How long does litigation take?
Understanding the Litigation Process
The litigation process can be both perplexing and stressful, particularly when the timeline remains uncertain. While each case is distinct, most civil lawsuits progress through common stages. It's important to remember that these timelines are estimates, and the information provided here should not be considered legal advice but rather a general outline.
1. Pre-Filing Stage (Weeks to Months)
Before a lawsuit officially commences, there is typically a period for investigation and negotiation. This stage aims to determine whether formal legal action is necessary or if the issue can be resolved outside the courtroom.
It often begins with a consultation with an attorney to discuss your case, legal options, and possible outcomes.
If filing a lawsuit seems warranted, your attorney may send a demand letter to the opposing party, outlining your:
grievances,
desired compensation,
and invitation for resolution without involving the court.
Negotiations may follow, sometimes resulting in a swift settlement. If an agreement isn’t reached, the next step is to file a complaint.
2. Filing the Complaint (Weeks)
If informal negotiations don't succeed, your attorney will draft and submit a complaint to the appropriate court. This document outlines the basis of your lawsuit, the relevant facts, and the relief sought.
Once filed, the defendant must be formally notified through a process known as service of process, ensuring they are aware of the legal action and can respond.
The defendant typically has 20 to 30 days, depending on how they are served, to file an answer or a motion to dismiss, which argues that the case should not proceed.
3. Discovery Phase (3 to 9 Months or Longer)
The discovery phase is often the most lengthy part of a lawsuit, as both parties gather evidence to support their claims and defenses. This phase can involve several key steps:
Interrogatories: Written questions answered under oath.
Depositions: In-person interviews where parties and witnesses provide sworn testimony.
Requests for Documents: Both parties exchange relevant records such as emails, contracts, or medical reports.
Delays in this phase can occur due to disputes over evidence, scheduling challenges for depositions, or motions to limit certain information. More complex cases, or those requiring expert testimony, generally have longer discovery timelines.
4. Pre-Trial Motions and Settlement Discussions (Months)
After discovery concludes, both sides may file motions to address specific legal issues prior to trial. For example, a motion to dismiss might argue that certain claims are without merit, while a motion for summary judgment requests that the court decide the case based on the evidence presented without a full trial.
At this stage, settlement discussions often become more focused, with courts frequently encouraging parties to resolve disputes through mediation or settlement conferences to conserve time and resources. Many cases settle during this phase, avoiding the unpredictability and costs associated with a trial.
5. Trial (A Few Days to Several Weeks)
If a settlement is not reached, the case moves to trial. During this phase, each side presents their arguments, examines witnesses, and submits evidence.
The duration of a trial can vary based on the complexity of the case and the amount of evidence presented. A straightforward contract dispute may conclude in a day or two, while personal injury or business litigation cases can extend over several weeks.
6. Post-Trial Motions and Appeals (Weeks to Months, or Longer)
Even after a verdict, the process may continue. Either party can file post-trial motions seeking changes to the judgment or a new trial. If an appeal is initiated, it can significantly prolong the timeline—sometimes adding months or even years. Appeals focus on legal errors that may have occurred during the trial rather than re-evaluating the entire case, but they can still be time-consuming. Our office can effectively address any legal questions. If you have any questions, please fill out the following form below and a Litigation Attorney from our office will get back to you.
