What to Expect When You're Sued (or Suing): A Brief Litigation Timeline

Whether you are filing a lawsuit or defending one, the legal process can seem unfamiliar and overwhelming. While each case is different, most civil lawsuits follow a general timeline. Here is a brief overview of the key stages:

1)  Before the Case Starts: Many disputes begin with a demand letter or informal settlement talks. It is often helpful to speak with a lawyer early to protect your interests.

2) Filing the Complaint: A lawsuit begins when the plaintiff files a complaint in court. The defendant must be formally served with the papers.

3) Responding to the Complaint: In New Jersey, the defendant usually has 35 days after being served to respond. This can include filing an answer to the complaint, raising defenses, making a motion to dismiss, or filing a counterclaim against the plaintiff.

4) Discovery: Both sides exchange documents, take depositions, and ask written questions. This phase is focused on gathering evidence.

5) Motions: Parties may file motions to narrow the issues or try to resolve the case without a trial.

6) Settlement or Mediation: Most cases settle before trial. Courts often encourage both sides to try resolving the dispute during this stage.

7) Trial: If no settlement is reached, the case goes to trial. Trials vary in length depending on the complexity of the case.

8) After Trial: There may be post-trial motions or an appeal if either side believes the court made a legal error.

Conclusion: Litigation takes time and involves many steps. If you are involved in a dispute or think one may be developing, speaking with an experienced attorney early can make a significant difference. Feel free to contact our office to discuss your situation and learn how we can help guide you through the process.