If you find yourself the defendant in a lawsuit, whether in a personal or business context, the situation may seem daunting at first. However, civil litigation follows a predictable series of procedures, and understanding them can help you prepare and pursue an effective defense.

Here are the main stages of a civil case, how long each stage can last and how a skilled attorney can help you achieve the best possible outcome:

1. Service of process — The case begins when you receive legal papers (a summons and complaint). These papers identify the person or entity suing you, state the basis for the lawsuit and specify your deadline to respond, which is typically 30 days. It’s essential to respond within this window, as failing to do so can allow the plaintiff to win by default.

2. Answering the complaint — Your response is known as an answer. It may be a general denial or, for each allegation in the complaint, you may admit, deny or claim insufficient knowledge. The answer might also include counterclaims (your own legal claims against the plaintiff) or affirmative defenses (legal reasons you shouldn’t be held liable). 

3. Discovery — This is the evidence-gathering phase of the case. Both sides exchange information, including documents and written questions (interrogatories). There are also depositions, which are out-of-court interviews under oath. Discovery is often the longest phase, sometimes lasting six months to a year or more, depending on the complexity of the case and court scheduling. During discovery, both sides build their arguments and clarify the issues in dispute.

4. Motions and pretrial proceedings — Attorneys on each side can file motions seeking early resolution of issues or of the entire case. Common examples are motions to dismiss (arguing the lawsuit lacks legal basis) or motions for summary judgment (arguing the facts aren’t in dispute and the law is on your side). These motions can resolve the case or narrow the issues for trial. They usually take a few months as the court considers briefs and sometimes holds hearings.

5. Settlement discussions — Most civil lawsuits are resolved without going to trial, often during the discovery phase or through court-mandated mediation. Settlement can occur at any stage. Negotiations may be quick or drawn out, depending on the willingness of both parties.

6. Trial — If the case doesn’t settle, it moves to trial, where each side presents evidence and arguments. Trials may last a day, a week or longer, based on case complexity, with a judge or jury rendering a verdict. The losing party can sometimes appeal the decision.

At each of these stages, an experienced civil litigation attorney is invaluable, ensuring you meet deadlines and avoid procedural mistakes. They may find weaknesses in the plaintiff’s case or grounds for early dismissal. In discovery, they know what evidence to demand and how to challenge improper requests. A skilled attorney negotiates effectively, often achieving a favorable settlement, and if a trial becomes necessary, they’ll advocate persuasively on your behalf. Ultimately, a competent legal representative maximizes your chances for a positive outcome and minimizes risk, stress, and costs.

At Favaro, Lavezzo, Gill, Caretti & Heppell, PC in Vallejo, our litigators handle any type of civil trial matter and pursue all methods of dispute resolution. We serve Solano, Contra Costa and Napa counties. If you have been sued or need to discuss the possibility of litigation, call us at 707-674-6057 or contact us online.