CANNON | LAW

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(1) Pre-litigation
Negotiation
The easiest way to settle a case is
before litigation starts. Usually a
lawyer will write to the other side
demanding settlement. If they agree,
there is no need to go to step 2. This
usually takes less than a month.
The Complaint
This starts the court case. It sets out the
claims and the injuries suffered by the
plaintiff. Takes about two week to
prepare.
(3) DISCOVERY
At this stage, the two sides give each other all the information they have about the incident that led to the case. Some information has to
be disclosed without being asked for, other information must be specifically requested. During this time, the parties and some key
witnesses will be interviewed on the record in a deposition. These interviews can last a full day. The discovery process can take several
months to complete.
The Answer
This is the Defendants chance to respond.
It sets out any defenses, factual disputes,
and claims the Defendant may have
against the Plaintiff. The Answer is due
about three weeks after service of the
complaint.
Timeline of a Civil Case
(4) Motions
Motion is a lawyers way of saying
request. When one side wants the
court to do something, they file a
motion. Then the other side responds.
Motions can ask for something as
simple as an extension of a deadline to
something as severe as asking the judge
to dismiss the case entirely. Motions
can be filed at any time during the case.
The cut-off for most substantive
motions is usually 6 weeks before trial.
(5) Trial
This is what everyone thinks of when they
think of a court case. But trials are a very
small part of a case. They usually take
about a week, during which the lawyers
for each side will call witnesses and argue
the case to the judge or a jury. At the end
of the trial, the jury or judge will return a
verdict for one side or the other.
(6) Motions (again)
Yep, even after trial, the case isnt over.
Both sides get to file more motions
asking the judge for a new trial, to revisit
issues that came up before or during the
trial, or to award costs or attorneys fees.
Even so, its rare that a judge will throw
out a jury verdict completely. Post-trial
motions typically must be concluded
within 9 weeks of the end of trial.
Often, the side that loses at trial will appeal legal issues that came up during the case. Usually appeals courts respect the trial courts
decision though. Most lawyers would agree that the best way to win an appeal is to not lose in the trial court. Appeals can take months
or even years to complete.
(2) PLEADINGS
This gets the case going. There are two
main documents that must be filed with
the court:
References:
1
http://www.uscourts.gov/Statistics/JudicialBusiness/2012/us-district-courts.aspx
2
http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1202&context=facpub
3
Timing and deadlines are based on the Colorado Rules of Civil Procedure.
About 67%
settled
2
STATISTICS
In 2012, 278,442 civil cases were filed in Federal Court.
1
18% resolved during
motions
2
Only 3% went
to trial
2
12% ended in various
other ways
2
SETTLEMENT
At any point after the case has started, the parties can agree to end it. Typically settlement happens before the trial, but its also fairly
common for it to occur during post-trial motions or even during an appeal. Usually settlement will involve the Defendant paying the
Plaintiff to dismiss the case. Most cases in the US end in settlement in some form because settlement is usually in everybodys best
interests. If a case doesnt settle, its rare for it to finish less than 18 months from when it was filed and its not unusual for it to take more
than 2 years.