CIVIL LITIGATION TIMELINE BASICS
The material below is for basic informational purposes only.
CONFLICT
CASE ASSESSMENT
Initial Meeting
Don’t Forget to review Statute of Limitation
Client Questionnaire
Sign up for Sample Questionnaires
Make Sure Case has damages and remedies (equitable or otherwise, even if nominal).
PRE-LITIGATION Discovery
Some Statutes may be in place to allow you to gain documents for early case assessment prior to filing suit, such as FDCPA Debt Validation request, or RESPA Qualified Written Request, etc.
EARLY NEGOTIATIONS AND SETTLEMENT
Demand Letter
Response or No Response To Demand Letter
Pretrial Settlement
COMPLAINT FILED
FILE LAWSUIT
List Proper Causes of Action
Make sure pleading presents enough evidence/facts to prove each element of each cause of action
SERVICES OF PROCESS
SEND OPPOSING COUNSEL/PARTY YOUR INVOICES AND REQUEST SETTLEMENT
Throughout a Lawsuit send opposing counsel/party your invoices reflecting current cost of litigation on your side and request settlement so as not to incur more costs. This helps preserve your attorney’s fees if you go to trial by showing the judge that you reasonably informed the other side of increasing costs and made numerous attempts to settle. Be sure not to disclose confidential information or attorney-client privileged information in your invoices.
PRE-ANSWER MOTIONS (OPTIONAL)
Demurrer
Motion to Dismiss
Motion to Strike
Removal to Federal Court and/or Remand back to State Court (may occur at any time, but usually happens here)
ANSWER and/or AFFIRMATIVE DEFENSES (REQUIRED)
Answer
Admit Certain Facts
General Denial
Specific Denial
Qualified Denial – A Combination of General and Specific Denials
Sample Affirmative Defenses:
Accord and Satisfaction
Arbitration and Award
Assumption of Risk
Comparative Fault Doctrine
Consent
Discharge in Bankruptcy
Duress
Estoppel
Releases
Statute of Limitations
Statute of Repose
Waiver
Sample Procedural Affirmative Defenses
Res Judicata
Collateral Estoppel
Insufficiency of Process
Absence of Necessary Party
If No Answer or Affirmative Defenses given timely file for Default against Defendant.
POST-ANSWER MOTIONS (OPTIONAL)
Judgment on the Pleadings
Summary Judgment
DISCOVERY (OPTIONAL)
Exchange of Interrogatories
Request for Production of Documents
Request for Admissions
Subpoenas
Expert Witnesses Interviews
Computer Forensics
Translation of Documents
Court Reporting
Depositions
PRE-TRIAL PREPARATIONS
Depositions Abstracted
Witnesses Contacted
Demonstrative Evidence is Prepared
Trial Exhibit Labeling
PRE-TRIAL MOTIONS
Motion To Sever Or Bifurcate
Motions To Consolidate Or Coordinate
Motions For Judgment On The Pleadings (see Post-Answer Motions)
Motion for Summary Judgment (see Post-Answer Motions)
Motions To Amend Pleadings
Motions To Disqualify Opposing Counsel
Motions For The Exclusion Of Witnesses From The Courtroom
Motions To Exclude Spectators
Motions For Voluntary Dismissal
Motions In Limine
TRIAL
Jury Selection
Trial
Opening Statements From Both Parties
Plaintiff Presents its Case First
Defendant Presents its side of the Case
Trial Begins
Direct Examination
Cross-Examination
Call Expert Witnesses
Motions During Trial
Motion for Directed Verdict (also called Judgment as a Matter of Law)
Motion for Mistrial
Motion for Nonsuit
Motion for Voluntary Dismissal
Motion To Amend Pleadings To Conform To Proof
Motion To Reopen Case In Chief
Motion for Recess Or Continuance Of Trial
Contempt Proceedings
Plaintiff Rebuttal
Defendant Rebuttal
Closing Arguments
Jury Instructions
Jury Deliberations
Judgment
POST-TRIAL MOTIONS
Motion for Judgment Notwithstanding the Verdict (Judgment as a Matter of Law)
Motion for a New Trial
Motion to Vacate Judgment
Motion to Correct Judgment for Clerical Error
Motion to Set Aside VOID Judgment
Motion for Relief From Judgment
Motion for Stay of Enforcement of Judgment
Motion For Additur (to increase the amount of damages)
Motion For Remittitur (to lower the amount of damages)
Motion For Amending Findings of Fact
Motion For Amended Conclusions of Law
Final Judgment
APPEAL