legal information
We provide a variety of legal knowledge and information, and inform you about legal procedures and response methods in each field.
New York Trials
What to Expect in Civil and Criminal Courtrooms
New York State’s trial process reflects a balance of procedural formality and case-specific flexibility. Whether you are a plaintiff, defendant, or witness, understanding the structure and flow of trials in New York courts is essential.
contents
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)
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
