1. New York Trials: Court System Overview and Jurisdiction
The New York State Unified Court System includes:
- Supreme Court (for most civil trials)
- County and Criminal Courts (for criminal trials)
- City and Town/Village Courts (for misdemeanors and violations)
Civil cases involving over $25,000 are generally filed in Supreme Court, despite its confusing name. Felonies are tried in County or Supreme Court, depending on location.
New York Trials: Jury Trials vs Bench Trials
Civil litigants can demand a jury trial, but many matters proceed before a judge alone. Criminal defendants are entitled to a jury of 6 (for misdemeanors) or 12 (for felonies), unless waived.
2. New York Trials: Steps in Civil Proceedings
Civil trials typically follow these stages:
- Complaint and Answer
- Discovery
- Motion Practice
- Trial (Bench or Jury)
- Verdict and Judgment
Discovery includes depositions, document production, and interrogatories. Motions may address summary judgment or evidentiary issues.
New York Trials: Civil Case Timelines and Delays
Civil cases can take 12–24 months before trial. NYC courts face backlog, so pre-trial conferences and settlements are encouraged. Complex cases (e.g., medical malpractice) often require court approval of expert witnesses.
3. New York Trials: Criminal Trial Process
Criminal trials in New York follow this process:
- Arraignment
- Discovery and Motions
- Pre-trial Hearings (e.g., suppression, Wade, Mapp)
Jury Selection
- Trial
- Verdict
- Sentencing (if guilty)
Pre-trial hearings are critical for determining what evidence can be presented.
New York Trials: Discovery and Brady Obligations
Under CPL Article 245, prosecutors must provide discovery within strict timeframes. This includes witness statements, bodycam footage, and exculpatory evidence (Brady material).
4. New York Trials: Jury Selection and Voir Dire
Jury selection is guided by CPL Article 270. Parties may use:
- For-cause challenges (bias, knowledge)
- Peremptory challenges (limited, no reason needed)
Bias related to race or gender (Batson challenge) is prohibited.
New York Trials: Standard of Proof and Burden
- In criminal trials: “Beyond a reasonable doubt”
- In civil trials: “Preponderance of the evidence”
5. New York Trials: Technology and Pandemic-Era Changes
Post-COVID, New York courts have embraced:
- Virtual hearings (especially for pre-trial)
- E-filing in most civil and family cases
- Remote testimony upon court approval
New York Trials: Strategic Considerations
Litigants in New York must consider:
- Forum selection (e.g., Manhattan vs. Brooklyn Supreme Court)
- Judicial temperament and trial congestion
- Jury pool demographics by borough
6. New York Trials: Final Judgment and Appeal
Appeals from Supreme or Criminal Court go to:
- Appellate Division (1st, 2nd, 3rd, or 4th Department)
- Then possibly to New York Court of Appeals (highest court)
17 Jul, 2025
