Dealing with lawsuits is never fun, but a part of the cost of doing business. If you find yourself served with legal papers or considering filing a lawsuit it helps to understand what process looks like. Civil litigation can feel overwhelming, unfamiliar, and slow. Our guide breaks the process down step-by-step so you know what to expect.
- The Lawsuit Begins: Filing and Service
A lawsuit officially starts when the Plaintiff (the party bringing the claim) files a complaint with the court. This document outlines what the plaintiff says happened and what damages or relief they want.
After filing, the plaintiff must serve the Defendant with the complaint and a summons. Service has strict rules—usually requiring hand-delivery by a process server. Once served, the Defendant has a limited time (20 days if they reside in Washington, 60 days if they reside outside Washington) to respond.
What this means for you:
If you’re served, don’t ignore it. If you’re filing a lawsuit, proper service is essential to keep your case moving.
- The Response: Answer or Motions
Answer – After being served, the Defendant must file an Answer. An answer is a document where the Defendant admits, denies, or says they lack information about each fact or claim in the Complaint. They may also raise affirmative defenses, such as statute of limitations or comparative fault.
If the Defendant does not file an answer, the Plaintiff can ask the Court to find the Defendant in default. A default essentially means the Defendant did not contest Plaintiff’s claims and have therefore won the case. The Courts generally dislike finding parties in default, but if the Defendant has been properly served and did not file an answer, the Court will likely approve a default.
Motions – Alternatively, instead of filing an Answer right away, the Defendant can file a motion. A motion is a formal request for the Court to act or make a decision. Generally, before an Answer, a Defendant can request dismissal of claims, more definitive claims, or to strike claims. These motions generally pause the deadline to file an answer until the court rules.
What this means for you:
Expect the defense to challenge parts of the case early. It’s normal—not a sign you’ll lose.
- Discovery: The Longest and Most Important Phase
Discovery is where both sides gather evidence. This stage can last months or even a year depending on the complexity of the case.
Common discovery tools include: Interrogatories (written questions the other side must answer), Requests for Production (asking for emails, documents, photos, contracts, medical records, etc.), Depositions (recorded interviews where attorneys question witnesses under oath), and Subpoenas (requests to third parties for documents or testimony).
Discovery is often the most time-consuming phase and generates considerable attorney fees because it involves sorting through evidence, responding to requests, and preparing witnesses.
What this means for you:
Be prepared to provide documents, answer questions, and help your attorney understand the facts.
- Experts, Evaluations, and Case Strategy
Not every case needs experts, but many do—especially disputes involving medical issues, accidents, financial analysis, or specialized knowledge.
Experts might reconstruct an accident, evaluate medical injuries, analyze business losses, inspect property or equipment. During this phase, your attorney also shapes trial strategy based on what discovery reveals.
What this means for you:
Experts can strengthen your case, but they add time and cost. Your attorney will help determine whether they’re necessary.
- Mediation and Settlement Negotiations
Most civil cases settle before trial. Courts in Washington often require mediation or another form of alternative dispute resolution.
- Mediation: A neutral mediator helps the parties negotiate and explore settlement options. It’s confidential, non-binding, and often highly productive.
- Direct negotiation: Attorneys may exchange offers and counteroffers throughout the case.
What this means for you:
Settlement can save time, money, and stress. But it should only happen if the terms make sense for your goals.
- Pre-Trial Motions
As trial approaches, the parties may file motions to shape what evidence gets introduced or request specific relief from the Court. Common motions include: motions in limine (to exclude unreliable or prejudicial evidence), summary judgment motions (asking the judge to decide some or all issues without a trial), and motions to compel discovery compliance. These rulings help determine what the trial will look like
- Trial
If the case doesn’t settle, it proceeds to trial—either before a judge (bench trial) or a jury.
A typical trial includes: jury selection (If a jury trial. If a bench trial, the judge will decide the facts of the case), opening statements, witness testimony and cross-examination, expert testimony, presentation of documents and exhibits, closing arguments, and a final verdict.
Trials can last anywhere from one day to several weeks depending on complexity.
What this means for you:
Trials involve uncertainty. Many decisions can turn on small points of law or fact. Adequate preparation and strong evidence by an experienced attorney can make all the difference.
- After the Verdict: Post-Trial and Appeals
Even after the trial ends, the process may continue: post-trial motions challenging the verdict, appeals if a party believes the court made a legal error, collection efforts if someone wins a money judgment, enforcement or compliance with court orders
Note: An appeal does not re-try the case. Instead, the Appellate court reviews the trial court’s decisions for legal errors.
Final Thoughts
Civil litigation is a marathon, not a sprint. Understanding the steps helps reduce uncertainty and gives you more control over the process. Whether you’re bringing a lawsuit or defending one, having experienced counsel can make a significant difference at every stage.
If you have questions about where your case stands—or what the next step might be—our firm is here to help.
– Jovan Beattie, Attorney at Stratagem Law Group
Stratagem Team
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