
What Are the Steps of a Civil Litigation Process?
Civil litigation can be a drawn-out and demanding process, especially for individuals who haven’t been through it before. Whether you’re considering filing a lawsuit or are already facing one, knowing what to expect can help make the situation easier to manage.
From pre-suit procedures to the potential of trial or appeal, civil litigation unfolds in specific stages with important decisions made at each one.
At William Ray Ford Attorney I guide clients through every phase of litigation with a clear strategy.
As a civil litigation attorney in Clinton, Maryland, I work directly with you to explain what’s happening, what your options are, and how best to move forward.
Read on to learn more about the steps involved in a civil lawsuit and how the right legal approach can make all the difference.
Pre-Litigation Evaluation
Before filing a lawsuit, it's important to evaluate whether litigation is truly necessary. This step involves identifying the legal basis of the claim, gathering preliminary facts and documents, and considering any efforts to resolve the matter informally. Many disputes are settled before a complaint is ever filed.
During this period, a civil litigation attorney may send a demand letter to the opposing party to attempt an early resolution. This often lays the groundwork for potential negotiations and signals the seriousness of the claim. If those efforts fail, the next step involves preparing for formal legal action.
The information gathered in this stage helps shape how the case will proceed, especially when moving into the next phase involving the complaint.
Filing the Complaint and Serving the Defendant
The litigation process officially begins with the filing of a complaint. This legal document outlines the plaintiff’s allegations, the legal claims, and the relief being sought. It’s submitted to the appropriate court based on jurisdiction and subject matter.
Once the complaint is filed, the plaintiff must formally serve the defendant with a copy of the complaint and a court summons. Service of process must follow specific rules to be valid. The defendant then has a limited window to respond—typically 20 to 30 days depending on the jurisdiction.
A proper response at this stage is critical, and how the defendant replies will affect the pace and direction of the case. Once a response is filed, the case shifts into the next major step: pretrial procedures.
Pretrial Motions and Pleadings
After the complaint and answer are filed, both parties may file various motions or pleadings. These motions aim to either narrow the issues, dismiss part of the case, or even dispose of the case altogether. Common pretrial motions include motions to dismiss or motions for a more definite statement.
The court uses these motions to determine whether the case should proceed and in what form. If certain claims are legally insufficient, the judge may dismiss them before discovery begins. These early pleadings shape the entire case strategy.
The outcome of these motions often leads to discovery, where much of the case-building takes place.
Discovery Process
Discovery is one of the most detailed and time-consuming steps in civil litigation. Both sides exchange information that’s relevant to the case to help prepare for trial or settlement. This step allows each party to evaluate the strengths and weaknesses of their own position.
Discovery tools include written interrogatories, document requests, requests for admissions, and depositions. These allow each side to request and obtain evidence from the other party and third parties. The process must follow strict timelines and procedural rules.
Accurate and thorough discovery helps your civil litigation attorney build a compelling argument, whether for trial or settlement negotiations. Once discovery wraps up, both parties may seek to resolve the case through motions or settlement talks.
Motions for Summary Judgment
At the conclusion of discovery, either party may file a motion for summary judgment. This motion argues that based on the facts uncovered, there’s no dispute about the key issues and the case should be resolved without a trial.
Some key points that a court evaluates during summary judgment include:
Lack of factual disputes: If there’s agreement on the facts, the court can apply the law and issue a ruling without a jury.
Application of law to facts: The court determines if, even taking facts in the light most favorable to the non-moving party, a legal claim or defense still fails.
Evidence strength: Weak or missing evidence can result in dismissal or partial judgment on certain claims.
A successful motion for summary judgment can bring the case to an early end or significantly narrow the issues to be tried, which impacts the approach in the next phase.
Settlement Negotiations and Mediation
Most civil lawsuits settle before they ever reach a trial. Settlement discussions may occur at any stage, but they typically become more serious after discovery or the filing of dispositive motions. In some cases, courts require parties to attend mediation as part of pretrial proceedings.
Mediation involves a neutral third party who helps both sides find common ground. While not binding, mediation often leads to resolution because it encourages open discussion and compromise.
If a settlement agreement is reached, the case is dismissed, and the terms are usually kept confidential. If not, the parties must prepare for trial as the next step in the process.
