Ask an Attorney: How Long Does a Civil Litigation Case Typically Take?

While there is no set timeline for a civil litigation case, the process can take several months to several years. Each stage of litigation, from filing to trial and potentially appeal, adds time to the process. Here’s a summary from a civil defense attorney in Glen Cove, NY, of the general timeline to expect if you’re involved in a civil lawsuit.

Initial Filing and Response

The first step in any civil litigation case is filing the complaint, which outlines the plaintiff’s legal claims and starts the formal process. After the complaint is filed, the defendant has a set period (usually 20 to 30 days) to respond. The timeline can be delayed if the defendant requests an extension or files a motion to dismiss.

On average, this initial phase can take anywhere from a few weeks to several months, depending on how quickly both sides act and whether any early motions are filed.

Discovery Phase

After the initial pleadings, the case moves into the discovery phase, one of the lengthiest stages of civil litigation. During discovery, both parties gather evidence, conduct depositions, and request documents.

The discovery process can take several months to over a year, depending on the amount of evidence and the complexity of the case. This phase can lengthened even further if disputes may come up during discovery, such as disagreements on what information should be disclosed.

Settlement Negotiations

Many civil cases are resolved through settlement rather than going to trial. Though settlement negotiations can come at any point during the litigation process, they are often after the discovery phase, when both sides have worked through the evidence and have a clearer understanding of the case.

If both parties are open to negotiating, a settlement could resolve the case within months. However, if negotiations break down, the case could continue for months or years.

Pre-Trial Motions

Before a case goes to trial, attorneys may file pre-trial motions to clarify or resolve certain issues. For example, a motion for summary judgment asks the court to decide the case based on the evidence presented, without going to trial. If the court grants such a motion, the case could end much sooner.

However, these motions take time to prepare and argue, and the court may take weeks or months to issue a ruling. If the motion is denied, the case proceeds to trial, adding further time to the litigation process.

Trial

If a civil litigation case reaches trial, the timeline can become less predictable. Trials themselves can last anywhere from a few days to several weeks, depending on the complexity of the case, the number of witnesses, and the volume of evidence presented. Delays to the trial itself may come up due to scheduling conflicts, court availability, or unforeseen issues that arise during the trial.

Post-Trial Motions and Appeals

Even after a verdict is reached, either party can file post-trial motions. If one party decides to appeal the decision, it can take months or even years for the appellate court to issue a ruling. Appeals add a considerable amount of time to the litigation process, and in some cases, the case may even be sent back to the trial court for further proceedings.

If you have questions about your civil litigation case, contact Chiariello & Chiariello. Our experienced attorneys can guide you through every step of the process.

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