Understanding the timeline for litigation in New York is crucial for business owners facing or considering a lawsuit. While each case is unique, there are general milestones in the litigation process that can give you an idea of how long it might take before a judgment is issued. Let’s break it down step by step:
Step 1: Filing the Complaint (0–30 days)
Litigation begins when the plaintiff files a complaint with the court. The complaint outlines the claims and the relief sought. After filing, the plaintiff must serve the defendant within 120 days in New York.
Pro Tip: If you’re served with a lawsuit, don’t ignore it. You usually have 20–30 days to respond, depending on how the complaint was served.
Step 2: The Answer or Motion to Dismiss (30–60 days)
The defendant responds to the complaint by either:
- Filing an Answer (addressing the allegations), or
- Filing a Motion to Dismiss (challenging the legal sufficiency of the claims).
This step usually takes another 30–60 days, depending on whether extensions are requested or granted.
Step 3: Discovery Phase (6–12 months or more)
Discovery is often the most time-consuming part of litigation. Both sides exchange documents, gather evidence, and take depositions. The length of discovery depends on the complexity of the case and how cooperative (or not) both sides are.
- Simple cases: Discovery might wrap up in 6 months.
- Complex cases: It could drag on for 12–18 months or longer.
Pro Tip: Use this time to build a solid case or negotiate a settlement. Many cases resolve during discovery once the facts are clearer.
Step 4: Motions and Pre-Trial Conferences (3–6 months)
After discovery, (or earlier if there are no issues for discovery) either party can file motions (e.g., a Motion for Summary Judgment to resolve the case without a trial).
- If no motion resolves the case, the court schedules a pre-trial conference to determine if the case is ready for trial.
This phase can add 3–6 months to the timeline.
Step 5: Trial (1–2 weeks)
If the case goes to trial, it could last anywhere from a few days to a few weeks. The trial length depends on the complexity of the issues and the number of witnesses.
Step 6: Judgment (Immediately or 1–3 months post-trial)
After the trial, or after a motion for summary judgment is fully submitted , the court issues a Decision which is then converted into a judgment. This can happen quickly (immediately after the trial) or take a few months if written opinions are required.
Overall Timeline: 1–3 Years
For most business disputes in New York, litigation takes 1–3 years from filing to judgment. Complex cases involving multiple parties or significant amounts of money can take longer.
How Much Time Do You Have Before a Judgment?
If you’re the defendant, you generally have months, if not years, before a judgment is issued. The court process moves methodically, with numerous opportunities to resolve the case before trial. That said, don’t delay in responding to legal notices or taking action to protect your business interests.
Pro Tip: Settlement is always an option at any stage of litigation, and it can significantly shorten this timeline.
Final Thoughts
Litigation can feel overwhelming, but understanding the timeline can help you prepare strategically. Whether you’re considering filing a lawsuit or defending one, consult an experienced attorney early to assess your options and avoid costly missteps.
