An Examination Before Trial, also known as an EBT, is another term for a deposition. A deposition occurs any time a person appears under oath to answer questions posed by an attorney. The EBT allows the opposing lawyer to collect testimony from a witness that assists in the preparation of a case. The testimony taken during a deposition can be used at a trial.
Tag Archive for ‘Discovery Phase’
In many, though not all cases, a client will receive a settlement offer and have to decide whether to take that offer or to proceed to trial. Making that decision requires a close working relationship between the attorney and the client, but the decision remains with the client.
The Note of Issue in New York is the legal filing that puts a case on the trial calendar.
The Preliminary Conference, also known as the “PC,” is the initial meeting of the lawyers for the parties in a lawsuit. The meeting takes place in a conference room at the courthouse and most commonly sets a schedule for the Discovery Phase, which includes the exchange of information and the scheduling of depositions and the defendant’s medical exam. It also allows for the settling of any disputes raised in the filing of the lawsuit or the initial exchange of papers. Typically, the plaintiff and defendant will not attend the Preliminary Conference and a judge will only participate if a dispute arises between the parties and one of the lawyers asks the judge to settle the dispute.
I have used this blog to explain the various steps in the legal process. Today, I will write about the Request for Judicial Intervention (RJI).
As the name suggests, an attorney files an RJI to ask the court to intervene in a court action. The RJI can be an important tool in both prosecuting a case and moving it forward. Most commonly, I file an RJI at the beginning of the Discovery phase and that triggers a meeting of the lawyers for all parties involved in the lawsuit. That meeting is called the Preliminary Conference and it takes place at the courthouse. At that time, we set a schedule for the exchange of information, depositions and the defendant’s medical exam. We also work to resolve any initial conflicts and if need be, ask a judge to intervene.
I have used this blog to explain the various steps in the legal process. Today, I will write about the Bill of Particulars that a plaintiff must send in response to the defendant’s Demand for a Bill of Particulars.
The Initial Response by a Defendant to a Lawsuit in New York: The Defendant’s Answer to the Complaint and the Demand for a Bill of Particulars
I have used this blog to explain the various steps in the legal process. Today, I will write about the initial response by the defendant to a lawsuit, which is made by sending two documents to the plaintiff attorney: an answer to the plaintiff’s complaint and a demand for a bill of particulars.
In most civil legal actions (these include everything from a personal injury lawsuit or medical malpractice case to a divorce), the parties have the right to collect information from the other parties as well as interested third parties. This information gathering is known as the Discovery Phase of a case. Discovery is very important because it reveals many of the facts in a case and many of those facts can only be learned through this formal legal process.
You can see that the way an attorney conducts discovery can determine the outcome at trial. In this article, I review the discovery process as it works in a New York personal injury case. This process may vary in family court matters and in other states, but this review should give you a basic understanding of the Discovery phase of a civil litigation.