What to Expect at Each Stage of a Lawsuit, From Filing to Trial

Whether you are filing a lawsuit or have just been served with one, the first question most people ask is some version of the same thing: how long is this going to take, and what actually happens between now and the end. The honest answer is that litigation moves through a handful of distinct phases, each with its own timeline and its own purpose, and a case can take several months or, in many instances, several years to work all the way through the court system. The specific rules and timelines can also vary depending on which court the case is in. State and federal courts in New York operate under different procedural frameworks, and the pace of a case in one court can look quite different from the same type of case in another.

The Pleadings: Where the Case Gets Defined

Every lawsuit starts with the pleadings, and the pleadings start with the Complaint. This is the document the plaintiff files to lay out the factual allegations and the legal claims against the defendant. It is the foundation for everything that follows, since the case is generally limited to the claims and facts the Complaint puts on the table.

Once the Complaint is filed and served, the defendant has the opportunity to respond with an Answer. The Answer addresses each allegation in the Complaint, admitting it, denying it, or stating there is not enough information to know one way or the other. The Answer is also where a defendant raises affirmative defenses, meaning legal reasons the claims should fail even if some of the facts are true, and where a defendant can bring their own counterclaims back against the plaintiff if they have them.

By the end of the pleadings phase, both sides know exactly what is being argued and on what legal grounds.

Discovery: Where the Facts Get Tested

Discovery is usually the longest phase of a lawsuit, and it is where each side builds the factual record their case will ultimately rest on. Both sides exchange documents, request information from one another, answer written questions called interrogatories, and take depositions, which are sworn, recorded interviews conducted outside of court.

Discovery is also where lawsuits often become more expensive than many clients expect. Reviewing documents, preparing for depositions, and working with expert witnesses can quickly become the most time-consuming and costly part of a case.

The purpose of discovery is to test the allegations and legal positions laid out in the pleadings against the actual facts and documents. What looked strong in the Complaint might look different once records come in. What looked like a weak defense in the Answer might hold up once a witness is deposed. Much of the evidence presented at trial is developed during discovery, which is part of what makes it one of the most important phases of a case.

This is also the phase where most cases start to come into focus. Once both sides have seen the other's documents and heard from witnesses under oath, the strengths and weaknesses of each position tend to become a lot clearer than they were at the pleading stage.

Trial: Where a Judge or Jury Decides

If a case has not resolved by the time discovery wraps up, it proceeds to trial. Both sides present their case to a judge or jury, calling witnesses to testify under oath and submitting documents and other evidence gathered during discovery. Many cases also involve expert witnesses, who offer specialized opinions on technical or industry-specific issues relevant to the claims. Once both sides have presented their case, the judge or jury reaches a verdict.

Trial is the phase most people picture when they think about a lawsuit, but it is also the phase a relatively small percentage of cases ever reach. Most lawsuits resolve before trial, often during discovery, once both sides have a clearer sense of how the case is likely to go.

Why Settlement Is Worth Discussing at Every Stage

Litigation can take months or years from start to finish, and every phase along the way costs time and money. That is why settlement is worth discussing at every stage of a case, not just when a trial date is looming.

Settling early, sometimes even before discovery is complete, can save both sides the cost of depositions, document review, and expert witnesses. Settlement discussions also tend to become more productive once discovery is underway, since both sides have a clearer picture of the evidence and a more realistic sense of what continuing to litigate would actually cost them. There is no single right time to discuss settlement. There is only the question of whether continuing to litigate makes more sense than resolving the matter now, and that question is worth asking throughout the life of a case.

Understanding the Process Helps You Make Better Decisions

Litigation can feel unpredictable if you do not know what is coming next. Knowing what each phase actually involves, and how long it tends to take, makes it easier to make informed decisions along the way, including the decision about whether and when to settle.

If you have questions about a lawsuit you are involved in, or any other litigation matter, the Siegel Law Firm can help. Call 516-558-7559 or email info@thesiegelawfirm.com to discuss your situation.