Deciding whether to hire an attorney and start a lawsuit against someone who has wronged you can be stressful and a little intimidating if you are not familiar with the stages of litigation. However, we have found that once we help our clients develop a legal strategy and walk them through the steps of litigation, they are a little less stressed with the process. Overall, there are three stages in the timeline of a case:
- The Pleadings Stage: Generally, to start an action, you file a Summons and Complaint with the right Court and serve it on all the Defendants. The Complaint lists all the causes of action and the basis for your claims supported by relevant facts. Depending on how the Summons and Complaint is served, the Defendants will have either 20 or 30 days to file and serve an Answer which is their response to your Complaint. The Defendants will admit, deny, or deny knowing anything about the facts and/or your claims in the Complaint. They may also raise defenses and/or allege their own claims against you. Once you receive the Answer, you will have an opportunity to draft, file and serve a Reply which is your response to any claims made by the Defendants.
- The Discovery Stage: During this stage, each party attempts to gain more information about the case from the opposing side. Usually there will be a court appearance establishing dates for discovery. Parties will draft: a) Discovery demands: requesting specific information including documents, pictures and witness lists b) Interrogatories: list of questions one party drafts for the opposing party to answer c) Depositions: interviews of witnesses, under oath, by one party’s attorney
- The Trial Stage: The trial is the formal examination of evidence before a judge, and typically before a jury, in order to decide for and against the parties. The majority of cases never get to trial due to settlement and motion practice. Motions are usually filed throughout the litigation process by the parties and can result in the case being dismissed or a judge making a decision on the merits of the case before trial.
This breakdown is a general overview of the litigation process and it is important to note that litigation can take some time. From the filing of the Complaint to the trial stage it can take anywhere from six months to a few years depending on the type of case, number of parties, financial position of the parties, etc.
James G. Dibbini & Associates, P.C., collectively, has over 20 years of civil litigation experience. If you want us to help you develop your legal strategy or go over the litigation process in more detail, give us a call at (914) 965-1011 or email us at jdibbini@dibbinilaw.com to schedule a consultation.
