The Litigation Process

Steps of Litigation

Filing a lawsuit doesn’t mean you’re headed straight to trial. In fact, trial is usually the last step in a long process. Along the way are several checkpoints — and some potential traps — that can make or break a case.

Step 1: Filing the Complaint — and Beating the Deadline

A lawsuit begins when the plaintiff’s lawyer drafts a complaint, laying out the claim and the damages sought. But timing matters: every claim is subject to a statute of limitations, a legal deadline for filing. If you miss it, your case is lost forever, no matter how strong. Filing before that deadline is non-negotiable.

Step 2: Service of Process — Putting the Defendant on Notice

Filing isn’t enough. The defendant must be formally served with the complaint and summons — usually by a sheriff or process server. This step, called service of process, is what actually gives the court power over the defendant. If service is botched or unreasonably delayed, the case can be dismissed. Defense lawyers sometimes seize on technicalities about service to try to end a case early. Knowing the rules — and handling service correctly — keeps the courthouse doors open.

Step 3: The Defendant’s Answer

Once properly served, the defendant files an answer, usually denying everything. The answer may also raise technical defenses (such as arguments about service or jurisdiction) that can shape the early course of the case.

Step 4: Discovery

Both sides exchange information through depositions, interrogatories, and document requests. Discovery can last months or years. It’s the stage where facts are uncovered and the strength of each side’s case becomes clearer.

Step 5: Motions

Defendants often file motions to dismiss or for summary judgment, arguing the case should end without a jury. These are critical battles, often fought on the written briefs. A case can rise or fall here.

Step 6: Settlement Talks

Most cases settle at some point, often after discovery shows the strength of the plaintiff’s claim. Insurers weigh the risk of trial against the cost of paying now.

Step 7: Trial

If no settlement, the case goes to trial before a judge or jury. This is the public moment of decision, but only after a long path of preparation.

Step 8: Post-Trial & Appeal

Even after a verdict, the losing side may file motions or appeal. Litigation rarely ends with a single courtroom victory.

Why It Takes So Long

Defendants — especially insurers — often use delay as a weapon, hoping to wear plaintiffs down. They raise technical defenses, challenge service, and drag out discovery. A good lawyer anticipates these tactics, stays on top of deadlines, and keeps pushing the case forward.