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Civil procedure

Civil procedure includes the procedures and rules that govern civil (non-criminal) litigation in state and federal courts. Many states have rules of civil procedure written by the state supreme court, for example, and other states include their rules of procedure in state statutes enacted by the state legislature.

In New York, civil procedure is governed by a combination of state statutes and rules established by the courts. The primary source of civil procedure rules is the New York Civil Practice Law and Rules (CPLR), which is a comprehensive statute enacted by the state legislature. The CPLR covers various aspects of civil litigation, including the jurisdiction of the courts, the commencement of actions, service of process, pleadings, motions, discovery, trial procedure, judgments, and appeals. Additionally, the New York State Unified Court System has established the Uniform Rules for the New York State Trial Courts, which supplement the CPLR and provide detailed guidance on the conduct of civil litigation in the state's trial courts. Federal courts in New York, on the other hand, follow the Federal Rules of Civil Procedure, which are applicable to all federal district courts across the United States. These rules are established by the United States Supreme Court under the authority granted by Congress and govern procedural matters in civil cases in federal courts.

Legal Articles

State Statutes

abate lawsuit agreed case altering or amending judgment amending pleadings appeals

closing argument compel arbitration consolidation of lawsuits continuance

declaratory judgment default judgment defendant's answer to lawsuit directed verdict discovery dismissal for want of prosecution disqualification of attorney disqualification of judge

e - discovery e - filing evidence ex parte hearing exclude expert witness

findings of fact, conclusions of law forum non conveniens

hearsay

injunctions interpleader intervening in a lawsuit (intervention)

judgment judgment as a matter of law judgment notwithstanding the verdict (JNOV)judgment nunc pro tunc judicial notice jury charge jury selection jury verdict

motion in limine motion to dismiss

new trial nonsuit

offer of judgment or settlement offer of proof and bill of exception opening statement

personal jurisdiction plaintiff's petition or complaint pretrial conference

remand from federal court to state court remittitur removal from state court to federal court res judicata and collateral estoppel right to jury trial

sanctions, contempt separate trials / bifurcated trial serving defendant with lawsuit severance of claims special appearance special exceptions special master / master in chancery subject matter jurisdiction summary judgment summons and complaint

temporary restraining order (TRO)

venue

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Civil procedure

Individual & Family Legal Plan

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New-York State Code

New-York State Code

Civil procedure

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