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Civil Litigation Fact Sheet

The civil litigation process typically involves the following steps: 1. A plaintiff files a complaint stating the facts of the case and the laws violated. The defendant then files an answer or a motion to dismiss. 2. Discovery follows, where each side can request documents, answers to written questions, admissions of fact, and depositions from the other side. 3. After discovery, either side can file for summary judgment or the case will proceed to trial. Settlement negotiations can also occur at any point in the process. Very few cases make it all the way to trial.

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66 views2 pages

Civil Litigation Fact Sheet

The civil litigation process typically involves the following steps: 1. A plaintiff files a complaint stating the facts of the case and the laws violated. The defendant then files an answer or a motion to dismiss. 2. Discovery follows, where each side can request documents, answers to written questions, admissions of fact, and depositions from the other side. 3. After discovery, either side can file for summary judgment or the case will proceed to trial. Settlement negotiations can also occur at any point in the process. Very few cases make it all the way to trial.

Uploaded by

yonas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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FEBRUARY 2021 | FA Q S

Civil Litigation Process: The Basics


This is not legal advice. It gives you general information only. Individuals considering legal action should consult
with their own legal counsel.

This describes the typical steps in litigation in federal court. State and local courts may have different processes
and names for documents. The litigation process can take a long time, sometimes as long as years.

Before the case starts and anytime during the case, the parties may try to come to an agreement through
settlement. Very few cases go all the way to trial.

Step 1: Pleadings
» A lawsuit starts when a plaintiff files a complaint. The complaint states the facts of the case, the laws that
were violated, the harm done, and the outcome or relief that sought. Filing a complaint requires the payment
of a fee. Sometimes that fee can be waived.

» After the defendant receives the complaint, the defendant has two choices. The defendant can file an
answer which responds to the statements in the complaint. Or the defendant can file a motion to dismiss
which argues that even if the facts in the complaint are true, the law was not violated or there are other
problems with the complaint. For example, a motion to dismiss can argue that the complaint was filed too
late or in the wrong court. If the court grants the motion to dismiss, the case is over. Sometimes the court
lets the plaintiff file an amended complaint to fix problems with the original one.

» If the case continues, the court usually has a conference with the parties to set up deadlines.

Step 2: Discovery
» Discovery is the process each side uses to get information from the other side. It is often a long process.

» During the discovery period, each side can ask the other side to:

• Answer written questions under oath (called Interrogatories)

• Provide documents, emails, texts, social media posts (called a Request for Production)

• To admit or deny statements of fact (called Request for Admissions)

• In certain cases, submit to a mental or physical exam

• Submit to live questioning under oath (called a Deposition)

» Witnesses can also be required to produce documents or answer questions under oath.

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Step 3: Summary Judgement or Trial
» After discovery is over, either side can file a motion for
summary judgment. This asks the court to look at the
evidence that is not in dispute and decide in favor of the
party asking for summary judgment. If one side wins
summary judgment, the case is over. If neither side wins at
summary judgment, the case is scheduled for trial.

Things that Can Happen During the Litigation:


» Motions: During discovery, if the parties cannot agree about
something, either side can file a motion with the court.
For example, one side may want a document or a more
complete answer to a question.

» Settlement: A case can settle at any time. Sometimes the


parties negotiate directly with each other. Other times they
involve a mediator or some outside, neutral person. There
are many reasons cases settle. Settlements are usually
faster, save time, save money, and let the parties be in
control of the outcome of the case.

» Most cases either settle or get decided at the motion to


dismiss or summary judgment phase. Very few cases go to
trial.

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