Pleadings and early motions
Most civil lawsuits begin when the plaintiff files a complaint and serves it, together with a summons, on each defendant. In New York's Supreme Court, which is a trial court despite the name, and in federal court, the defendant then has a short period to answer or make a motion, and missing that deadline can lead to a default. An early motion to dismiss may argue that the complaint fails to state a claim, that the court lacks jurisdiction, or that the claim was filed too late. Counterclaims and claims against additional parties are often added at this stage. Settlement discussions can begin at any point, and some cases resolve before discovery starts.
Discovery, the longest stretch
Discovery is where each side gathers evidence from the other through document requests, written questions, depositions, and sometimes inspections. In New York state court, a preliminary conference sets a schedule; in federal court, the parties confer and propose a plan to the judge. This phase usually takes the most time and money, especially where electronic records are involved. Disputes over scope are common and are often resolved by negotiation or a ruling from the court. Many courts, including the Commercial Division in New York, refer cases to mediation along the way.
Summary judgment, trial, and appeal
After discovery, either side may move for summary judgment, asking the court to decide some or all claims without a trial because the key facts are not genuinely disputed. Cases that remain are tried to a judge or jury; in New York state court, a party files a note of issue to place the case on the trial calendar. A judgment can be appealed, and in New York the first appeal usually goes to the Appellate Division, while federal appeals go to a circuit court. Collecting a judgment is a separate stage that sometimes takes as long as the case itself. Knowing where your matter sits in this sequence helps set realistic expectations about cost and timing, which is what we focus on in a first meeting.
