Litigation & Appeals
Russo & Kieck Attorneys For Litigation & Appeals
Located in Hackensack, New Jersey, Russo & Kieck is a civil litigation law firm offering legal services to clients in Bergen County, Paramus, Saddle Brook, Midland Park, Englewood, Fort Lee, Rutherford, Passaic County, Paterson, Clifton, Wayne, Essex County, Newark, Bloomfield, Hudson County, Secaucus, Union City, Morris and Union Counties and all other areas of Northern New Jersey.
If cases cannot be settled, then litigation must be pursued. Not all lawyers are litigation lawyers. Litigation requires a special skill of evaluating the cause of action, the likelihood for success, having knowledge of the intricacies of civil practice and the jury system and the having the ability to present a case to the jury in a way most favorable to the client. Once a lawsuit is filed, court rules must be followed. The failure to follow the rules can result in a dismissal of the ligation sometimes with prejudice. Almost all cases can be filed in state court. However, there are certain cases that must be filed in federal court or that can be removed to federal court.
Litigation is a very time consuming process for both the litigant and the attorney and both must be committed to pursue the case through trial. The court rules establish certain periods of time for discovery which is broad based and allows written and oral questions about the case, the injuries and any issue that may lead to the discovery of admissible evidence. Documents can also be requested. Generally, each party pays for his legal expenses although there are certain statutes that do provide for an award of attorney’s fees.
If a party does not follow the court rules, motions can be made to the court seeking an order that the party comply with the rule or be penalized, that the case be dismissed, that certain evidence be barred etc.. In cases requiring experts, the experts’ reports must be obtained in a certain time period and the report must contain certain specific information and opinions.
Litigation can be very complex involving difficult and complicated issues and discovery. Certain cases are deemed complex by the court rules and allowed extra discovery time. The court has the discretion to extend discovery periods if the request is justified.
Appellate practice requires specific skills. Although a case has an unfavorable result and an appeal is filed, the appeal will not be successful unless the appellant can show an error on the part of the trial court or that the present state of the law allows a public injustice. There are rules that must be followed throughout the appellate process including brief filing requirements such as timing, page format and length. There is a time period to request oral argument. If the appeal is denied, there are procedures to seek a review by a higher court such as the New Jersey Supreme Court or the Federal Court of Appeals.
Conveniently located directly across from the Bergen County Courthouse, Russo & Kieck attorneys are experienced in all aspects of civil litigation and appeals. Schedule a consultation by contacting us at 201-342-3100.