The Phases of Civil Litigation: A Simple Guide to How Lawsuits Work

We’ve all seen dramatic courtroom battles on TV—lawyers pacing the room, delivering fiery speeches, and judges slamming their gavels. But in reality, civil litigation is a long and structured process that happens in phases, not in one big showdown.

If you’re involved in a lawsuit—or just curious about how the legal system works—understanding these phases can help you navigate the process with confidence.

Let’s break it down step by step.

Phase 1: Starting a Civil Lawsuit

A civil lawsuit begins when the plaintiff (the person suing) files two key documents:

📌 The Complaint – Lists the claims against the defendant and what the plaintiff wants.

📌 The Summons – Officially notifies the defendant and orders them to appear in court.

Sometimes, lawsuits aren’t a surprise—many parties discuss settlements before filing. But once a complaint is filed, the legal process is officially underway.

Phase 2: Responding to the Complaint

The defendant (the person being sued) has a deadline to respond. They can:

✅ File an Answer – Admitting or denying the allegations, and possibly filing counterclaims.

✅ File a Motion to Dismiss – Arguing the lawsuit should be thrown out due to legal or procedural issues.

If the judge denies the motion to dismiss, the case moves forward. If the motion succeeds, the plaintiff may appeal or revise the complaint and refile.

Phase 3: Fact and Expert Discovery (Gathering Evidence)

This is where both sides dig for evidence to build their cases. Discovery is the longest and most expensive phase of litigation, often lasting months or even years.

🔎 Three Types of Discovery:

Written Discovery – Asking for relevant information and documents.

Depositions – In-person questioning of witnesses under oath.

Expert Discovery: Many cases require expert witnesses—specialists who analyze evidence and provide professional opinions on complex topics.

Phase 4: Summary Judgment (Trying to End the Case Early)

Before going to trial, one or both sides might try to end the case without a trial by filing a motion for summary judgment.

This motion argues:

There’s no real dispute about the key facts.

The judge can decide the case based on the law alone.

If granted, the case ends (unless appealed). If denied, the case heads to trial.

Phase 5: Trial Preparation and Trial

If a case survives summary judgment, both sides prepare for trial by:

📌 Finalizing witness lists and exhibits.

📌 Filing motions to exclude certain evidence.

📌 Practicing opening and closing arguments.

The Trial Process:

1️⃣ Opening Statements – Lawyers introduce their case.

2️⃣ Presenting Evidence – Witnesses testify, and documents are introduced.

3️⃣ Closing Arguments – Lawyers summarize their case.

4️⃣ Jury Instructions – The judge explains the law to the jury.

5️⃣ Verdict – The judge or jury decides the outcome.

A plaintiff must prove their case by a “preponderance of the evidence”—meaning their claims are more likely than not to be true.

Phase 6: Post-Trial and Appeals

After trial, the losing side may appeal, arguing:

📌 The judge misapplied the law.

📌 The jury was influenced by improper evidence.

📌 Legal instructions to the jury were incorrect.

Most appeals go to one higher court and end there, but a few cases make it to the Supreme Court.

Settlements and Mediation: Can a Case End Early?

Not all cases make it to trial—most settle before getting that far.

💰 Settlement discussions can happen:

• Before filing a lawsuit.

• After a major ruling, like surviving a motion to dismiss.

• Right before trial, when both sides face pressure.

• Even during trial, if one side sees an unfavorable outcome coming.

🔎 Mediation: A Middle Ground

Sometimes, parties choose mediation—a process where a neutral third party helps negotiate a settlement. Some courts even require mediation to encourage resolution before trial.

If a settlement is reached, the terms are written into an agreement and, in some cases, require court approval.

Final Thoughts

Civil litigation is a marathon, not a sprint. It moves through structured phases, each with its own rules and challenges. Some cases end early, while others go all the way to trial and appeal.

If you’re involved in a lawsuit, understanding these phases can help you stay informed and prepared. Litigation can be long, complex, and costly—but knowing the process puts you one step ahead.

Have questions about litigation? Contact us for help!