The Stages in Order
A civil case begins with a complaint setting out the claims, followed by service on the defendant and an answer, usually due within 20 to 30 days of service depending on the court and method.
Early motions may follow, most commonly a motion to dismiss arguing that even if everything alleged were true there is no valid claim. Resolving one can take several months on its own.
Discovery is where the time goes
Discovery, the exchange of documents, written questions and depositions, typically consumes more elapsed time than every other stage combined. In a contested case it commonly runs six months to two years, and disputes about its scope extend it further.
The Middle and End
After discovery, summary judgment motions ask the court to decide without trial on the basis that no genuine dispute of material fact exists. Briefing and decision commonly take three to six months.
Cases that survive are set for trial, though court calendars mean a trial date is frequently a year or more after the case is ready. Continuances are common.
The overwhelming majority settle before trial, and most settlements occur after discovery has revealed the strength of each side, which is why timing pressure builds at that point rather than at filing.
Realistic Durations
A straightforward matter that settles early may conclude in six to twelve months. A contested case with substantial discovery commonly runs one to three years. Complex multi-party litigation runs longer, and an appeal adds one to two years on top.
Delay comes from court backlogs, motion practice, discovery disputes, expert scheduling and continuances, most of which are outside any individual party control.
Budget for the long version
People consistently underestimate duration, which affects financial planning and willingness to settle. Assume the longer end of the range, since a case that resolves faster is a welcome surprise while the reverse causes real difficulty.
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Civil Lawsuit Timeline: Each Stage and How Long It Takes: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
How long does a civil lawsuit take?
A case settling early may take six to twelve months. Contested cases with substantial discovery commonly run one to three years, and complex litigation longer.
What are the stages?
Pleadings and service, early motions, discovery, summary judgment, then trial or settlement, with appeal possible afterwards.
Which stage takes longest?
Discovery, which typically consumes more elapsed time than all other stages combined and commonly runs six months to two years in contested cases.
When do most cases settle?
After discovery, once each side has seen the strength of the other case, which is when settlement pressure is greatest.
What causes delay?
Court backlogs, motion practice, discovery disputes, expert scheduling and continuances, most of which no individual party controls.
Legal Disclaimer
This article is general legal information, not legal advice, and does not create an attorney-client relationship. Case status, eligibility criteria, and any amounts described are as reported at the date shown and may change. Consult a licensed attorney in your jurisdiction about your own situation.