This document provides an overview of the civil litigation process in 5 stages: pleadings, discovery, motions, trial, and appeal. It begins with a brief outline of the typical pleadings filed, including complaints, answers, counterclaims, and replies. Discovery procedures like interrogatories, depositions, and demands for documents are then explained. Common pre-trial motions such as motions to dismiss and for summary judgment are also summarized. Trial procedures for both Supreme Court and Landlord-Tenant Court are outlined, noting differences such as jury availability. Steps of a typical jury trial include opening statements, examination of witnesses, motions to dismiss, closing arguments and jury deliberation. The document concludes with a high-level

1. Colin E. Kaufman
Adam Leitman Bailey
In-Service Training Spring/Summer 2014
Overview of Civil Litigation for the Litigation Neophyte or the Non-Litigator
(EXTREMELY) BASIC CIVIL PROCEDURE
I) Pleadings
II) Discovery
III) Motions
IV) Trial
V) Appeal
I) PLEADINGS
A. Pleadings for Supreme Court (& Civil Court non L&T)
1. Tells the adverse party what your contentions are
2. Asserts jurisdiction
3. Generally
a. Summons and Complaint
b. Answer
i. Affirmative defenses
ii. Crossclaims among defendants
iii. Counterclaims against plaintiff
c. Third party complaint against non-party
d. Reply to Counterclaims
i. Summons and Complaint is filed at the time
the action is commenced
ii. Third-party complaint is filed
iii. Answer and Reply to Counterclaims need
not be filed but often are
B. Pleadings for Civil Court Landlord-Tenant
II) DISCOVERY
1. “paper” discovery (common ones follow)
a. Demand for a Bill of Particulars
b. Demand for Discovery and Inspection
c. Demand for witness information
d. Demand for expert witness information
e. Demand for collateral sources / Demand for insurance
coverage
f. Demand for appearances
g. Notice for entry upon land
h. Deposition Notice (see below)

2. Colin E. Kaufman
Adam Leitman Bailey
In-Service Training Spring/Summer 2014
i. Interrogatories
i. Every discovery demand and response is served on
every party
ii. Papers discovery and responses do not need to be
filed and almost always are not
2. Depositions (also called EBT’s, Deps and Depo’s)
a. Parties
b. Non-parties
i. Deposition subpoena duces tecum
ii. Notice to adverse parties
c. Deposition is an out of court oral sworn statement in a
question and answer format
i. Depositions are taken down by a court reporter and
sometimes a videographer
ii. Normally taken at the office of one of the lawyers
iii. Transcript is sent by the inquiring lawyer to the
deponent’s lawyer for client review and execution;
transcript is then returning fully executed to the
inquiring lawyer
3. Notice to Admit (the only one with a self-executing date)
4. Firm dates are set at a Preliminary Conference
a. Sometimes a judge, sometimes a law secretary
III) MOTIONS
1. A motion is a request for the Court to make a ruling (called a
decision or order)
2. Timing
a. In Supreme Court practice, can come at any time in the
proceeding (with limitations on individual types of
motions)
b. In Landlord-Tenant Practice can be at any time, but is
usually on an already scheduled court date or according to
an agreed upon “Motion Schedule”
3. Must be supported by affirmation (if only a matter of law or
procedure) and/or affidavit of someone with actual knowledge (as
to matters of fact)
4. Usually consists of
a. RJI (if first motion made) – Request for Judicial
Intervention + RJI fee ($95) + Motion fee ($45)
b. Notice of Motion (sets forth the date, time and place of the
submission, the parties, the relief sought and a demand for
answering papers) or Order to Show Cause
c. Affirmation (of the lawyer) in Support
d. Affidavit(s) in Support
e. Exhibits

3. Colin E. Kaufman
Adam Leitman Bailey
In-Service Training Spring/Summer 2014
f. Will almost always be accompanied by a Memorandum of
Law which discusses to law applicable and the reason why
the movant thinks he should win.
g. Copies on all parties, original gets filed with AOS
5. Will be countered with an Affirmation and/or Affidavits in
Opposition, usually with Exhibits and usually accompanied by a
Memorandum of Law – original gets filed with AOS, copies to all
parties
6. The Opposition may be met with a Reply which may or may not
have an Affirmation/Affidavit(s) , Memorandum of Law - original
gets filed with AOS, copies to all parties
7. Common motions:
a. Motion to dismiss (at the pleadings stage)
b. Motion for a protective order (or to compel) at the
discovery stage
c. Motion for summary judgment (decision can be made as a
matter of law – avoids a trial)
d. Motion to renew and/or reargue (after your motion is
denied)
8. Orders to Show Cause
a. Correcting errors
b. Covering the same things as an ordinary motion
c. Getting emergency relief
IV) TRIAL in Supreme Court practice
1. After the completion of discovery, plaintiff serves and files a Note
of Issue and Certificate of Readiness
2. Case is normally conferenced one or more times (where/when
depends on the county)
3. Trials can be jury (civil trials have a jury of six + 2 alternates) or
non-jury (tried by a judge sitting alone – also known as a bench
trial)
4. General outline of a jury trial
a. Opening by plaintiff
b. Opening by defendant
c. Proof offered by Plaintiff
i. Witness testifies on direct examination for plaintiff
ii. Witness is cross-examined by defendant
iii. May be redirect, recross, etc
d. Plaintiff rests (formally ends his direct case)
i. Oral motion to dismiss and/or for a directed verdict
by defendant
ii. Nearly always denied
e. Defendant may put on a case
f. Defendant rests

