When a civil case and a criminal ivestigation run parallel

[research-]

NY- Lets say john files a civilsuit against an individual for monetary loss against bob. Bob turns around and files a criminal complaint alleging criminal misconduct on johns side. What are the investigation procedures to obtaining information on the civil case?

 

[TheGeekess]

NY- Lets say john files a civilsuit against an individual for monetary loss against bob. Bob turns around and files a criminal complaint alleging criminal misconduct on johns side. What are the investigation procedures to obtaining information on the civil case?

Let's say we don't do hypotheticals or homework.

 

[research-]

Let's say we don't do hypotheticals or homework.

real life not homework.

 

[Proserpina]

real life not homework.

Then give the details please.

 

[CdwJava]

NY- Lets say john files a civilsuit against an individual for monetary loss against bob. Bob turns around and files a criminal complaint alleging criminal misconduct on johns side. What are the investigation procedures to obtaining information on the civil case?

In general, John can have his attorney proceed against Bob at whatever pace John decides. The police will decide the pace of the criminal investigation against John. John can still seek discovery and issue subpoenas should he choose, and Bob can seek to quash these requests if he can.

 

[research-]

In general, John can have his attorney proceed against Bob at whatever pace John decides. The police will decide the pace of the criminal investigation against John. John can still seek discovery and issue subpoenas should he choose, and Bob can seek to quash these requests if he can.

during the investigation can police use testimony and or court documents from the civil case to investigate the criminal?

 

[research-]

Then give the details please.

can investigator obtain documents from the civil case to help their investigation?

 

[CdwJava]

during the investigation can police use testimony and or court documents from the civil case to investigate the criminal?

In most cases, sure.

Both sides can use relevant documents, testimony, affidavits, etc. from the other case. This is why you have a civil attorney to help advise you. Timing can play an important role in one or both cases.

 

[HighwayMan]

Bob turns around and files a criminal complaint alleging criminal misconduct on johns side.

There is no such criminal charge in New York as far as I know.

If I'm wrong please provide the statute.

 

[latigo]

NY- Lets say john files a civilsuit against an individual for monetary loss against bob. Bob turns around and files a criminal complaint alleging criminal misconduct on johns side. What are the investigation procedures to obtaining information on the civil case?

"Let's say" that you study and fully acquaint yourself with the following:

New York's Civil Practice Laws & Rules (CPLR) Article 1 thru Article 100 – Sections 101 thru Section 10001; and

New York’s Criminal Procedure Article 1 thru Article 730 – Sections 1 thru 730.10.

Also, the volumes of New York case interpreting those various rules and procedures.

It shouldn’t take you but a few years.

Anything else?

 

[research-]

can you message me so i can add an extra detail without posting it

Can you pm me so I can add a little more detail to the case

In most cases, sure.

Both sides can use relevant documents, testimony, affidavits, etc. from the other case. This is why you have a civil attorney to help advise you. Timing can play an important role in one or both cases.

 

[CdwJava]

Can you pm me so I can add a little more detail to the case

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