Subpoeana a Police Report for NY - Civil Action

[melsdutchworld]

What is the name of your state?What is the name of your state?NY

I am trying to represent myself in a civil action that I have not yet decided whether to file in NY Supreme Court or the Civil Court of the City of NY. My claim revolves around an incident that happened last month when I left a restauraunt and was attacked by a hoodlum. Thankfully, the police immediately responded to a 911 phone call made by a witness and they filled out a police report taking my statements and his. He claimed I attacked him. I went to the hospital and did not press charges.

I am having trouble getting the defendants name listed in the police report. I requested a copy from the Criminal Records Division in New York but they said I need to subpoena it.

I am uncertain how to proceed to serve my subpoena "duces tecum" to get access to the police officers memo book. I have been told that "a subpoena used in litigation needs the contect of an action or a proceeding whose caption it bears; it is not an independent process". As such, do I need to commence an action against the City of New York? And if so... do i have to file a Claim of Notice and obtain a Claim Number from: City of NY/Comptroller/One Centre Street 6th Floor?? Or is there some other way to proceed.

Please help me, I have only a 1 year SOL and am getting concerned I will run out of time.

 

[meganproser]

I don't think anyone can tell you where to file without knowing exactly who you are trying to sue and for what. Can you explain those things?

>>He claimed I attacked him. I went to the hospital and did not press charges.

If you were not interested in pressing charges against the assailant I can't imagine what civil action you are trying to pursue.

 

[BelizeBreeze]

You have been told right. You can't 'go fishing' without a requisite legal action . But on what basis would you think you have an action against the city of NY? Your ONLY course of action from your post is against the person who attacked you.

And, since you did not press charges, you won't have any luck in a civil case.

 

[melsdutchworld]

Subpoena

I will sue the defendant as a John Doe until I learn his real name. I need to subpoena the defendants name from the police report. And as far as I understand , I still have a valid legal claim even though I did not pursue criminal charges. Whomever claimed I have no civil case because I did not file criminal charges simply does not know what they are talking about.

 

[meganproser]

This makes no sense at all. Why didn't the police at the scene charge at least ONE of you? If there are any witnesses to back up your version of events, why wouldn't the other guy have been charged?

If there are NO witnesses to the actual start of the fight, how do you expect to prevail in civil court.

Yes, you have a right to file a civil suit without pressing criminal charges. But don't you understand what that looks like to a jury? What REAL victim, turns down the opportunity to seek justice through the criminal system? It will look as though what you really care about, is the possibility of getting some CASH for the incident.

BTW, how much money do you think this "hoodlum" has? You whole plan of action is very strange.

 

[melsdutchworld]

megan

megan,

I really believe your "off the mark". I don't think you have any experience to ascertain what a jury will do. Besides, many lawsuits are settled before they reach a jury.

As for the reason why I did not press criminal charges- When the cops arrived at the scene- his friends claimed I attacked him. The officer didn't want to unravel what really happened. The NYPD would have put both of us in jail. I am a very succesful business man and I did not want to press criminal charges because I didn't believe the criminal justice system is the best means to achieve justice.

As for a jury believing me----thats what juries do. I am confident that a jury may rule in my favor when they ascertain the facts. I have no criminal record. I am actively engaged in civic duties in my community. I have a gigantic gash across my face because this bozo attacked me with a metal object. And he has NO SCARS because I don't fight and didn't even throw a punch.

So megan...PLEASE before you start giving advice, please ascertain the whole situation. I am done with these boards. I came here asking for legal advice and all I get are poor-incompetent-lawyers that have no idea what they are talking about.

Bye Bye

 

[meganproser]

>>I don't think you have any experience to ascertain what a jury will do.

I have common sense. I know I would seriously question the motive of someone who filed a civil suit, but couldn't be bothered to sign a few papers and appear in criminal court. It would make me think that you didn't feel you could meet the burden of proof in a criminal case...and the fact that you didn't even try, would make me wonder about your story.

My PERSONAL feeling is that the victim of a crime has something of a social obligation to the rest of us. I understand the frustration of dealing with the CJ system but what does it cost YOU to help make a little dent in this guy's record?

You know what though? The bottom line is that you wanted to know how to get the defendant's name. The EASIEST way for you to do that, is to press charges. Your reluctance to do that, makes one wonder.

>>As for the reason why I did not press criminal charges- When the cops arrived at the scene- his friends claimed I attacked him. The officer didn't want to unravel what really happened. The NYPD would have put both of us in jail.

Oh? Then evidently, it was not clear to the police that your actions were strictly in self defense. I am getting the feeling that this was not some crazed fool on the street who ran up and attacked you. Sounds like it was more a case of two guys engaging in a verbal altercation, which became a physical fight.

>>As for a jury believing me----thats what juries do. I am confident that a jury may rule in my favor when they ascertain the facts.

That confidence is obviously based upon things you did not share in your original post. No one here can comment on anything except what you have shared and your failure to press charges leads to questions. I don't know why you are so defensive about being ASKED QUESTIONS.

>>I have a gigantic gash across my face because this bozo attacked me with a metal object. And he has NO SCARS because I don't fight and didn't even throw a punch.

So he used a WEAPON and you didn't and you STILL don't feel the need to press charges? And it was not clear to the cops at the scene that you were the victim? There has to be a BIG piece of this story missing.

>>So megan...PLEASE before you start giving advice, please ascertain the whole situation.

Did you notice that my whole post was designed to acertain more info?

>>I came here asking for legal advice and all I get are poor-incompetent-lawyers that have no idea what they are talking about.

I am not a lawyer. Your post made it sound like you were thinking of suing the city. You STILL have not given a real explanation of why you didn't press charges. Good luck with your law suit.

 

[melsdutchworld]

melsdutchworld

I came here for legal advice NOT ideas about pop psychology. Thanks to the person that pointed me in the direction of CPLR 3101 and 3120.