Trial Preparation
If the case doesn’t resolve through motions or settlement, the focus shifts to preparing for trial. Trial preparation is both procedural and strategic, involving document organization, witness preparation, and trial exhibit development. Attorneys work to refine their arguments and anticipate what the opposing side may present.
Civil litigation attorneys develop trial themes, draft opening statements, and prepare for cross-examination of witnesses. Pretrial conferences are also held with the court to resolve outstanding issues and finalize the structure of the trial.
Proper trial preparation is vital because once the case enters the courtroom, both sides will need to present their strongest version of the facts. This leads directly into the trial itself.
The Trial Stage
The trial is the formal presentation of the case before a judge or jury. Depending on the jurisdiction and case type, a civil trial can last a few days or several weeks. Each side presents evidence, questions witnesses, and makes legal arguments.
The burden of proof rests on the plaintiff, who must establish the case by a preponderance of the evidence. The defense has the chance to rebut the claims or provide affirmative defenses. After all evidence is presented, both sides give closing arguments.
Once deliberations conclude, the judge or jury issues a verdict. That verdict decides the outcome of the case unless further legal steps are taken.
Post-Trial Motions
Even after a verdict is issued, the case isn’t necessarily over. The losing party may file post-trial motions asking the court to set aside the verdict, order a new trial, or amend the judgment. These motions typically argue that legal errors affected the outcome.
Some key reasons for post-trial motions include:
Procedural mistakes: If the trial court made an error that impacted the fairness of the proceedings.
Newly discovered evidence: If relevant evidence comes to light that couldn’t have been found earlier with reasonable effort.
Excessive or insufficient damages: If the jury's award is clearly out of proportion to the evidence.
Post-trial motions give the court one last opportunity to correct mistakes before an appeal is filed. If these motions are denied, the losing party may pursue an appeal.
The Appeals Process
An appeal isn’t a new trial. Instead, it's a legal review of what happened at the trial level. The party appealing, known as the appellant, argues that errors of law occurred during the case that impacted the final decision. The appellate court reviews the written record and legal arguments but usually doesn’t hear new evidence.
The appeals process can take months or even years. It involves filing written briefs and sometimes participating in oral arguments. The appellate court may affirm the lower court’s decision, reverse it, or send it back for a new trial.
If the appeal is successful, it could change the outcome of the case entirely or lead to further litigation. Regardless of the result, the appeal is often the final stage of the civil litigation process.
Enforcement of Judgment
Once a judgment becomes final—whether through trial or appeal—it must be enforced. Winning a lawsuit doesn’t automatically mean receiving compensation. If the losing party doesn’t comply voluntarily, enforcement measures must be taken.
These measures may include wage garnishments, bank levies, property liens, or other collection actions. Your civil litigation attorney plays a crucial role here in locating assets and applying the correct legal tools to collect on the judgment.
Enforcement actions can be just as important as the lawsuit itself, especially if the goal is financial recovery.
Civil Litigation Isn’t Always Linear
While the civil litigation process is made up of clearly defined steps, the path isn’t always straightforward. Cases may settle early, or they might drag out for years through appeals and enforcement actions. Each case follows its own unique timeline.
The presence of cross-claims, third-party complaints, and counterclaims can further complicate things. In many cases, the skill and focus of your civil litigation attorney determine how efficiently the process moves forward.
With this in mind, it's helpful to understand what factors influence how long litigation lasts and how it develops.
Factors That Affect the Civil Litigation Timeline
Each case moves at its own pace, depending on a variety of legal and practical considerations. Some variables that can impact timing and process include:
Court caseloads: Busy courts may take longer to process filings, schedule hearings, or reach decisions.
Number of parties involved: More parties can mean more coordination and intricacy, especially in discovery or settlement talks.
Nature of the dispute: Some matters—such as breach of contract or property disputes—are more fact-intensive and may take longer to resolve.
Willingness to settle: If both sides are motivated to resolve the case early, litigation may end quickly. If not, the full trial path becomes more likely.
Understanding these influences can help manage expectations and guide case strategy from the outset.
Reach Out to a Civil Litigation Attorney
Litigation can be overwhelming, but you don’t have to work through it on your own. As an experienced civil litigation attorney, I take pride in giving my clients the information, representation, and support they need at every stage.
I serve clients throughout Calvert County, Prince George’s County, Anne Arundel County, Montgomery County, Howard County, Frederick County, and Queen Anne’s County. Reach out to me at William Ray Ford Attorney today to schedule a consultation.