Article Source: GLG LLP, Toronto
Civil litigation refers to the formal legal proceedings used to settle conflicts between private parties or organizations. Whether involving personal injury claims, contract disputes, or property disputes, the process follows a structured path through the court system. Understanding these steps can help parties navigate their case effectively, ensuring a speedy and inexpensive determination of their claims.
Below are the key steps in the civil litigation process:
1. Pre-Filing Investigation
Before initiating legal action, attorneys conduct thorough investigations to evaluate the merits of a potential case. This process typically involves gathering documentary evidence such as medical records for personal injury claims, contracts for breach of dispute cases, or employment files for workplace discrimination matters. Lawyers may also interview witnesses, consult with expert professionals, and research applicable laws to assess the strength of the claim.
The investigation phase helps determine whether a case meets the necessary legal standards and has sufficient evidence to proceed.
2. Filing the Complaint
The lawsuit officially starts when the plaintiff files a complaint with either state or federal court and pays the necessary filing fee. The Clerk of Court records the case and assigns it to a judge.
If you’re facing a complex civil case, consulting an experienced civil litigation lawyer from GLG LLP can provide valuable guidance. You can benefit from legal expertise in areas like employment law, medical malpractice, and breach of contract and ensure strong representation at every stage.
3. Serving the Defendant
Proper service of process is a critical step that gives the court jurisdiction over the defendant and ensures due process rights are protected. The complaint and summons must be delivered according to strict legal requirements, which vary by jurisdiction but typically mandate personal service by a process server, sheriff, or, in some cases, certified mail. Failure to serve documents correctly can invalidate the entire proceeding or lead to unnecessary delays in the case timeline.
4. Defendant’s Response
Upon being served, the defendant must file a formal response within the court-mandated timeframe, typically 20-30 days, depending on the jurisdiction. The answer may admit or deny the plaintiff’s allegations while asserting affirmative defenses or counterclaims that could shift liability. Alternatively, the defendant may file pre-answer motions such as a motion to dismiss for lack of jurisdiction or failure to state a claim, which, if granted, could terminate the case early.
5. Discovery Phase
The discovery phase represents the fact-finding heart of litigation, where both parties systematically exchange relevant information through tools like interrogatories, document requests, and depositions. Modern discovery often involves complex e-discovery protocols for digital evidence, requiring parties to preserve and produce emails, databases, and even social media content in searchable formats. Courts increasingly enforce strict proportionality rules to prevent discovery abuse, ensuring requests are tailored to the case’s needs and budget constraints.
6. Pretrial Motions & Case Management
The pretrial phase transforms raw discovery into focused legal arguments through motions that can decisively shape the litigation landscape. Judges frequently rule on dispositive motions like summary judgment requests, where parties argue no material facts remain disputed and the case should be decided as a matter of law based on the evidence uncovered during discovery. Simultaneously, courts manage growing dockets through rigorous case management orders that establish firm deadlines for expert disclosures, settlement conferences, and other critical milestones.
7. Settlement Negotiations
Many civil lawsuits settle before trial through strategic negotiating. Mediation or arbitration may resolve disputes such as probate, title, or environmental contamination cases.
8. Trial
If no settlement is reached, the case proceeds to a jury trial or bench trial. United States judges or state court judges oversee the proceedings, applying legal precedent to get a court judgment.
9. Post-Trial Motions & Appeals
After a verdict, parties may file post-trial motions or appeal to a Court of Appeals. In specialized cases, habeas corpus petitions or challenges under the Procurement Code may arise.
10. Enforcement of Judgment
The winning party must enforce the judgment, which may involve collecting damages or resolving workers’ compensation or property policy disputes.
Differences Between State and Federal Court Procedures
State courts handle the majority of civil cases, including personal injury claims, contract disputes, and probate matters. In contrast, federal courts deal with issues involving federal laws, constitutional questions, or disputes between parties from different states. State court procedures vary by jurisdiction but generally allow more flexibility in filing deadlines and evidence rules, whereas federal courts follow strict guidelines like the Federal Rules of Civil Procedure. Additionally, state courts often resolve cases faster due to higher caseloads and less complex litigation compared to federal courts.
Conclusion
Civil litigation can be complex, especially in cases like class action litigation or employment law disputes. Working with a skilled lawyer in civil litigation ensures your legal rights are protected. For expert guidance, consider consulting a law firm that’s well-versed in navigating the federal judicial center and state personnel board procedures.