Dealing with lawsuits is never fun, but it is part of the cost of doing business. If you have been served with legal papers, or you are considering filing a lawsuit, it helps to understand what the civil litigation process looks like. Litigation can feel overwhelming, unfamiliar, and slow. Therefore, this guide breaks the process down step by step so you know what to expect.
1. 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, and it usually requires hand delivery by a process server. Once served, the defendant has a limited time to respond: 20 days for a defendant served in Washington, or 60 days for a defendant served outside the state.
What this means for you: If you are served, do not ignore it. If you are filing a lawsuit, proper service is essential to keep your case moving.
2. The Response: Answer or Motions
Answer. After being served, the defendant must file an answer. An answer is a document in which the defendant admits, denies, or claims to lack knowledge about each fact or claim in the complaint. The defendant may also raise affirmative defenses, such as the 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. In effect, a default means the defendant did not contest the claims, and the plaintiff wins. Courts generally dislike finding parties in default. However, if the defendant was properly served and did not answer, the court will likely approve one.
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. Before answering, a defendant can ask the court to dismiss claims, require a more definite statement, or strike claims. These motions generally pause the deadline to answer until the court rules.
What this means for you: Expect the defense to challenge parts of the case early. That is normal, not a sign you will lose.
3. Discovery: The Longest Phase of the Civil Litigation Process
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 under oath
- Requests for production: demands for emails, documents, photos, contracts, medical records, and similar materials
- Depositions: recorded interviews in which attorneys question witnesses under oath
- Subpoenas: requests to third parties for documents or testimony
Discovery is often the most time-consuming phase, and it generates considerable attorney fees. That is 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.
4. Experts, Evaluations, and Case Strategy
Not every case needs experts, but many do, especially disputes involving medical issues, accidents, financial analysis, or specialized knowledge. For example, experts might reconstruct an accident, evaluate injuries, analyze business losses, or inspect property and 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 are necessary.
5. Mediation and Settlement: Where the Civil Litigation Process Usually Ends
Most civil cases settle before trial. In fact, courts in Washington often require mediation or another form of alternative dispute resolution before a case can be tried.
- Mediation: a neutral mediator helps the parties negotiate and explore settlement options. It is 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. However, it should only happen if the terms make sense for your goals.
6. Pre-Trial Motions
As trial approaches, the parties may file motions to shape what evidence comes in or to 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. Together, these rulings help determine what the trial will look like.
7. Trial
If the case does not settle, it proceeds to trial, either before a judge (a bench trial) or a jury. A typical trial includes jury selection, opening statements, witness testimony and cross-examination, expert testimony, presentation of documents and exhibits, closing arguments, and a verdict. In a bench trial, the judge decides the facts instead of a jury. Trials can last anywhere from one day to several weeks, depending on complexity.
What this means for you: Trials involve uncertainty, and many decisions turn on small points of law or fact. Consequently, thorough preparation and strong evidence, presented by an experienced attorney, can make all the difference.
8. After the Verdict: Post-Trial Motions and Appeals
Even after the trial ends, the process may continue. Post-trial motions can challenge the verdict. A party that believes the court made a legal error can appeal. Meanwhile, a party that wins a money judgment may need to pursue collection, and court orders may require enforcement or compliance.
Note that an appeal does not retry the case. Instead, the appellate court reviews the trial court’s decisions for legal errors.
Final Thoughts on the Civil Litigation Process
Civil litigation is a marathon, not a sprint. Understanding the steps reduces uncertainty and gives you more control over the process. Whether you are bringing a lawsuit or defending one, experienced counsel makes a significant difference at every stage. Washington’s procedural rules, including the Superior Court Civil Rules that govern most of these steps, are published by the Washington Courts.
How Stratagem Law Group can help
Stratagem Law Group represents Washington businesses, professionals, and nonprofits in civil litigation, from pre-suit demands through trial and appeal, and advises on resolving disputes before they reach a courtroom. If you have been served with a complaint or are weighing whether to file one, contact us. We serve clients across Washington and nationwide for select federal cases, in person and virtually. Matthew Macklin is admitted to the Washington State Bar and to the U.S. District Courts for the Western and Eastern Districts of Washington.
This article is provided by Matthew Macklin and Stratagem Law Group for general informational and commentary purposes only. It is not legal advice, does not address any specific facts or circumstances, and does not create an attorney-client relationship. Readers should consult qualified counsel regarding their specific situation.
