Courtroom dramas like The Lincoln Lawyer are entertaining, but real-world litigation is usually daunting, especially if you’ve never faced a lawsuit. Whether you’re the one filing a claim or responding to one, knowing the typical stages of the litigation process can make you feel more prepared and in control.
Each case is unique, and the timeline can shift based on the court, the type of dispute, or whether the parties reach an early settlement. In fact, many disputes are resolved long before trial. Still, most lawsuits move through a common sequence of phases, from pre-litigation investigation to potential courtroom proceedings.
Below is a straightforward overview of the usual stages of civil litigation and what to expect at each point.
1. Pre-Litigation: Building the Case from the Ground Up
Before anything ever reaches the courthouse, your attorney begins gathering information. This phase often involves reviewing contracts, collecting relevant records, interviewing witnesses, and assessing the strengths and weaknesses of your legal position.
During this time, your lawyer may also send a demand letter to the other side. This letter explains your claim, sets out what you’re seeking, and invites the opposing party to resolve the issue without litigation. Many business disputes end here, which can spare both sides the cost and stress of a lawsuit.
If negotiations don’t lead to a resolution, your attorney will move forward with filing a formal legal action, armed with the facts and documentation collected during this initial investigation.
2. Pleadings: Starting the Lawsuit on Paper
If attempts to resolve the dispute informally don’t succeed, the case moves into the pleadings phase where the lawsuit officially begins.
The plaintiff (the party initiating the case) files a Complaint, which lays out the key facts, the legal basis for their claims, and the resolution they’re asking the court to provide.
After filing, the court issues a Summons, and the Complaint is formally served on the defendant.
The defendant then responds with an Answer, admitting or denying each allegation and asserting any defenses.
At this stage, the defendant may also:
- File counterclaims against the plaintiff, and/or
- Add third-party claims if others are believed to share liability.
This phase sets the legal parameters of the case and defines the disputes the court will ultimately be asked to resolve.
3. Discovery: Gathering and Exchanging Evidence
Discovery is frequently the longest phase of litigation, but it’s also where the real substance of the case takes shape. Both sides collect and share information to support their arguments and test the strength of the other party’s claims.
Some of the most common discovery tools include:
- Interrogatories: Written questions that must be answered under oath.
- Requests for Production: Formal requests for documents, emails, contracts, financial records, and other materials.
- Requests for Admission: Statements the opposing party must either admit or deny, helping narrow down what facts are actually in dispute.
- Subpoenas: Court orders requiring third parties not involved directly in the lawsuit to provide documents or testimony.
- Depositions: Live, sworn questioning of witnesses or parties, typically in a law office, with a court reporter present.
Discovery allows each side to understand what evidence exists and where the strengths and weaknesses in their positions may lie. Not surprisingly, many cases begin moving toward settlement once discovery reveals clear facts or eliminates uncertainty.
4. Mediation: Seeking a Resolution Outside the Courtroom
Before a case moves toward trial, many North Carolina courts require the parties to participate in mediation, a structured negotiation led by a neutral party. The mediator isn’t a judge and won’t decide who’s right or wrong. Instead, their role is to facilitate conversation, identify common ground, and help both sides explore workable solutions.
Mediation can be highly effective. It gives the parties control over the outcome, allows for creative resolutions that a court might not offer, and can significantly reduce time, stress, and legal expenses. In many cases, disputes are resolved here, long before anyone steps into a courtroom.
5. Dispositive Motions: Seeking a Legal Resolution Before Trial
Once discovery is complete, either party may file what are known as dispositive motions which are formal legal requests asking the court to decide some or all of the case without a trial.
A common example is a motion for summary judgment, which argues that even if all the facts are viewed in the most favorable light to the opposing party, the law still requires a ruling in favor of the moving party.
If the court agrees, it may dismiss the claims entirely or limit the remaining issues, significantly narrowing what needs to be resolved at trial.
6. Pre-Trial Motions and Trial Preparation
If the case continues, both sides shift into trial preparation. During this phase, attorneys file pre-trial motions addressing matters such as what evidence may be admitted, whether certain testimony should be excluded, or how specific legal issues should be handled.
Lawyers also organize witness lists, prepare exhibits, outline examination strategies, and refine the overall approach to presenting the case.
This stage is essentially the blueprint for trial, shaping how and what the judge or jury will hear.
7. Trial: Presenting the Case to the Court
At trial, both parties finally present their arguments and evidence before either a judge or a jury. Although every case is unique, most trials follow a familiar structure:
- Opening statements explaining each side’s position
- Witness testimony and cross-examination
- Introduction of documents, exhibits, and other evidence
- Closing arguments summarizing the key points
After hearing everything, the judge or jury deliberates and issues a decision or judgment.
Each Case Follows Its Own Path Through Litigation
These stages offer a general framework, but every case unfolds differently. Some disputes resolve quickly through negotiation or mediation, while others demand extra hearings, expert testimony, or appellate review.
Keep in mind that litigation remains adaptable and settlements can happen at any point in the process.
Anderson Legal supports North Carolina business owners throughout litigation from start to finish. Whether you’re asserting your rights or protecting your company, we keep you informed, prepared, and secure.
Nothing on this website or this blog should be considered legal advice. Anderson Legal does not represent you and no client-attorney relationship is formed until you have completed our client intake process.