Ithaca, NY asked in Civil Litigation for New York

Q: Is there a specific order I need to file claims if I plan to file a criminal and civil suit against someone who caused

my injury?

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3 Lawyer Answers

A: There is no order to file but most lawyers will want criminal proceedings to conclude before civil proceedings go to trial. But due to statute of limitations you cannot wait to file either.

Barry E. Janay
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Answered

A: Your question is a bit too general to answer, but to answer generally you can file a complaint in civil court and get a summons to serve the complaint upon the defendant. File a police report to initiate criminal proceedings.

Mitchell A. Nathanson
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A: You cannot file a criminal suit. This is in the jurisdiction of the District Attorney. If you believe you are the victim of a crime you must go to the police or the D.A. There is no order required as a prerequisite to filing a civil action. You must file a Summons and Complaint with the clerk and arrange for service upon the defendant. Service is complaint 10 days after timely filing the affidavit of service.

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