How a civil lawsuit works: from complaint to trial

A civil lawsuit usually moves through the same stages: the pleadings, early motions, discovery, motions for summary judgment, pretrial preparation, trial, judgment and, sometimes, an appeal. The parties can settle at points along the way. This guide uses federal court as the worked example. State courts follow their own rules, and deadlines differ by court and by state, so check the rules of the court where your case is filed.

The basic idea is set out by the federal judiciary: to start a civil lawsuit in federal court, the plaintiff files a complaint with the court and “serves” a copy on the defendant, and in a civil case the plaintiff must prove the claim by a “preponderance of the evidence,” meaning more likely than not (U.S. Courts: civil cases).

Pleadings: the complaint, service and the answer

The complaint. Under federal Rule 8, a complaint must contain a short and plain statement of the grounds for the court’s jurisdiction, a short and plain statement of the claim showing the plaintiff is entitled to relief, and a demand for the relief sought (FRCP 8).

Service of process. Federal Rule 4 requires that a summons be served with a copy of the complaint, and the plaintiff is responsible for getting that done on time. If a defendant is not served within 90 days after the complaint is filed, the court must dismiss the action without prejudice or order service within a set time, unless the plaintiff shows good cause. Rule 4 also lets a plaintiff ask a defendant to waive formal service (FRCP 4).

The answer and the deadline to respond. In federal court, a defendant generally must serve an answer within 21 days after being served with the summons and complaint, or within 60 days after a waiver request was sent if service was timely waived (FRCP 12). Under Rule 8, the answer states defenses and admits or denies the allegations.

State deadlines are different. California’s court self-help guide says a defendant typically has only 30 days from receiving the summons and complaint to respond, and that if the defendant misses the deadline the plaintiff can ask the judge to decide without them, which is called a default or default judgment (California Courts: your options if sued).

Motions to dismiss

Instead of answering right away, a federal defendant can raise certain defenses by motion. Rule 12(b) lists seven: lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, insufficient service of process, failure to state a claim upon which relief can be granted, and failure to join a required party. A motion raising these defenses must be made before the answer. If the court denies it, the answer is generally due 14 days after notice of that ruling (FRCP 12).

Discovery: how each side gets information

Discovery is where the parties exchange information. The federal judiciary describes it as the stage where litigants provide information to each other, such as the identity of witnesses and copies of documents related to the case (U.S. Courts). Under federal Rule 26, parties make initial disclosures without waiting to be asked, and the scope of discovery is any nonprivileged matter relevant to a claim or defense and proportional to the needs of the case (FRCP 26).

The main federal tools are:

• Interrogatories. Written questions answered in writing under oath. A party may serve no more than 25, including discrete subparts, and answers are due within 30 days (FRCP 33).
• Requests for production. Requests to produce documents, electronically stored information or tangible things, or to allow entry onto land for inspection. A written response is generally due within 30 days (FRCP 34).
• Depositions. Oral questioning of any person under oath, with the testimony recorded. Court permission is needed for more than 10 depositions, and each is limited to one day of seven hours unless the parties agree or the court orders otherwise (FRCP 30).
• Requests for admission. Requests to admit facts or the genuineness of documents. A matter is admitted unless a written answer or objection is served within 30 days, and an admitted matter is conclusively established unless the court allows it to be withdrawn (FRCP 36).

California’s self-help guide lists similar tools for California cases: requests for admission, form interrogatories, demands for production, and depositions and subpoenas for third parties. It warns that missing a discovery deadline could cost you the case (California Courts: prepare your case). Discovery also raises the question of what evidence you must keep. Our guide to spoliation of evidence covers preservation duties and what can happen when evidence is lost.

Summary judgment and pretrial

Summary judgment ends a case, or part of it, without trial. Under federal Rule 56, the court grants it if the moving party shows there is no genuine dispute as to any material fact and that it is entitled to judgment as a matter of law. Unless a local rule or court order sets a different time, the motion may be filed until 30 days after the close of all discovery (FRCP 56).

Federal judges also manage the case before trial. Under Rule 16, the judge issues a scheduling order, and pretrial conferences can be used to move the case along and to facilitate settlement. A final pretrial conference, held as close to trial as is reasonable, sets the plan for trial (FRCP 16).

Trial, judgment and appeal

Jury or bench trial. The federal judiciary explains that in a wide variety of civil cases either side may request a jury, and that if the parties waive a jury, a judge hears the case alone (U.S. Courts). Under federal Rule 38, a party must serve a written jury demand no later than 14 days after the last pleading on the issue is served, and a party that does not properly serve and file a demand waives a jury (FRCP 38).

Judgment. A federal jury generally decides whether the defendant is responsible and, if so, the amount of damages. In California, the judge decides at the end of trial or mails the decision, or the jury decides (California Courts: trial), and the person owed money must collect the judgment themselves (California Courts: judgment).

Appeal. The losing party in a federal trial court normally is entitled to appeal. Appeals are decided by panels of three judges, and the appellant argues in a written brief that the trial court made an error (U.S. Courts: appeals). In federal civil cases, the notice of appeal generally must be filed within 30 days after entry of the judgment, or 60 days when the United States or a federal agency or officer is a party (FRAP 4).

Settlement can happen along the way

Wex describes a settlement as an agreement that ends a dispute and results in the voluntary dismissal of related litigation (Wex: settlement; secondary, educational). Federal judges encourage the parties to reach an agreement to avoid the expense and delay of trial, and under federal Rule 41 the parties can end a case with a stipulation of dismissal signed by everyone who has appeared (FRCP 41). Our guide to settlement agreements and releases explains what you give up when you settle.

Small claims as a simpler path

For smaller disputes, small claims court can be a faster route. In California, the court self-help guide says individuals can bring small claims cases for $12,500 or less and businesses for $6,250 or less. Small claims rules are informal and simpler, you cannot have a lawyer represent you, cases are generally decided within about three months, and a plaintiff cannot appeal (California Courts: small claims or limited civil). Other states set their own limits.

• Identify the court. Note whether the case is in federal or state court, and which state.
• Calendar the response deadline. Count from the date of service using that court’s rules.
• Preserve evidence. Keep documents, messages and files that relate to the dispute.
• Track discovery deadlines. Answer interrogatories, document requests and requests for admission on time.
• Check jury and appeal deadlines. Both can be lost by waiting too long.

The deadline for filing a lawsuit in the first place is a separate rule, covered in statutes of limitations for civil claims.

This guide is general legal information, not legal advice. Court rules and deadlines differ by court and by state and depend on the facts of the case; consult a lawyer licensed in the relevant jurisdiction about a specific lawsuit.