{"id":368978,"date":"2016-04-04T10:47:05","date_gmt":"2016-04-04T15:47:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/filing-a-lawsuit\/what-to-expect-a-lawsuit-chronology.html"},"modified":"2024-05-07T07:39:32","modified_gmt":"2024-05-07T12:39:32","slug":"what-to-expect-a-lawsuit-chronology","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/filing-a-lawsuit\/what-to-expect-a-lawsuit-chronology.html","title":{"rendered":"What To Expect – A Lawsuit Chronology"},"content":{"rendered":"\n
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What To Expect – A Lawsuit Chronology<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

A lawsuit is a complicated legal process full of surprises and delays. Every action involves at least two parties, and the schedule and events can be out of your hands. Most litigation actions happen in the same order, so you can understand what will happen. It helps to know some of the words and phrases that come up in a lawsuit.<\/p>\r\n

This article describes a typical timeline for civil litigation<\/a>. Your case may differ based on state laws and the details of your case. Your attorney can help you understand exactly how your lawsuit will fit with this chronology. Criminal cases and specialized matters like bankruptcies have different procedures. This article outlines a "typical" lawsuit, such as a personal injury case.<\/p>\r\n

Beginning the Lawsuit<\/h2>\r\n

A civil action begins with a complaint, usually accompanied by a summons.<\/a> The complaint describes the claims that the plaintiff (the party bringing the lawsuit) brings against the defendant (the party being sued). A lawyer may prepare the document.<\/p>\r\n

In most jurisdictions, the litigation process begins when you file your complaint. You have a limited time to serve the complaint on the defendant. In some states, such as Minnesota and North Dakota, you can serve the summons and complaint first and then file with the court.<\/p>\r\n

In almost all jurisdictions, the plaintiff can’t serve the documents personally. A person uninvolved in the lawsuit, a process server, or the county sheriff must serve the documents. Once service is complete, the person must file a Notice of Service with the court to prove the defendant received the documents.<\/p>\r\n

The defendant must file an answer within a specific time. This can be from 21 to 180 days, depending on the jurisdiction and the nature of the case. The answer lets the defendant disagree with the complaint, explain their defenses, and make counterclaims against the plaintiff.<\/p>\r\n

Pre-Trial<\/h3>\r\n

If the defendant doesn’t answer the complaint, the plaintiff may request a default judgment<\/a>. The court may enter a default on its own or sua sponte. If the defendant answers, the case is set for trial, and several hearings are set. These pre-trial or case management hearings occur before the trial to ensure the parties are working towards an agreement.<\/p>\r\n

Discovery<\/h2>\r\n

During the discovery process<\/a>, parties exchange documents and information about the issues relevant to the litigation. Discovery can take three forms:<\/p>\r\n