The Lawsuit Process

1

Before filing

Resolving the dispute informally, before any complaint is filed.
2

Pleadings

The complaint, service, and answer frame the claims and defenses.
3

Discovery

Documents, written questions, and depositions establish the facts.
4

Law & motion

Either side asks the court to decide key legal questions.
5

Mediation & settlement

A negotiated resolution, often once discovery reveals the facts.
6

Trial

A judge or jury decides the case if no fair resolution is reached.
Where most cases end

Settlement · Mediation · Dismissal
Verdict & judgment

Where few cases go

Most disputes settle before trial — but understanding the path a case takes helps you make better decisions along the way. Here is how a civil lawsuit generally moves through the California courts.

Before filing

Many disputes can be resolved through informal negotiations before a complaint is ever filed. We look first at whether the matter can be resolved faster and cheaper without litigation — and at any deadlines or notice requirements that have to be met either way.

Pleadings

A case begins when the plaintiff files a complaint and serves the defendant, who then files an answer or a challenge to the complaint. The pleadings frame what the case is about: the claims, the defenses, and the relief sought.

Discovery

This is usually the longest phase. Both sides exchange documents, answer written questions, and take depositions under oath. Discovery is where the facts get established and where most cases are won or lost — long before any courtroom.

Law and motion

Throughout the case, either side can ask the court to decide legal questions — from narrowing the claims early on to seeking summary judgment, which can resolve some or all of a case without a trial.

Mediation and settlement

Most cases resolve through negotiation or mediation, often after the key facts come out in discovery. Settling on the right terms, at the right time, is frequently the best outcome for a business that wants the dispute behind it.

Trial