Countdown to Trial: What to Expect Once You File a Civil Lawsuit

Filing a civil lawsuit can be a critical step toward protecting your (or your company’s) rights in a wide range of scenarios. From personal injury lawsuits to breach-of-contract lawsuits, taking formal legal action can be a necessary—and effective—path forward when no other options remain. If you need to file a civil lawsuit, what can you expect going forward? Here is an introduction to the process from an experienced Miami civil litigation attorney:

An Overview of the Civil Litigation Process in Florida

One of the most important things to understand about civil litigation is that it truly is a process. Filing a lawsuit starts the process, but this is just one step of many. In the weeks (and months) ahead, your attorney will be navigating the remainder of the steps on your behalf—and your attorney will need you to be available to provide information and make key decisions when necessary.

However, it is also important to keep in mind that civil disputes can be settled at any time. As the litigation process progresses, settlement discussions will often take place in the background. If the parties agree to settle their dispute, they can enter into a binding settlement agreement that immediately ends the process.

With this in mind, once a lawsuit has been filed, the major steps in the civil litigation process are as follows:

1. The Defendant Files an Answer (and Potentially Other Pleadings)

Once a plaintiff files a lawsuit, the defendant has a deadline to file an answer (this deadline varies between state and federal courts). When the defendant files its answer, it may also file counterclaims, third-party claims, and various other pleadings.

2. The Parties Engage in Discovery

After the pleadings phase, the next major step in the process is discovery. This is when each party has the opportunity to learn what evidence the other party has in its possession. All discovery requests will take one of four main forms:

• Requests for production of documents
• Requests for admissions
• Interrogatories
• Deposition notices and subpoenas

Responding to discovery requests can be a time-intensive and resource-intensive process for both parties. As a result, it is not unusual for settlement negotiations to take place at this stage.

3. The Parties File Pre-Trial Motions and Attend Pre-Trial Hearings

During and after discovery, the parties will engage in pre-trial motions practice. Motions are requests for the court to take action. During the pre-trial phase, the parties may make discovery requests, seek dismissal of individual claims or counterclaims, and seek dismissal of the lawsuit in its entirety, among other matters. For complex matters, the court may schedule a hearing.

4. The Judge Issues Rulings that Narrow (or Expand) the Scope of the Litigation

In response to the parties’ pre-trial motions, the judge presiding over the litigation will issue rulings that narrow (or, in some cases, expand) the scope of the litigation. How the judge rules on the parties’ various pre-trial motions can also have a major impact on both parties’ interests in settlement.

5. The Parties Conduct Voir Dire (if Applicable) and Prepare Their Respective Claims and Defenses for Trial

If either party requests a jury trial, both parties must participate in the jury selection process. This is known as voir dire. In complex and high-value cases, voir dire can be a time- and resource-intensive process.

After voir dire, the parties will focus on preparing their respective claims and defenses for trial. This will involve using the evidence gathered during discovery to show why their desired outcome is warranted. In many cases, it will also involve preparing expert witnesses to testify at trial.

6. The Parties’ Trial Date Arrives

If the parties haven’t settled and the plaintiff’s lawsuit hasn’t been dismissed, eventually the parties’ trial date will arrive. Depending on the complexity of the parties’ dispute, their trial could be scheduled for a single day or take place over several days or weeks.

7. The Plaintiff Presents Its Case

At trial, the plaintiff goes first. This is because the plaintiff has the burden of proof (the standard is “a preponderance of the evidence” in most civil cases). The plaintiff’s trial counsel will call witnesses to the stand to testify, and will use these witnesses to introduce the evidence that supports the plaintiff’s claim (or claims) for liability.

8. The Defendant Responds

After the plaintiff presents its case in chief, it is the defendant’s turn to respond. If justified under the circumstances, the defendant can begin by filing a motion for a directed verdict. This is a motion requesting that the judge dismiss the case because the plaintiff failed to present a valid case for liability. If a motion for a directed verdict is unwarranted (or if the defendant’s motion is denied), the defendant will then present its evidence for why the judge or jury should rule in its favor.

9. The Judge or Jury Renders a Binding Decision

After hearing the evidence from both sides, the judge or jury will render a binding decision. If the judge or jury renders a verdict for the plaintiff, the verdict may include a damages award, or the plaintiff’s damages may be calculated separately in a subsequent (and final) stage of trial. If the judge or jury renders a verdict for the defendant, the case will be over (unless the defendant filed a counterclaim or another for damages).  

10. The Parties Assess Their Options for Appeal

Finally, both parties will have a limited amount of time to assess their options for appeal. Plaintiffs and defendants may both want to consider an appeal for various reasons. If either party files an appeal, the appeal will focus on errors at the trial level, and if an appeal is successful, it can result in a reversal and remand for further proceedings.

Learn More from an Experienced Miami Civil Litigation Attorney at Gonzalez Law Offices, P.A.

This is an extremely brief introduction to the civil litigation process in Florida. If you need more information, we invite you to get in touch. To schedule a consultation with an experienced Miami civil litigation attorney, please call 305-676-6677 or request an appointment online today.