How a Civil Lawsuit Works, Step by Step
Civil lawsuits (disputes over money, contracts, property or injuries, as opposed to criminal cases) follow a fairly standard path. Rules differ between state and federal court and from state to state, but the stages are similar.
1. Before filing
Most disputes start with a demand letter. Many contracts require notice, mediation or arbitration before anyone can sue. And every claim has a statute of limitations, a deadline to file.
2. The complaint and service
The plaintiff files a complaint stating the facts, the legal claims and what they want. The defendant must then be formally served with the complaint and a summons.
3. The answer, and early motions
The defendant has a short deadline to respond, often about three to four weeks (in federal court, generally 21 days after service, or 60 days if service is waived). They file an answer admitting or denying each claim, and may add counterclaims. Instead of answering, a defendant can file a motion to dismiss arguing that, even if everything in the complaint is true, there's no valid legal claim. Missing the deadline can lead to a default judgment.
4. Discovery
This is usually the longest and most expensive stage. Each side gathers evidence from the other through:
- Interrogatories: written questions answered under oath.
- Requests for production: documents, emails, records.
- Requests for admission: asking the other side to admit specific facts.
- Depositions: sworn, recorded questioning of parties and witnesses.
- Expert reports, where needed.
Discovery fights over what has to be turned over are common.
5. Settlement and mediation
Most civil cases settle before trial. Many courts require mediation, where a neutral mediator helps the parties negotiate. Settlement can happen at any point, even during trial.
6. Summary judgment
After discovery, either side can ask the judge to decide the case, or part of it, without a trial, arguing there's no genuine dispute about the important facts. This narrows many cases and ends some.
7. Trial
If the case doesn't settle, it goes to a jury or bench (judge-only) trial: jury selection, opening statements, witnesses and evidence, closing arguments, then a verdict.
8. Judgment, collection and appeal
The winning side gets a judgment, but collecting it is a separate step. The losing side may appeal, usually on legal errors rather than to retry the facts, under short deadlines.
How long it takes
Simple cases can resolve in months. Cases that go through full discovery and trial often take one to several years, depending on the court's caseload.
A civil litigation attorney can estimate cost and timeline by stage. For smaller disputes, see small claims court vs. hiring a lawyer.
This guide is general information, not legal advice. Procedures and deadlines vary by court and state.