Timeline of a Civil Case The Complaint (1) Pre-litigation Negotiation The easiest way to settle a case is before litigation starts. Usually a lawyer will write to the other side demanding settlement. If they agree, there is no need to go to step 2. This usually takes less than a month. This starts the court case. It sets out the claims and the injuries suffered by the plaintiff. Takes about two week to prepare. (2) PLEADINGS This gets the case going. There are two main documents that must be filed with the court: The Answer This is the Defendant’s chance to respond. It sets out any defenses, factual disputes, and claims the Defendant may have against the Plaintiff. The Answer is due about three weeks after service of the complaint. (3) DISCOVERY At 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 key witnesses 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. (4) Motions “Motion” is a lawyer’s way of saying “request.” When one side wants the court to do something, they file a motion. Then the other side responds. Motions can ask for something as simple as an extension of a deadline to something as severe as asking the judge to dismiss the case entirely. Motions can be filed at any time during the case. The cut-off for most substantive motions is usually 6 weeks before trial. (5) Trial This is what everyone thinks of when they think of a court case. But trials are a very small part of a case. They usually take about a week, during which the lawyers for each side will call witnesses and argue the case to the judge or a jury. At the end of 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 isn’t over. Both sides get to file more motions asking the judge for a new trial, to revisit issues that came up before or during the trial, or to award costs or attorney’s fees. Even so, it’s rare that a judge will throw out a jury verdict completely. Post-trial motions typically must be concluded within 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 court’s decision though. Most lawyers would agree that the best way to win an appeal is to not lose in the trial court. Appeals can take months or even years to complete. SETTLEMENT At any point after the case has started, the parties can agree to end it. Typically settlement happens before the trial, but it’s also fairly common for it to occur during post-trial motions or even during an appeal. Usually settlement will involve the Defendant paying the Plaintiff to dismiss the case. Most cases in the US end in settlement in some form because settlement is usually in everybody’s best interests. If a case doesn’t settle, it’s rare for it to finish less than 18 months from when it was filed and it’s not unusual for it to take more than 2 years. STATISTICS In 2012, 278,442 civil cases were filed in Federal Court.1 About 67% settled2 18% resolved during motions2 References: 1 http://www.uscourts.gov/Statistics/JudicialBusiness/2012/us-district-courts.aspx http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1202&context=facpub 3 Timing and deadlines are based on the Colorado Rules of Civil Procedure. 2 12% ended in various other ways2 Only 3% went to trial2 CANNON | LAW www.cannonlaw.com