4. Colin E. Kaufman
Adam Leitman Bailey
In-Service Training Spring/Summer 2014
g. Motions to dismiss or for a directed verdict by defendant;
unusually motion for a directed verdict by plaintiff
h. Charge conference (what is going to be given as jury
instructions)
i. Defendant “sums up” i.e. gives closing argument
j. Plaintiff sums up
k. Judge charges the jury
l. Jury deliberates and renders it verdict
m. Post-trial motions
i. Set aside the verdict
ii. Judgment notwithstanding the verdict
n. Judgment is submitted by the winner either to the clerk (if
for a sum certain) or the Court (if judgment includes other
relief) and entered by the Clerk of the Court
TRIAL in Landlord Tenant practice
1. After the Court has determined preliminary procedures are done,
the case gets sent out for trial. This could be on the very first day.
2. Almost all trial judges will try to settle the case instead of trying it.
3. Trials can rarely be jury (civil trials have a jury of six + 2
alternates) or usually non-jury (tried by a judge sitting alone – also
known as a bench trial)
4. General outline of a trial
o. Opening by petitioner
i. Prima facie documents
p. Opening by respondent
q. Proof offered by petitioner
i. Witness testifies on direct examination for
petitioner
ii. Witness is cross-examined by respondent
iii. May be redirect, recross, etc
r. Petitioner rests (formally ends his direct case)
i. Oral motion to dismiss and/or for a directed verdict
by respondent
s. Respondent may put on a case
t. Respondent rests
u. Motions to dismiss or for a directed verdict by respondent;
unusually motion for a directed verdict by petitioner
v. Charge conference (what is going to be given as jury
instructions) if in the rare case, there is a jury
w. Respondent “sums up” i.e. gives closing argument
x. Petitioner sums up
y. Judge charges the jury if applicable
z. Jury deliberates and renders it verdict or judge does if a
bench trial.
i. Tracking for decision

5. Colin E. Kaufman
Adam Leitman Bailey
In-Service Training Spring/Summer 2014
aa. Judgment may be submitted by the winner either to the
clerk (if for s sum certain) or the Court (if judgment
includes other relief) and entered by the Clerk of the Court
but is usually written up by the Court itself
bb. Service with notice of entry
V) APPEAL
1. Appeal is taken by filing with the trial court a “Notice of Appeal”
within thirty days after service of the judgment with notice of entry
– in some Judicial Districts must be accompanied by a RADI
(Request for Appellate Division Intervention)
• the thirty days is jurisdictional and is one of the
strictest time limits in civil practice. Don’t blow it.
Be early so you can revise your papers if needed.
Don’t forget the filing fee.
2. Interlocutory Appeals (appeals from an Order which does not
finally determine the case) can also be taken
3. A cross-notice of appeal can also be filed
4. Thereafter, the party appealing (the appellant) must produce a
“Record on Appeal” and Appellant’s Brief
5. The party opposing the appeal (“the Respondent”) files a
Respondent’s Brief
6. The Appellant may file a Reply brief
7. Oral argument is scheduled
8. Argument
9. Decision
Please note: On the L&T side EVERY sheet of paper that comes in to the office by fax,
hand, mail, client, carrier pigeon or whatever is to be pdf'd to DT and CZR by the support
person pdf'ing it to him/herself and changing the file name to something figureoutable
and then retransmitted to DT and CZR. It should also, at that very moment, be entered in
the case update.

6. Colin E. Kaufman
Adam Leitman Bailey
In-Service Training Spring/Summer 2014
MORE BASICS
1) Expectations
a. Work hard
b. Work smart
c. Be absolutely honest
1. If you don’t think you can do it – say so
2. If you don’t think you can do it on time– say so
3. If you don’t know how to do it –say so
4. If you made a mistake – say so
a. We can usually recover from a mistake, but only if we
know about it
2) Duty of Confidentiality
a. Required by rules of ethics
b. Everything that happens in the office stays in the office
c. Worst thing that could happen to us is betrayal of trust of our clients
3) Courtesy
a. Good Morning, Adam Leitman Bailey, PC, John Smith speaking, may I help you?
4) If you don’t know (or don’t remember) - ask
5) Filing
a. Exceptionally important
b. Once misfiled, lost forever
c. Court relies on us to retain and be able to produce documents
d. Filing should be done daily
6) Bill your time
a. if you don’t know if the matter is billable, ask
b. Billing is client contact – make the client aware of what it is you did for which
they are paying (i.e. not just “.8 typing, copying, mailing” but “.8 produced
bluebacks, made six copies of motion for summary judgment for CEK, served
motion by mail on all parties, drafted and executed Affidavits of Service,
submitted original for filing with the Court”
7) Always ask for
a. Matter
b. Suspense date (when the job is due to be done)
8) Be proactive – if you have down time, ask a lawyer or another staff member what you
can do to help
9) Priorities
a. Sometimes more than one attorney has something to be done
b. If you can prioritize, do so
c. If you are not sure, ask both attorneys which job has priority
d. If you have a problem thereafter, ask the partner in charge of the group which has
priority and advise the second prioritized attorney