T H E L I T I G AT I O N P R O C E S S
Civil lawsuits arise out of disputes between people, businesses, or other entities, including government entities. Civil lawsuits
generally proceed through distinct steps: pleadings, discovery, trial, and possibly an appeal. However, parties can halt this
process by voluntarily settling at any time. Most cases settle before reaching trial. Arbitration is sometimes another alternative
to a trial.
PLEADINGS
Each party in a lawsuit files initial papers, known as “pleadings.” The pleadings explain each party’s side of the dispute.
T H E C O M P L A I N T: Litigation begins when the plaintiff files a complaint with the court and formally delivers a copy to the
defendant. The complaint describes 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.
T H E A N S W E R : The defendant is given a specific amount of time to file an answer to the complaint. The answer provides the
defendant’s side of the dispute. In some instances, in lieu of an answer or reply, a party may request that the other party clarify
or correct deficiencies in its factual allegations or legal theories, or may ask the court to dismiss part or the entire suit. This may
lead to amended complaints or amended answers. Once the parties have completed the complaint, answer, and any reply, the
issues for resolution by the court have been defined.
D I S C OV E RY
Thorough case preparation is critical to any successful litigation. Discovery is the method by which parties gather relevant information from each other or from third parties. Research of the law, document review and organization, and witness interviews
help clients and their lawyers assess the merits of claims and defenses. The extent to which these and other steps are needed is
determined by the issues of the case.
D I S C OV E RY: 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.
E X P E R T W I T N E S S E S : Often a claim or defense requires support from expert witnesses to explain technical information or
validate an argument. One or more experts might be needed to testify about the connection between the defendant’s conduct
and the loss suffered by the plaintiff, or the existence and amount of the plaintiff’s damages. Expert witnesses work closely with
a party’s representatives and attorneys to prepare the party’s case.
M OT I O N S : Before trial, the parties may use motions to ask the court to rule or act. Motions usually pertain to law or facts in
the case, but sometimes they seek clarification or resolution of procedural disputes between the parties. Some motions, such as
a motion for summary judgment, which asks the court to dismiss part or all of a plaintiff’s case or a defendant’s defense, dispose
of issues without trial. Other motions might ask the court to order a party to produce documents or to exclude evidence from
trial.
T I M I N G : The duration of a lawsuit depends on the issues of the case, the amount of discovery to be conducted, and court
scheduling and availability. The parties, guided by the rules of court, usually decide the timing of discovery. Trial dates are set
by the court.