How to Prepare for & Give A Great Deposition Understand the deposition process Understand the lawyer’s objectives Always tell the truth The best answers, if truthful are: “Yes” “No” “I don’t know” “I don’t remember” Listen to the question, pause, & think before you answer Do not answer a question unless you clearly understand the […]
FAQ’s Depositions – My Approach
Depositions are one of the most critical aspect of any complex litigation. It’s an opportunity to get answers, even if the answers are not always in line with your assumptions. I look to depositions as a form of negotiations: constantly digging deeper to understand the witness his/her motivations, grievances, perceptions, and facts. I’m always advocating […]
FAQs: The Preliminary Conference
Litigation in New York courts is governed by rules set forth in the New York Civil Practice Law & Rules (CPLR), “Uniform Rules”, local/judges’ rules, and case law. The Preliminary Conference (“PC”) is the first conference in the case (hence “preliminary”) and the first time the case has deadlines that are imposed by the Court […]
My 7 Step Process for Debt Collection
Step 1: The key to all debt collection matters is sufficient and proper documentation. So, first step is making sure you have a complete file. Take a look at this post which sets forth the types of evidence you should have in your file for a breach of contract claim, unjust enrichment claim, or account […]
FAQ’s: Everything You Need to Know About Motions.
What is a Motion? Motions. A motion is an application/request to the Court to do something. For example, a motion to dismiss is asking the Court to dismiss certain causes of action because they have no legal or factual merit. For example, a motion for summary judgment is asking the Court to render a judgment […]
FAQ’s: What Happens After You Get a Favorable Decision: Getting a Judgment and Enforcing the Judgment
Let’s assume that we file a motion in court seeking a decision in your favor because: The defendant did not respond OR The defendant did respond but all discovery is complete and there are no issues of fact OR The defendant’s defenses and claims should be dismissed Assuming we get a favorable decision on your […]
FAQ’s: What if the Other Side Doesn’t Respond to My Discovery Demands?
The general rule with respect to discovery is as follows: “Parties to civil litigations are granted broad rights to disclosure of all relevant and material matters as well as documentation that might lead to the discovery of admissible proof.” Montgomery v. Taylor, 275 A.D.2d 698, 713 N.Y.S.2d 188 (2d Dep’t 2000). The Civil Practice […]
FAQ’s: What if the Defendant Doesn’t Respond to My Lawsuit?
A lawsuit is commenced by filing and then serving a Summons and Complaint. The Defendant then has 20 days to serve an Answer (30 days if they were not personally served). But what happens if someone doesn’t Answer the Summons and Complaint? Well, in New York the applicable statute that deals with defaults is as […]
FAQ’s: The Litigation Process
LITIGATION PROCESS EXPLAINED Note: this is for educational purposes only Commencement and Pleadings. Generally, a lawsuit is commenced by filing and serving a Summons and Complaint. The Defendant must serve an Answer within 20 days if served personally or 30 days if served by any other means. Discovery Process. Discovery is the process of investigating […]
FAQ’s: Avoiding Personal Liability in a Lawsuit
PIERCING THE CORPORATE VEIL The corporate veil: the legal concept that separates an individual from the business he or she owns providing that business owner with the benefit of limited liability. It’s that mystical legal wall that stands between the business owner and third parties, protecting the business owner from being held personally liable in […]