Wanting to pursue a legal claim or are you defending one? Here’s a road map of what to expect.
First and foremost, early resolution should always be explore. That can be done by sending a demand letter to the other side before suing, or trying to negotiate with the other side before they sue. Read more about why settlement is important here: https://www.frylawcorp.com/post/why-you-should-consider-settling-your-lawsuit/
If settlement is not an option, you have to formally initiate the lawsuit or address theirs. First step, the complaint and ancillary documents. They are a requirement to initiate your case with the Court. If you are being sued, you have to file a response. That could be a variety of things, but something has to be filed or they will take your default. Read more about that here: https://www.frylawcorp.com/post/2017-3-9-how-to-respond-to-a-lawsuit-and-summons-in-california/
Once the lawsuit is plugging along, you should get an idea of the typical next steps and timelines involved with litigation.
If you are suing, you ultimately send the complaint out for service. You are required to personally serve each defendant with the Summons and Complaint, and a Case Management Conference will take place at some point in the months after filing. That is where the Court checks in to make sure everyone is making progress towards trial. Your attorney usually attends that for you.
Generally speaking, service can typically take thirty (30) to sixty (60) days, although it can sometimes take longer if we are unable to locate one or more of the defendants, i.e., if they have moved, the defendants are evading service, etc.
Once served, the defendants typically have thirty (30) days to answer or otherwise respond. However, the defendants might request an extension of time to answer, particularly if they retain an attorney close to the response date. Consequently, you should typically receive the defendant’s answer or other responsive pleading within the first ninety (90) days or so.
Defendants sometimes attack the allegations of the Complaint by way of Demurrer or other challenge, which is a motion where the defendants argue that they aren’t liable. They make a variety of arguments that we will discuss if it happens. Alternatively, they may file an answer to the Complaint, which is essentially a general denial of the allegations. This “pleadings phase” could potentially take several months between the briefing and if applicable, the hearings. There is also the possibility that if the defendants fail to formally respond to the complaint within the allotted timeframe, you can seek their entry of default after that time has expired without any responsive pleading filed.
In preparing for trial as necessary, you will likely be serving the other side with written discovery (interrogatories, requests for documents, requests for admissions, etc.) asking that they provide you with copies of certain documents, answer certain questions, and will also notice depositions. The other side will do the same to you. At that point, you will need to assist the attorney in their review and assist in responding as necessary. This “discovery phase” could take six (6) to nine (9) months. For information on depositions, read here: https://www.frylawcorp.com/post/how-to-prepare-for-depositions/
The Court typically sets trial within 18-30 months from filing. It could be longer due to delays. Of course, your attorney will attempt to get you into a position to discuss settlement as soon as possible to explore early resolution of the litigation with the other side.
At some point, the Court will usually set up a Mandatory Settlement Conference. This is a hearing designed to be more like a mediation than a hearing. The Court checks in to see if maybe they can assist the parties in reaching a settlement. Sometimes they are productive, sometimes they are not.
Private mediation may also be an option. That is where the parties choose a private mediator to attempt to negotiate a settlement. Read more here: https://www.frylawcorp.com/post/what-is-mediation-and-why-is-it-important/
After all of that, trial starts. That is where you will put on your evidence and the other side will do the same.
If you do not agree with the ultimate finding, you can look into appealing the ruling, verdict or judgment. Read more here: https://www.frylawcorp.com/appellate-attorney/
Here at Fry Law Corporation, litigation is all we do. The steps above are crucial and you need well versed attorneys on your side. Call or click today to go over options.
