Title: How Does a Civil Lawsuit Work?

Social media caption: The legal process can be frightening, but understanding the steps in a lawsuit will help.

Meta description: FindLaw explains the civil lawsuit process, from cease-and-desist letters to trials and appeals. Wondering what to expect? Discover how lawsuits work today.

A lawsuit can be intimidating, even to lawyers. Understanding what happens in a typical legal action can help you consider what to do in your own situation. Although every state and federal court has its own laws and procedures, a civil lawsuit has the same general process throughout the country. Let’s take a quick overview of the litigation process.

Before Starting a Lawsuit

People often think that lawyers are “sue-happy,” but no one will try harder to avoid a lawsuit than a good attorney. To avoid getting caught in months’ worth of fees, delays, filings, and counter-filings, attorneys typically start with formal requests.

To demand that someone stop an illegal activity, such as defaming a person or infringing a copyright, an attorney will write a cease-and-desist letter. For a personal injury claim, an attorney will send a demand letter to the party they allege is at fault. The letter sets out a specific claim for the injured client’s damages: their medical expenses, lost income, destroyed property, and related losses.

When a responsible party has insurance coverage, an attorney seeking damages may make their claim directly to their insurer in hopes of negotiating a settlement for their client. Some contracts or court regulations require parties to try alternative dispute resolution (ADR), such as mediation or arbitration, before filing any lawsuit. If the parties cannot reach a settlement—or if defense lawyers deny the claim entirely—the injured person may decide to sue.

The Lawsuit Process

There are many steps in a lawsuit from the initial filing of a complaint to a resolution of either a settlement or a trial.

Plaintiff Files a Complaint

A civil lawsuit begins when a plaintiff files a complaint against one or more defendants. An attorney typically drafts and files the complaint, but more plaintiffs are choosing to work pro se (meaning ‘for themselves’). The plaintiff also has to serve the defendants with the complaint and relevant documents within a short time.

The complaint sets out specific facts supporting each element of each claim along with a request for relief (what the plaintiff wants). A complaint often has several counts: that is, claims for relief on separate grounds. It may also include exhibits, such as a contract or communications that support the allegations.

The Defendant Answers

A defendant has a set period of time (e.g., 30 days) to file an appearance and an answer to the complaint. The defendant can ask the court to dismiss the case or they can deny the facts of the claim, refute the plaintiff’s arguments, and raise affirmative defenses. When the parties have an ongoing dispute, as business litigants often do, the defendant can also make counterclaims and sue the plaintiff. But when a defendant fails to file any answer, the plaintiff can seek a default judgment, asking the court to take their complaint as admitted and enter a judgment in their favor.

Once a plaintiff files a complaint, they raise the stakes, and the defendant may be open to settlement negotiations again. A lawsuit can settle at any time before a trial, or even during it. If there is no immediate settlement, the parties schedule an initial case management trial where both parties’ attorneys meet to manage scheduling and address other issues in the lawsuit process.

Discovery

The discovery phase comes next, a period of intensive fact-finding and document production. Each party’s attorney poses questions for the other party to answer in writing, called interrogatories. They send requests for production (RFPs) of relevant documents or items, such as surveillance footage, business emails, or medical records. RFPs are as broad as the laws and rules of evidence permit, and sometimes broader, requiring the responding attorney to object and challenge them. In the meantime, the attorneys get depositions from witnesses and parties to the lawsuit, questioning them under oath before a court reporter.

Some parties drop or settle suits entirely to avoid discovery because it requires so much exposure—expensive and potentially embarrassing, or worse. But when one party claims that there is no question about the facts, they may file a motion for summary judgment first, asking the court to make their decision on the questions of law alone.

Pre-trial Conference

At a pre-trial conference before the court, the judge may order a separate trial for a defendant’s counterclaim, order an early review of certain evidence, or rule on any motions that the attorneys have already made. The attorneys also prepare to stipulate to or admit any facts that they do not dispute, such as key dates or whether an item in evidence is genuine.

Jury Selection

Each trial must have a finder of fact. Traditionally, that is the job of a jury; the judge simply rules on matters of law. Jurors are qualified through the voir dire process, selected after questioning from the judge and attorneys. During a jury trial, a party may ask the judge to issue a directed verdict, claiming there are no facts for the jury to decide on; however, this does not often work.

In some cases, both plaintiff and defendant may request a bench trial, where the judge serves as the sole finder of fact.

At Trial

The trial begins with opening statements of the plaintiff and defendant, each making their case. At the trial, the plaintiff and defendant may introduce evidence and witness testimony. The party introducing the witness conducts a direct examination and the other party has an opportunity to cross-examine the witness. The party introducing the witness now can ask follow-up questions on redirect. The trial ends with closing statements of both parties.

The Verdict

A jury may find in favor of one party entirely, or they may side with the plaintiff on some counts of the lawsuit and the defendant on others. Once a party loses their claim, they may ask the court for a Judgment Notwithstanding the Verdict (JNOV), arguing that there were no legal grounds for the jury’s decision.

The Appeal

Failing this, the party may appeal to the state’s higher court, or to the federal Court of Appeals for their “circuit” (region of the country). Appellate law is a different specialty, so the appeal may mean hiring an additional attorney, with all the expenses that entails.

Getting Legal Help with Lawsuits

While you can file a complaint pro se, navigating deadlines and statutes of limitations can be complex. Additionally, if your case involves high stakes such as personal injury or business litigation, it is best not to go it alone.

If you believe you have a claim or have been served in a lawsuit, consult an attorney —preferably one with experience in the type of claim and the court where the lawsuit has been filed. A lawyer with the right expertise can offer you the best guidance and help you learn about your options and protect your interests.