Serving Rutherford, NJ

Attorneys at Law


Court hall Trial in court Paper works

What does Litigation Mean?

Litigation is the process of resolving disputes which you enter into when you start a lawsuit or when you are sued. The forum for the litigation has established rules and procedures that must be followed.

This Process includes procedures in the event you are not entirely satisfied with the tribunals' decision. This is called the Appeal Process. The attorneys at Cleary Reid, LLC have been involved in litigation for over 44 years.

During that time, they have assisted clients in filings and proceedings from the trial level all the way to the New Jersey Supreme Court.

James H. Cleary has had the privilege of arguing two cases before the New Jersey Supreme Court. Kahrar V Borough of Wallington 171NJ3 (2002) and Fire Guard Sprinkler Corp V Manolio 84 NJ482 (1980).

In the case of Kahrar V Borough of Wallington, Patricia E. Reid, while she was still in school, assisted her father in writing the Brief, which is a legal argument that would be presented to the Court. In that case the trial Judge ruled in part that the street in which the pedestrian/plaintiff was injured, was designed only for automobiles and as such the plaintiff could not recover for her injury because of a defect in the roadway.

Patricia E. Reid, who had been active on her track team at Holy Angels High School, indicated that this would mean when her teammates who practiced on the roads they would not be protected. The Supreme Court reversed the lower Court's decision and the matter was able to be settled without a trial having to be conducted.


Process after Litigation has started 

The primary objective, prior to appearing before the Judge, hearing officer of settlement panel, is to determine all the facts. This process is called Discovery. Paper discovery includes written questions to the other side called Interrogatories, Demands of admission of facts, or Demand for Production of documents. The investigation to discover the facts includes dispositions in which the oral testimony of a witness is taken under oath and the questions and answers are reduced to writing, by a court reporter which can be used in the trial. In the event that the requested discovery is not provided, applications for assistance may be made to the court by motion to compel compliance. Prior to the actual hearing by the Judge or hearing officer, efforts can be made to settle the dispute. This may involve simply sitting down and discussing the issues with the other side. Many forums established required pretrial settlements procedures. These include mandatory arbitration, mediation, and Early Settlement Programs. The attorneys at Cleary Reid, LLC can assist you all the way.

Learn the steps involved in filing a lawsuit

With more than 40 years of experience, the team at Cleary Reid LLC of Rutherford, NJ is

all you need to guide you through your litigation process.

Let us help you resolve

all your civil

litigation cases.