Civil Litigation: What to Expect When You Sue or Are Sued

Civil litigation is the process of resolving legal disputes between private parties through the court system. Whether you are considering filing a lawsuit or have been served with one, understanding the process is essential.

The Decision to Litigate

Before filing a lawsuit, consider:

• Do you have a valid legal claim?
• What damages are you seeking?
• Is the defendant able to pay a judgment?
• What are the costs of litigation vs. potential recovery?
• Are there alternative dispute resolution options (mediation, arbitration)?

Pre-Litigation Steps

Demand letter — Before filing suit, attorneys often send a formal demand letter outlining the claim and demanding resolution. This may resolve the dispute without litigation.

Statute of limitations — Every claim has a deadline. Missing it means losing your right to sue.

Filing the Complaint

The plaintiff initiates a lawsuit by filing a complaint — a document that identifies the parties, states the facts, identifies the legal claims, and requests relief. The defendant is then served with the complaint and summons.

The Defendant's Response

The defendant typically has 20-30 days to respond by filing an answer (admitting or denying allegations) or a motion to dismiss.

Discovery

Discovery is the pre-trial phase where both sides gather evidence. Tools include:

• Interrogatories — Written questions requiring written answers
• Depositions — Oral questioning under oath
• Requests for production — Demanding documents and records
• Requests for admission — Asking the other party to admit or deny specific facts
• Subpoenas — Compelling non-parties to provide documents or testimony

Discovery is often the longest and most expensive phase of litigation.

Pre-Trial Motions

Before trial, parties may file motions to:

• Dismiss the case
• Exclude certain evidence
• Obtain summary judgment (ruling without trial when facts are undisputed)

Settlement

Approximately 95% of civil cases settle before trial. Settlement can occur at any stage of litigation. Mediation — a process where a neutral mediator helps parties reach agreement — is often used to facilitate settlement.

Trial

If the case does not settle, it proceeds to trial. In civil cases, the plaintiff must prove their case by a preponderance of the evidence (more likely than not). Trials can be decided by a judge (bench trial) or jury.

Appeals

The losing party may appeal the verdict to a higher court, arguing that legal errors affected the outcome.

Working with a Civil Litigation Attorney

Civil litigation is complex and expensive. An experienced litigator can evaluate your case, advise on strategy, handle procedural requirements, and represent you effectively in court. Find a civil litigation attorney near you on NinjaLawyers.