While similar in some ways to the path of criminal case, there are significant differences. First, the attorneys are not working for the government like a district attorney in a criminal case. The path of a typically negligence case is as follows:

• Summons & Complaint
• Service of the Summons and Complaint
• Answer
• Discovery
• Deposition/Examination Before Trial
• Request for Judicial Intervention
• Motion for Summary Judgment
• Note of Issue
• Settlement
• Trial

Summons & Complaint:

In NYS, the filing of a summons and complaint is the start of a civil action. A summons is a document that states a lawsuit against a defendant has been started against her/him. It also states that the defendant must answer the complaint. The complaint is a document that sets for the grounds, facts, and damages required to establish a lawsuit against the named defendant. It is known as a pleading. A plaintiff must file a summons and complaint with the county clerk where the lawsuit will be brought. The venue, or place the lawsuit is brought, must be proper. The proper venue is set out by statute in the CPLR. Once the summons is filed, and the fees paid, the county clerk will issue an Index Number that will be added to the summons and all pleadings of the lawsuit.

Service of the Summons & Complaint:

Once the index number is purchased and the lawsuit has been started by filing the summons and complaint with the county clerk, the summons and complaint must be properly served on the defendant. Proper service is set out by statute in the CPLR. Depending on the situation, the statute may require personal service on a defendant or allow service by mail. A plaintiff cannot serve a summons and complaint on a defendant themselves. The CPLR establishes who is allowed to serve these pleadings. Most plaintiffs use a professional process service person or company.

Answer:

Once a defendant is served with a summons and complaint, they will have either twenty or thirty days, depending on how they were served, to provide their answer to the complaint. The answer is a document that is a response to the complaint. It is a pleading. The failure to serve this answer in timely manner could result in a default against the defendant, which means the plaintiff will be granted by a court the relief they are demanding against the defendant.

Discovery:

Discovery is the process by which both parties are required upon demand by the other, to provide information that relates to the lawsuit. The law allows and demands that the parties cooperate with each other in this process. There are many forms of discovery, and the process is extremely important to both parties in a lawsuit. Both parties need access to information that only the other party has control over to either prove their case or properly defend against. For example, in an automobile negligence case, the plaintiff may be claiming that the defendant was distracted while driving because he was texting on his cell phone. The records that could prove whether this assertion is accurate are under the control of the cell service provider of the defendant. The plaintiff may demand upon the defendant a discovery demand that the defendant obtain and forward said records to the plaintiff. In the same lawsuit, the defendant may assert that the plaintiff is not as injured as he claims. and serve a discovery demand on the plaintiff requiring the plaintiff to submit to a medical examination by the defendant’s doctor.

Deposition/Examination Before Trial:

The taking of a deposition or examination before trial (EBT) is one of the most significant parts of a lawsuit and discovery. This is typically the first time in the process that the parties and their attorneys will see each other. The party being deposed will be put under oath and will be asked questions by the opposing counsel. Lying at a deposition is subject to perjury penalties. The proceeding will be before a stenographer. The stenographer will record precisely word for word what is being asked, answered, and said at the EBT. The stenographer will then create a written transcript that can be used at trial by either party. EBTs are an extremely important part of the process of a civil lawsuit.