Legal Question in Personal Injury in New York

Re: Deposition questions

There are no certainties, but it wouldn't be odd for depositions of both drivers to be taken in the same day. Usually deposition dates are mutually agreed to by the attorneys and no subpoenas are necessary. There is no specific time period a trial would begin following a deposition, but typically the deposition occurs a few months before trial. Good luck!

Re: Deposition questions

Any party can be present at a deposition with their attorney. An interpreter is provided if a witness feels more comfortable speaking in his or her native tongue. A judge is not present unless there is some extraordinary circumstance.

A subpoena must be issued for a non-party witness deposition but party depositions are almost always ordered at a scheduling conference earlier in the proceedings.

In State Court (as opposed to Federal Cuort), the time period between deposition and trial can be substantial. There are usually supplementary document demands made by the parties after depositions. Physical examinations and inspections are also usually conducted after depositions.

In State Court, the Plaintiff's attorney then files a "Note of Issue" which requests that the court place the case on the trial calendar. Trial calendars in NYC are very lengthy and vary quite a bit depending on the County and court. For example, the trial calendar in Queens Supreme is presently about 18 months and two years if the City of New York is a party. The last time I checked, the trial calendar in Brooklyn Civil Court (jurisdiction of $25,000.00 or less) was several years.