What is the primary document that initiates a civil lawsuit in New York?

Prepare for the NYLE Civil Practice and Procedure Test. Access flashcards and multiple choice questions, each with hints and explanations. Get fully prepared for your exam now!

The primary document that initiates a civil lawsuit in New York is the summons and complaint. This dual-document initiation serves two key functions. The summons is a legal notice that informs the defendant they are being sued and provides critical information about the nature of the lawsuit, including the court in which the action is filed. The complaint, on the other hand, outlines the specific claims against the defendant, detailing the facts of the case and what relief is being sought. Together, these documents enable the court to establish jurisdiction over the case and formally notify the parties involved.

In contrast, other options like petition and motion typically pertain to specific requests made during the course of litigation, rather than the initiation of a lawsuit. Notice and claim usually relate to specific statutory requirements, particularly in contexts like municipal liability claims, but are not the general documents for starting a civil action. Finally, order and decree are terms used to describe decisions made by the court after a case has been initiated, not documents used to commence an action. Thus, the summons and complaint are essential to properly launching a civil lawsuit in New York.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy