8/12/2019 Timeline of a Civil Case

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(1) Pre-litigationNegotiationThe easiest way to settle a case isbefore litigation starts. Usually alawyer will write to the other sidedemanding settlement. If they agree,there is no need to go to step 2. Thisusually takes less than a month.

The ComplaintThis starts the court case. It sets out theclaims and the injuries suffered by the

plaintiff. Takes about two week toprepare.

(3) DISCOVERYAt this stage, the two sides give each other all the information they have about the incident that led to the case. Some information has to

be disclosed without being asked for, other information must be specifically requested. During this time, the parties and some keywitnesses will be interviewed on the record in a deposition. These interviews can last a full day. The discovery process can take several

months to complete.

The AnswerThis is the Defendants chance to respond.

It sets out any defenses, factual disputes,and claims the Defendant may have

against the Plaintiff. The Answer is dueabout three weeks after service of the

complaint.

Timeline of a Civil Case

(4) MotionsMotion is a lawyers way of saying

request. When one side wants thecourt to do something, they file amotion. Then the other side responds.Motions can ask for something assimple as an extension of a deadline tosomething as severe as asking the judgeto dismiss the case entirely. Motionscan be filed at any time during the case.The cut-off for most substantivemotions is usually 6 weeks before trial.

(5) TrialThis is what everyone thinks of when theythink of a court case. But trials are a very

small part of a case. They usually takeabout a week, during which the lawyers

for each side will call witnesses and arguethe case to the judge or a jury. At the endof the trial, the jury or judge will return a

verdict for one side or the other.

(6) Motions (again)Yep, even after trial, the case isnt over.

Both sides get to file more motionsasking the judge for a new trial, to revisitissues that came up before or during the

trial, or to award costs or attorneys fees.Even so, its rare that a judge will throwout a jury verdict completely. Post-trial

motions typically must be concludedwithin 9 weeks of the end of trial.

Often, the side that loses at trial will appeal legal issues that came up during the case. Usually appeals courts respect the trial courtsdecision though. Most lawyers would agree that the best way to win an appeal is to not lose in the trial court. Appeals can take monthsor even years to complete.

(2) PLEADINGSThis gets the case going. There are twomain documents that must be filed withthe court:

References:1 http://www.uscourts.gov/Statistics/JudicialBusiness/2012/us-district-courts.aspx2http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1202&context=facpub3 Timing and deadlines are based on the Colorado Rules of Civil Procedure.

About 67%

settled2

STATISTICSIn 2012, 278,442 civil cases were filed in Federal Court.1

18% resolved during

motions2Only 3% went

to trial2

12% ended in various

other ways2

SETTLEMENTAt any point after the case has started, the parties can agree to end it. Typically settlement happens before the trial, but its also fairly

common for it to occur during post-trial motions or even during an appeal. Usually settlement will involve the Defendant paying thePlaintiff to dismiss the case. Most cases in the US end in settlement in some form because settlement is usually in everybodys best

interests. If a case doesnt settle, its rare for it to finish less than 18 months from when it was filed and its not unusual for it to take morethan 2 years.

http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1202&context=facpubhttp://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1202&context=facpubhttp://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1202&context=facpubhttp://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1202&context=facpubhttp://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1202&context=facpubhttp://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1202&context=facpubhttp://www.uscourts.gov/Statistics/JudicialBusiness/2012/us-district-courts.aspx