Mario Cometti

A seasoned litigator, Mario uses his diverse background and a long track record of successfully representing individuals and businesses throughout NY State and around the country. He is applying that experience with his law practice and ESG Strategies, a consulting business he co-founded that assists business assess, plan and implement groundbreaking and vanguard Environmental, Social and Governance principles.

1. Demystifying Civil Litigation_
An In-depth Exploration

2. Civil litigation refers to a legal dispute between two or more parties that seek monetary damages or specific
actions rather than criminal sanctions. It is a cornerstone of the legal system, enabling individuals, businesses,
and public bodies to assert their rights and seek redress for harm caused to them. Its prevalence can be
attributed to the wide range of situations it covers -from disputes involving contracts, properties, and
employment to personal injury, defamation, and family matters.
Mario Cometti
Civil litigation is an essential course of action to restore balance and uphold justice, and its understanding is
crucial for every individual and business entity. The civil litigation process is often complex and can be broken
down into several key stages. It begins with the plaintiff, the party claiming to have incurred damages, filing a
complaint against the defendant, the party alleged to have caused the injuries.
The defendant is then served with a summons and a copy of the complaint and has a specific time limit to
respond. The next stage is the pleadings, where both parties can state their case in writing. This is followed by
the discovery phase, where each party investigates the other's legal claims and defenses.
They send questions or interrogatories and request relevant documents to gather as much information as
possible. The pre-trial stage follows, during which attorneys might file motions to resolve the case or limit the
issues for trial. The case moves to the trial stage if these preliminary issues aren't fixed.
Both sides present their case in court, and a judge or jury decides. If a party is dissatisfied with the decision,
they can move on to the appeals stage. In a civil lawsuit, the parties involved primarily include the plaintiff, the
defendant, and their respective attorneys. Attorneys play a pivotal role in civil litigation.

3. They represent their client's interests, guide them through the legal process, negotiate, and advocate for them in
court. An attorney's expertise and strategy can significantly influence the outcome of a civil lawsuit. The first stage in
the pre-trial phase is the investigation and pleadings.
The plaintiff's attorney investigates the facts of the case to determine if there's a valid claim. If there is, the attorney
then drafts a complaint outlining the plaintiff's allegations and the legal basis for the claim. The defendant is served
with this complaint and has a designated period to respond, typically with an answer that admits or denies the
allegations. The defendant may also file counterclaims against the plaintiff or third-party claims against other parties.
After the pleadings, the discovery process starts. This is a critical stage where each side collects evidence to support
their claims or defenses. The parties exchange documents and written questions (interrogatories) and take depositions
or sworn testimonies outside the court.
This process is vital as it helps each side understand the strengths and weaknesses of the opposing party’s case, which
can help negotiate settlements or prepare for trial. The final stage in the pre-trial phase is the pre-trial motions and
hearings. These are legal procedures the parties use to resolve preliminary issues, clarify the facts of the case, and
determine what evidence will be admissible at trial.
The judge can make rulings on these motions that can significantly affect the direction of the case. There can also be
pre-trial hearings where the parties meet with the judge to discuss the case's progress and plan the trial. The trial phase
begins with the jury selection process, "voirdire."
In this stage, attorneys from both sides can question potential jurors to assess their suitability for the case. This process
ensures an unbiased jury reaches a fair and impartial verdict. It involves a series of questions designed to identify
preconceived notions, biases, or potential conflicts of interest that may impact their judgment.
Once the jury has been selected, the trial officially begins with the opening statements. This is the initial opportunity for
the respective attorneys to present their case in a narrative form. The plaintiff's attorney generally goes first, followed
by the defendant's attorney. The opening statement is not an argument but a roadmap of what each side anticipates
the evidence will show.

4. After the opening remarks, the litigants proceed to the presentation of evidence, which includes witness testimonies and physical evidence. The plaintiff presents their
evidence first, followed by the defendant. Each party has the chance to cross-examine the opposing side's witnesses.
This stage demonstrates the factual basis of each side's case, and the jury assesses the credibility of the evidence presented. The final phase of the trial is the closing
arguments, which are the attorneys' last opportunity to address the jury directly. Here, each attorney summarizes the evidence, draws inferences, and argues why
their client's version of events is the most credible.
The plaintiff's attorney goes first, followed by the defendant's, and then the plaintiff's attorney has a final chance to respond. After the closing arguments, the judge
gives the jury instructions, and the jury retires to deliberate and reach a verdict. The jury moves into the deliberation phase after the closing arguments and the judge's
instructions. This is a private, typically closed-door discussion among the jurors to evaluate the evidence and testimonies presented during the trial. Each juror shares
their perspectives, and a collective decision is made. After thorough deliberation, the jury reaches a verdict, which is the final decision on the matters of fact in the
case.
This verdict determines the trial's outcome in favorof the plaintiff or the defendant. Once the jury delivers its ruling, the prosecution may not be over. The parties can
file post-trial motions. These include a motion for a new trial, which can be requested due to perceived errors during the trialprocess, or a motion for judgment
notwithstanding the verdict (JNOV), where a party asks the court to reverse the jury's verdict because it is unreasonable.
Based on these motions, the judge can affirm, change, or modify the jury's decision.
If a party is dissatisfied with the trial's or post-trial activities' outcome, they can proceed with the appeals process. This involves taking the case to a higher court to
review the lower court's decision.
The appellant, the party who files the appeal, submits a brief arguing that the trial court made legal errors that affected the case's outcome. The appellee, the other
party, can also offer a brief to argue the trial court's decision was correct. The appellate court then decides which can uphold, reverse, or modify the lower court's
verdict.
This decision is typically the final judgment in civil litigation, though further appeals can sometimes be made to even higher courts. In conclusion, navigating the
complexities of civil litigation involves a series of distinct yet interconnected stages, each playing a crucial role in resolving legal disputes. This process starts with the
pre-trial phase, including filing the initial complaint and the discovery process, before moving to the trial phase, where evidence is presented, and arguments are
made before a jury.
This is followed by the post-trial phase, with room for motions and appeals. Understanding each step of this intricate procedurecan provide valuable insights into the
mechanics of the law and litigation process. A comprehensive grasp of these stages can help parties involved in a lawsuit to better strategize and prepare, ultimately
contributing to a more efficient and fair legal system.