What are the steps in a Civil Litigation Case?

A civil lawsuit goes through 4 distinct steps: pleadings, discovery, trial, and possibly an appeal. Either party can halt the procedure by voluntarily settling at any time. The majority of civil litigation cases will settle before even reaching trial. Also, sometimes, both parties agree to arbitration in lieu of a trial.

Pleadings

The Plaintiff’s Complaint: A litigation case begins when the plaintiff files a complaint with the court and formally delivers a copy to the defendant. The complaint will describe what the defendant did (or failed to do) that caused harm to the plaintiff and the legal basis for holding the defendant responsible for that harm.

The Defendant’s Answer: A defendant is given a specified time period in which they can file an answer to the complaint. This answer will provide the defendant’s side of the story. A defendant may also file a counter-claim against the plaintiff, saying that the plaintiff has been the one who harmed the defendant and should be held liable for that harm.

Discovery

Discovery: Discovery is usually the longest part of the case. It begins soon after a lawsuit is filed and often does not stop until shortly before trial. During discovery, the parties ask each other and third parties for information about the facts and issues of the case. Information is gathered formally through written questions (known as “interrogatories”), requests for copies of documents, and requests for admission (which ask a party to admit or deny statements of fact). Another key method of obtaining information is to conduct depositions, in which witnesses are questioned under oath by the parties’ attorneys and the witnesses’ answers are recorded by a court reporter. Depositions are used to learn more about the facts of a case and about what the different witnesses contend happened. Depositions also may be used at trial to show inconsistencies in a witness’s story or to question the witness’s credibility. The recorded testimony from a deposition sometimes may also be used at trial in place of a witness who is not able to attend the trial in person.

Motions: Before the trial begins, both parties involved may use motions to ask the court to rule or act. A motion usually pertains to law or facts in the case, but sometimes they can be for clarification or resolution of procedural disputes between parties involved. A motion for summary judgment can ask the court to dismiss part or all of a plaintiff’s case, a defendant’s defense or dispose of issues without going to trial. Other motions might ask the court to order a party to produce documents or to exclude evidence from trial.