Legal Question in Personal Injury in New York

Re: answering a pre trial motion

The best advice I can give to someone representing themself is to get a copy of the Rules and follow them. Good luck.

Re: answering a pre trial motion

You need to oppose the motion in writing following the rules as outlined in the statutes.

Good Luck

RRG

Re: answering a pre trial motion

Well, you should write an "affidavit" in opposition to the motion (if there is a nonfrivolous and meritorious basis to your claim against that particular defendant) referring to the documents, and attaching them as exhibits. Your affidavit should be impeccably written, carefully demonstrating why genuine factual issues exist warranting taking that defendant to trial. You should also, in a separate memorandum of law (but often also in the affidavit itself), marshal all of the relevant and controlling legal principles and cases, carefully distinguishing the cases raised by that defendant, and skillfully and compellingly showing why the case law really supports your position (assuming that it is arguable that it does). This account of the legal principles must also be impeccably written. You won't get any points for being a nonlawyer doing your best, and the court will probably treat your presentation of "documents" politely but will be more comfortable assessing the defendants' legally articulate reasoning.

Re: answering a pre trial motion

It is unclear from your question whether you are the plaintiff or one of the defendants. If the motion is filed against you, you must file and serve a written opposition prior to the date the motion is scheduled to be heard in court. If you want to join in the motion, or if you want to file a motion against that defendant, you must file and serve a "cross-motion." The time limits for doing so are set forth in the court rules. I would caution you, however, that representing yourself in a "complicated" negligence case may not be a good idea. Please feel free to contact me should you wish to discuss this further.