Despite your best efforts to avoid a lawsuit, you and your Manhattan business are now embroiled in litigation. Although settlement of the suit is always a possibility, the fact is that you should always prepare in case negotiations fall through and a trial is unavoidable. What should you expect from the process in New York City?
Whether you are the plaintiff or the defendant in a lawsuit, understanding what is likely to happen in your legal matter will prove beneficial to your position in the case. The attorneys at Levy Goldenberg LLP take a look at the stages of commercial litigation.
Pleadings and Motions
A lawsuit formally begins with the filing of the complaint, which sets forth the allegations that the plaintiff makes against the defendant. The plaintiff must file this document in the correct court and serve it properly on the defendant. Once the defendant is served, they will have 20 or 30 days to respond, depending on how they were served.
A response may include:
- An answer that addresses each claim made in the complaint
- Affirmative defenses, those for which the defendant must introduce evidence
- A motion to dismiss the lawsuit
You should not take a motion to dismiss lightly, because either way it could end the lawsuit very early in the process and prevent further action. Whether you are the plaintiff or the defendant, retaining a Manhattan commercial litigation lawyer early is essential to protecting your rights and interests.
Discovery
Discovery is the stage at which the parties to a lawsuit request and exchange relevant documents and information. Parties can avail themselves of various discovery tools, including:
- Interrogatories
- Document demands
- Depositions
- Requests for admission
There are situations in which a party who has received discovery requests can object to them, and other cases in which one party must ask a judge to compel the other to respond. Your lawyer should be experienced with commercial litigation to make the most of this important step, because it is up to the parties to find the evidence they need.
Mediation and Negotiations
Many Manhattan civil lawsuits settle out of court through mediation and other negotiations. Mediation is a method of alternative dispute resolution by which a neutral third-party mediator attempts to facilitate a settlement. The mediator has no power to force the parties into a settlement, but will propose mutually agreeable solutions to them.
You may and should have legal representation during mediation to help you articulate your position to the mediator, consider the legal ramifications of settlement offers, and determine what the details of a settlement will look like. We’re ready to assist you in this process.
Hearings and Trial
The parties may file additional motions asking the court to take various actions such as dismissing the case, compelling discovery responses, and entering judgment based on the argument that there are no genuine issues of material fact. The court will conduct hearings and issue court orders to dispense with these.
If the matter does not settle or is not otherwise resolved (e.g. through a motion to dismiss), then the court will set a trial date. Your attorney will prepare exhibits, witnesses, and expert witnesses, and prepare for direct examination and cross examination. Another part of trial preparation is anticipating the defendant’s arguments.
The party that succeeds at trial can take steps to enforce the Manhattan court’s judgment. In certain circumstances, the losing party can appeal the trial court’s decision to a higher court. But there are only limited grounds for appeal; it is not simply a second chance to try the case.
Working With You Each Step of the Way
Commercial litigation is complicated. In addition to statutes and court opinions, there are various rules that will govern the outcome of the lawsuit such as those pertaining to civil procedure, discovery, and evidence. Whichever side of a lawsuit you are on, you need knowledgeable and committed counsel looking out for you.
Count on the team at Levy Goldenberg LLP. We’re ready to serve you at each stage of your Manhattan commercial litigation matter. Give us a call or connect with us online to get started.