You want to know what happens during a civil lawsuit?
Don’t most people? As soon as you hear “lawsuit” people tend to think dramatic courtroom battles. The truth is completely different from reality TV.
Civil lawsuits are very organised processes with clearly defined stages. Each stage has its own purpose when it comes to trying to resolve a dispute.
But here’s the thing most people don’t know…
Knowing these stages BEFORE you get involved could save you tremendous stress, time and money.
Let’s dive in
- What is a Civil Lawsuit?
- The Stages of a Civil Lawsuit, Explained
- Why Most Civil Cases Never See Trial
What Is a Civil Lawsuit?
To put it simply; a civil lawsuit is a disagreement between two or more parties that ends up in court.
Civil cases involve legal disputes where one party claims another party caused harm or did not uphold an obligation.
Civil cases do not deal with criminal matters. Instead they aim to provide a legal resolution to conflicts regarding…
- Breach of contract
- Property disagreements
- Business conflicts
- Personal injury damages
Here’s the kicker:
Contractual disputes account for a significant percentage of civil lawsuits. When someone doesn’t follow through on their contractual obligations, the wronged party is able to take legal action against them.
Partnering with a skilled team of litigation lawyers who specialise in contractual disputes is crucial. It all comes down to making sure each stage of the lawsuit is handled correctly from day dot. Contractual dispute lawyers specialise in understanding how every stage of the case works.
If you don’t have someone guiding you through the process… 99 times out of 100 things could go wrong.
The Stages of a Civil Lawsuit, Explained
Every civil lawsuit proceeds along the same basic process. Naturally each dispute is different, but the stages outlined below are applicable to nearly all civil litigation. Let’s take a look.
Stage 1 – Initiating the Lawsuit
A lawsuit officially begins when the plaintiff files a complaint with the court.
The complaint outlines the plaintiffs claim, details of the dispute and what remedy they want from the court. The document also names the defendant and explains why the particular court has jurisdiction.
The defendant is then served with the complaint in a process known as ‘service of process’.
This stage is important because:
Everything the plaintiff wants relies on this document. Filing a complaint with inadequate information can jeopardise your entire claim.
Stage 2 – Defendant Responds
Once the defendant is served, they have a limited amount of time to respond to the complaint.
The defendant can file:
- An answer to the complaint
- A counterclaim against the plaintiff
- A motion to dismiss the case
Essentially this stage allows both parties to lay out the issues in dispute. Known as pleadings, these documents inform the court of the main arguments.
Stage 3 – Discovery
Discovery involves both parties exchanging information about the dispute.
They will provide each other with documents, answer written questions and take part in depositions.
A deposition includes witnesses from both sides giving evidence under oath. Essentially they answer questions about what they know regarding the case.
This stage is important because:
Both parties have access to the same facts. Discovery allows both sides to collect the evidence they need to argue their case.
Instead of going to trial based on surprise evidence, both parties know what’s at stake.
Discovery can take some time. Depending on the complexity of the case it could last for months.
Stage 4 – Pre-Trial Motions and Mediation
If mediation isn’t successful, either party can file pre-trial motions.
Pre-trial motions gives the courts an opportunity to rule on specific issues before trial. A motion for summary judgment is a common example.
Essentially it argues that the facts of the case are undisputed and that no trial is necessary.
But there’s one thing most people forget about.
…
Mediation
Even after lawsuits are filed, courts strongly encourage parties to resolve matters before trial. Mediation is the process of bringing both parties together with an impartial mediator to try to negotiate a settlement.
It works. Statistics reveal that settlement rates in Australia exceed two-thirds of all civil cases filed. Higher than most comparable nations.
Simple commercial contract disputes can be wrapped up inside 12 months subject to court resources being available to hear the case.
Stage 5 – Trial
If no settlement is reached, it’s time for trial.
At trial, both parties will call witnesses, provide evidence and make their final arguments before a judge (jury trials are rare).
It’s the most well known stage of the lawsuit. We see it on TV all the time…
But it’s also the least likely to happen.
Here’s why…
The expense, uncertainty and length of trials encourages both parties to settle civil lawsuits. In fact only a small percentage of cases make it to trial.
How long a trial lasts can vary greatly. Some can be settled in a matter of days; others can continue for weeks.
Stage 6 – Judgment and Enforcement
Assuming the case goes to trial and a verdict is reached, the court will issue judgment.
This may involve the losing party paying the winning party damages. Alternatively they might be required to fulfil a specific obligation.
However, receiving judgment doesn’t always mean the case is over.
Should the other party be unwilling to comply with the judgment, enforcing the judgment may be necessary. Enforcements can include…
- Garnishing wages or bank accounts
- Seizing assets
- Registering judgment against real estate
Appeals could also prolong the legal process by years.
Why Most Civil Cases Don’t Go to Trial
Here’s a fact that will surprise many people…
The majority of lawsuits are settled out of court. Studies show that approximately 95% of civil cases settle before trial.
There’s a few reasons for this
- Cost – Trials are costly. Once a case reaches trial, legal fees skyrocket.
- Length – Trials take time. Even straightforward contractual disputes can last years.
- Uncertainty – No matter how sure you are about your case, trials are unpredictable. Settlement gives you a guaranteed outcome.
- Privacy – Settlements can be made confidential. Court cases are publicly accessible.
Many contractual dispute lawyers recommend taking the opportunity to settle if it’s offered. Fighting a lengthy court battle can cost both parties unnecessary time and money.
Final Thoughts
Knowledge is power. Now you know what happens during each stage of a civil lawsuit.
We went over everything from filing the complaint to enforcing the judgment. Each stage serves its own purpose when it comes to resolving legal disputes.
Here’s a quick recap
- Initiating a lawsuit begins with filing a complaint and serving the defendant
- Fact finding occurs during the discovery stage
- Mediation and pre-trial motions give the case every chance to settle early
- Both parties plead their case at trial
- Finally, the court makes a judgment which may need to be enforced
Civil lawsuits rarely make it to trial. Avoid lengthy court battles with the right legal team and strategy.
Hiring a proper legal team at the first sign of a contractual dispute is the best decision you’ll make.
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