may apply for a default judgment.

In the event an answer is served, litigation continues and moves into the discovery phase if necessary. Discovery consists of the parties exchanging relevant evidence wash party plans to use to prosecute or defend the case. Once discovery is complete a motion for summary judgment is needed to strike the defendant’s affirmative defenses contained in the answer. Instead of summary judgment the case could also move directly to trial. After the Judge’s or Jury’s decision either party may file an appeal to the appropriate appellate court if it disagrees with the ruling. 

Whatever you do, if you are served with a complaint, it is imperative that you contact us immediately. Do not wait. Given the complexities of civil litigation, you need an experienced litigation attorney, who understands the intricacies and nuances of the law.  At J. P. Robinson Law we offer free initial consultations and will work with you to provide zealous and knowledgeable representation.  J. P. Robinson Law is dedicated to taking the time to answer your questions and ensure you understand the process and your legal options. To get started please call J. P. Robinson Law at (914) 265-3179 or email at Justin@jprobinsonlawllc.com.