Ever wonder what really happens when a lawsuit kicks off? We’ll behind the scenes, Paralegals know exactly what the process entails. Whether you’re facing litigation or just curious about how it all works, this guide through a paralegal’s eyes will walk you through the process step by step—without the legal jargon overload!
Litigation can feel overwhelming, so don’t be surprised if you feel like you are lost and have no idea what is going on with your case. The plus side knowing what to expect makes it much easier to navigate. A major part of paralegal’s role is to break down the process for clients step by step so ensure they have a full comprehensive understanding of what is going on with their case. So, let’s break it down into bite-sized pieces, with a rough timeline to help you understand how long each stage takes.
Side Note: Remember the litigation process follows a structured path designed to ensure fairness and due process for all parties involved. While each case is unique, the overall framework remains consistent, with distinct stages that guide the case from initiation to resolution. The timeline for litigation can vary based on the complexity of the case, court schedules, and legal strategies, but most cases take anywhere from one to three years to conclude.
1. Pre-Litigation (1–6 Months)
Before a lawsuit is filed, parties typically go through a pre-litigation phase that involves evaluating the case, gathering evidence, and exploring resolution options. Attorneys may conduct legal research, review documents, interview witnesses, and assess potential claims or defenses.
During this phase, the plaintiff’s attorney may send a demand letter outlining the legal basis for the claim and requesting a resolution, often in the form of monetary compensation or specific actions. Many disputes are resolved at this stage through settlement negotiations, avoiding the need for formal litigation. If a resolution cannot be reached, the case proceeds to the court system.
2. Filing the Lawsuit (0–2 Months)
The litigation process officially begins when the plaintiff files a Complaint with the appropriate court. The Complaint outlines the legal claims, factual background, and requested relief. The defendant must be notified of the lawsuit through service of process.
Once served, the defendant for most matters has 30 days to respond by filing an Answer that admits or denies the allegations. The defendant may also file Counterclaims against the plaintiff. If the defendant fails to respond within the deadline, the plaintiff may request a default judgment, granting them victory by default.
3. Discovery Phase (6–12 Months)
The discovery phase is often the longest part of litigation, as both sides gather evidence to build their case. This stage involves the exchange of documents, depositions, and formal requests for information, including:
- Interrogatories: Written questions that must be answered under oath.
- Requests for Production: Demands for relevant documents, such as contracts, emails, or medical records.
- Depositions: Sworn testimony taken outside of court, where attorneys question witnesses or parties.
- Requests for Admissions: Statements that the opposing party must confirm or deny under oath.
Discovery disputes may arise if one party refuses to provide requested information. In such cases, the other party may file a motion to compel, asking the court to enforce compliance.
4. Pre-Trial Motions & Settlement Negotiations (3–6 Months)
As discovery concludes, attorneys may file pre-trial motions that can significantly impact the case. A common motion is a Motion for Summary Judgment, which argues that the case should be decided without a trial because there are no material facts in dispute. If granted, this motion can end the case in favor of one party.
During this phase, courts often encourage or require mediation or settlement conferences to resolve the dispute without a trial. Many cases settle at this stage, as both sides assess the risks and costs of proceeding to court.
5. Trial (1–3 Weeks, Usually Scheduled 12–24 Months After Filing)
If the case is not dismissed or settled, it proceeds to trial. In most states, civil trials can be decided by a judge (bench trial) or a jury (jury trial). The trial process includes:
- Jury Selection (if applicable): Attorneys question potential jurors to ensure impartiality.
- Opening Statements: Each side presents an overview of their case.
- Presentation of Evidence: Witnesses testify, and documents or exhibits are introduced.
- Closing Arguments: Attorneys summarize their positions and urge the jury (or judge) to rule in their favor.
- Jury Deliberation & Verdict: The jury deliberates and reaches a decision, or the judge issues a ruling in a bench trial.
If the plaintiff wins, the court issues a judgment outlining the awarded damages or relief.
6. Post-Trial Motions & Appeals (3 Months–Years)
After the trial, the losing party may file post-trial motions, such as a Motion for a New Trial or a Motion for Judgment Notwithstanding the Verdict (JNOV), requesting that the court overturn or modify the ruling.
If unsuccessful, the losing party may file an appeal with the Court of Appeals or the Supreme Court . Appeals focus on legal errors rather than factual disputes, and the process can take anywhere from six months to two years or more.
Estimated Litigation Timeline
- Fastest cases (settled early): 6–12 months
- Moderate cases (full litigation, no appeal): 1.5–2 years
- Complex cases (trial + appeal): 3+ years
Conclusion
Litigation is a structured but often lengthy process, requiring careful preparation at every stage. While some cases resolve quickly through settlements, others may take years to navigate through discovery, trial, and potential appeals. Understanding this process helps litigants make informed decisions about their legal strategies and expectations.