Dallas, TX asked in Personal Injury for New York

Q: back in December I had a motion conference for a civil case the preliminary conference is in may what's next

I want to know what are the next steps until I get a settlement or win my case

Related Topics:
2 Lawyer Answers
Charles Edward Green
Charles Edward Green
Answered
  • New York, NY
  • Licensed in New York

A: If things go as they are supposed to, at the preliminary conference deposition dates will be set, discovery deadlines given, a future status conference scheduled, and a date for the filing of the note of issue will be set. At some point the parties will exchange paper discovery as set forth in the preliminary conference order, then proceed to depositions on the dates set in the order. Once the depositions are finished, the plaintiff will file the Note of Issue, which tells the court that the case is ready for trial. Usually within 60 days of the filing of the note of issue, the parties are required to file dispositive motions if they feel summary judgment is warranted. There will then be several pre-trial conferences before an actual trial date is set. More often than not, parties ignore certain deadlines requiring further conferences, and/or motions. In New York City, the process I just described typically takes between two and four years.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: The only thing I'd add, since you also ask about settlement, is that settlement could take place at any time along the timeline right up to trial. It's difficult to answer WHEN you'll get your settlement because that could depend on how readily your attorneys and the other side's attorneys are able to come to a meeting of the minds over liability issues, extent of damages, and a figure that is mutually agreeable to both sides. Good luck on your case

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.