Legal Question in Business Law in New York

New York, Federal, Pro Se, Appeal or New Trial?

Due to financial constraints, I'll be filing pro se.

We, the Plaintiffs, sued the defendants and they countersued us. They are a subsidiary of a major corporation, had the case removed to federal court with a bench trial. The Judge found in favor of the Defendants.

It's my understanding that we have 10 days to file for a new trial. How do I do this? The pro se office is very vague and I'm not finding any specifics on it or what would constitute grounds for a new trial. Any hints?

Also, when does the clock start? I was told I had 10 days from the date the judgment was entered onto the docket (or something to that effect). Is that right?

And, I have 30 days to file an appeal?


Asked on 10/24/08, 2:52 pm

3 Answers from Attorneys
Warren Markowitz Warren R. Markowitz, Esq

Re: New York, Federal, Pro Se, Appeal or New Trial?

Please check with the Court Clerks Office, or you can do some research into the court rules which are typically found on the court's internet site.

But, be aware, time constraints are important, do not hesitate.

I agree with the other Attorney that answered. Attempt to find an Attorney that can or will take the case on contingency, this may be your best alternative instead of Pro Se.

Read more
Answered on 10/27/08, 12:26 pm
Warren Markowitz Warren R. Markowitz, Esq

Re: New York, Federal, Pro Se, Appeal or New Trial?

Please check with the Court Clerks Office, or you can do some research into the court rules which are typically found on the court's internet site.

But, be aware, time constraints are important, do not hesitate.

I agree with the other Attorney that answered. Attempt to find an Attorney that can or will take the case on contingency, this may be your best alternative instead of Pro Se.

Read more
Answered on 10/27/08, 12:27 pm
Nancy Delain Delain Law Office, PLLC

Re: New York, Federal, Pro Se, Appeal or New Trial?

Each court is different. Rather than asking the "pro se office," whatever that may be, ask the court clerk's office to point you to the forms section of that court's website, then you go through and pick and choose. The clerk's office cannot give you legal advice (which is what you're asking for by asking whether an appeal or a new trial is the way for you to go, and that question is WAY beyond the purview of this board), but they can point you to the portion of their website that may have the forms for download.

Pay close attention to your statutes of limitations.

Can't you find an attorney who would take your matter on contingency? I don't do contingency work, but many others do. Really, your best bet is to HIRE A LAWYER to handle this matter for you. You're up against a corporation that has at least one team of well-qualified and well-educated lawyers working on this; pro se is just really not the way to go in this situation.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Read more
Answered on 10/24/08, 5:20 pm


Related Questions & Answers

More Business Law questions and answers in New York