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Civil litigation is a cornerstone of the legal system, addressing disputes between individuals or entities that do not involve criminal charges. In a bustling and complex jurisdiction like Manhattan, civil litigation encompasses many cases, from business disputes to personal injury claims. Whether you’re a plaintiff initiating a lawsuit or a defendant responding to one, understanding the basics of civil litigation can help you navigate the process effectively.

Here’s an overview from Levy Goldenberg of what civil litigation entails, its key phases, and what you need to know if you’re involved in a case in Manhattan.

What Is Civil Litigation?

Civil litigation refers to legal disputes resolved in court between two or more parties seeking monetary damages, specific performance, or injunctive relief rather than criminal penalties. Common types of civil litigation in Manhattan include:

  • Business disputes (e.g., breach of contract, partnership disagreements)
  • Real estate disputes (e.g., landlord-tenant issues, zoning violations)
  • Employment disputes (e.g., wrongful termination, discrimination claims)
  • Personal injury claims (e.g., car accidents, slip-and-fall cases)
  • Intellectual property disputes

Unlike criminal cases, where the state prosecutes a defendant, civil litigation typically involves private parties, and the burden of proof is “preponderance of the evidence” rather than “beyond a reasonable doubt.”

The Civil Litigation Process in Manhattan

Civil litigation involves several distinct phases. While not every case proceeds through each stage, understanding the general framework can help you prepare for the process.

Pleadings

The case begins when the plaintiff files a complaint outlining the claims against the defendant. The defendant then responds with an answer, which may include defenses or counterclaims.

Discovery

Discovery is the process of gathering evidence and information from the opposing party. In Manhattan, this phase often involves:

  • Depositions: Sworn statements taken under oath.
  • Interrogatories: Written questions that must be answered under oath.
  • Requests for documents: Production of emails, contracts, or other relevant materials.

Pre-Trial Motions

Either party may file motions to resolve certain issues before trial, such as motions to dismiss the case or motions for summary judgment. These motions can streamline the case or even resolve it.

Trial

If the case doesn’t settle, it proceeds to trial, where both parties present evidence and arguments. Manhattan trials can be bench trials (decided by a judge) or jury trials, depending on the case.

Appeal

After a verdict, the losing party may appeal the decision to a higher court. Appeals focus on legal errors made during the trial rather than re-examining the facts.

Key Considerations for Civil Litigation in Manhattan

  • Jurisdiction and Venue: Civil cases in Manhattan are typically heard in either the New York State Supreme Court or federal courts like the Southern District of New York, depending on the nature and amount of the claim.
  • Statutes of Limitations: Every claim has a filing deadline, known as the statute of limitations. Missing these deadlines can bar you from pursuing your claim.
  • Costs of Litigation: Civil litigation can be expensive and time-consuming. Costs may include attorney fees, court filing fees, and expenses for expert witnesses. Exploring alternative dispute resolution (ADR) methods, such as mediation or arbitration, may save time and money.
  • Discovery Challenges: Manhattan cases often involve complex discovery due to the volume of electronic data (e.g., emails, text messages). Working with a legal team experienced in e-discovery can help streamline this phase.
  • Settlement Opportunities: Most civil cases are resolved through settlement rather than going to trial. A skilled attorney can help negotiate favorable terms and avoid prolonged litigation.

Tips for Navigating Civil Litigation

  • Hire an Experienced Attorney: Civil litigation in Manhattan requires knowledge of local rules and procedures. An experienced attorney can assess your case, develop a strategy, and advocate on your behalf.
  • Preserve Evidence: Whether you’re a plaintiff or defendant, preserving relevant documents and communications is critical to building your case.
  • Understand the Risks: Litigation outcomes are uncertain, and even a strong case may face challenges. Discuss potential risks and rewards with your attorney before proceeding.
  • Be Proactive: Respond promptly to legal notices and communicate openly with your attorney to ensure you’re prepared for each phase of the process.

How Levy Goldenberg LLP Can Help

At Levy Goldenberg LLP, we understand the complexities of civil litigation in Manhattan. Our seasoned litigators have successfully handled cases across a broad spectrum of disputes, from high-stakes business litigation to real estate and personal injury claims. We work closely with our clients to develop tailored strategies, ensuring the best possible outcomes.

If you’re facing a legal dispute, don’t go it alone. Contact Levy Goldenberg LLP today for a consultation, and let us guide you through the civil litigation process.