Breaking Down the Litigation Process

Different Phases of the Litigation Process

If you’re managing an active litigation workflow, you already know how important timing and structure are. Each phase in the process brings its own requirements, from filing and discovery to trial and post-judgment steps.

Knowing what to expect and when can help you stay organized, meet deadlines, and keep your team aligned throughout the case.

1. Pre-Litigation and Case Assessment

Before a lawsuit is filed, there’s often a phase of evaluation and strategy. This stage is essential in civil litigation, especially when dealing with complex matters involving two or more parties, such as partnership disputes, contract breaches, or other forms of business conflict.

During pre-litigation, you’re:

• Gathering facts
• Reviewing litigation documents
• Assessing potential claims or defenses

It also involves determining the likelihood of resolving disputes without court involvement. This may involve internal investigations, settlement discussions, or demand letters aimed at reaching an early resolution.

Clear case assessment at this point helps reduce surprises later. You can identify risks, estimate costs, and determine whether litigation is the right path or if alternative solutions make more sense.

For companies involved in frequent legal disputes, this phase also helps prioritize which matters require immediate legal action versus those that can be managed informally.

2. Filing the Complaint

If informal efforts fail to resolve the dispute, the litigation process begins with the filing of the complaint. This is the formal start of a civil case. The plaintiff files a complaint with the appropriate court, outlining:

• The legal and factual basis for the claim
• The parties involved
• The relief sought

In business litigation, this step is often detailed and technical. You’re not just explaining what happened; you’re setting the tone for how the court will handle the dispute. The court system uses this document to initiate the case and assign deadlines for the defendant’s response.

Filing also triggers procedural steps. The complaint must be served on the opposing party, starting the clock for them to answer or file pre-trial motions such as a motion to dismiss. These motions can delay or narrow the case early on, depending on the strength of the claims.

This step requires careful attention to detail. If you’re involved in a civil case, either as the party filing or responding, accuracy and clarity in the complaint can shape the rest of the matter. It’s the first formal chance to tell the court your side and push the litigation forward.

3. Response and Preliminary Motions

After the complaint is filed and served, the defendant must respond, typically within 20 to 30 days, depending on the court’s rules. This response can take several forms: an answer that admits or denies each allegation, or a preliminary motion challenging the complaint itself.

One common preliminary motion is a motion to dismiss. For example, in a business litigation case, a company might argue that the plaintiff failed to state a legal claim or that the court lacks jurisdiction. If the motion succeeds, parts of the case (or the entire case) may be dismissed before discovery begins.

Filing a strong answer or motion requires analyzing the claims, identifying weaknesses, and deciding whether to contest facts, legal grounds, or both. Strategic use of preliminary motions can limit the scope of litigation early, which can save time and resources.

Even if the motion doesn’t result in dismissal, it sets up important arguments for later phases of the case.

4. Discovery

This is where things get detailed. Discovery is the part of the litigation process where both sides exchange information, legal documents, and evidence related to the case.

If you’re involved in a civil procedure, this stage helps you understand what the other party knows and gives you a chance to build your argument before trial.

The discovery period can last a few weeks or stretch over several months, depending on the complexity of the case. And while it may feel slow at times, this is where the groundwork for your outcome is set.

You’ll likely encounter tools like:

• Interrogatories: Written questions that require sworn answers.
• Requests for production: Document and data requests from the other side.
• Requests for admission: Statements to confirm or dispute.
• Depositions: Sworn testimony recorded before trial.
• Expert witness disclosures: Summaries of expert opinions and qualifications.

A strong discovery strategy helps avoid surprises and clarifies what you’re up against. The more organized and proactive you are here, the more control you’ll have later in the trial process.

5. Pre-Trial

The pre-trial phase sets the stage for what happens in the courtroom. It’s where both sides prepare their arguments, exchange final disclosures, and attempt to narrow the issues before the case moves forward in the legal system.

This period can include:

• Settlement discussions
• Pre-trial motions
• Evidentiary hearings
• Scheduling conferences

In a civil action, this stage often determines how much time a case will take in court, or whether it will even reach trial at all. Many disputes are resolved during this phase through negotiated agreements or rulings that eliminate the need for a full trial.

For example, in a federal court case involving a partnership dispute, the parties might file motions to exclude certain evidence or request summary judgment if they believe the facts are undisputed. If the judge agrees, it could prevent the case from advancing further in the public court system.

Pre-trial activity is a highly formal process governed by strict procedural rules. It also gives both parties a last opportunity to resolve the matter earlier to reduce litigation costs and avoid public exposure in the courtroom.

If resolution isn’t reached, everything that happens here shapes how legal rights will be argued and ultimately decided, before a judge or jury in a higher court.

6. Trial

If no resolution is reached during earlier stages, the case moves to trial. Trial is the most public and structured part of the litigation process. Trials follow strict federal rules or state procedures and can take anywhere from a few days to multiple years.

The trial stage is where the legal system formally hears and resolves disputes. One party presents evidence to support their claims, and the other defends against them. 

In civil litigation, the burden of proof is lower than in criminal cases, and the outcome can be decided by a judge or jury.

Key aspects of the trial include:

• Opening statements from both sides
• Presentation of evidence and examination of witnesses
• Cross-examination by the opposing party
• Closing arguments summarizing each side’s position
• A final decision, either a judge’s ruling or a jury verdict

Although the trial is central to the process of resolving disputes, many civil cases never reach this point. Parties often settle or use alternative dispute resolution methods like mediation or arbitration to avoid the time, cost, and uncertainty of trial.

But when a case proceeds, trial is where each side has a formal chance to argue its case and seek a binding decision.

7. Post-Trial and Appeals

After the trial concludes, the process doesn’t always end there. Post-trial actions and appeals are common, especially in civil litigation involving complex or high-stakes issues.

If one party believes the outcome was flawed due to legal error, jury misconduct, or another issue, they may appeal to a higher court.

Appeals focus on legal issues, not new evidence. The appellate court reviews the trial record and determines whether the law was applied correctly. This part of the litigation process can take anywhere from a few months to several years, depending on the court and the complexity of the case.

Post-trial steps often include:

• Filing motions to alter or set aside the judgment
• Requesting a new trial based on procedural errors
• Preparing an appeal for a higher court to review the case
• Enforcing or collecting the judgment if no appeal is made

For example, a business owner involved in a partnership dispute may appeal a jury verdict if they believe key evidence was wrongly excluded. Even if both parties waive their right to appeal, lawyers often assist with final compliance steps to ensure judgments are enforced.

Like the trial itself, the post-trial phase can be a lengthy process, but it’s essential for protecting legal rights and ensuring fair outcomes.

Simplify the Litigation Process With Briefpoint

You already know the litigation process isn’t light work. From initial case assessments to post-trial motions, it’s a constant stream of documents, deadlines, and decisions. Even if you’ve done it a hundred times, it can still eat up more hours than it should, especially during discovery.

Briefpoint helps you get some of that time back.

Instead of building discovery responses from scratch or toggling between formatting rules, you upload your documents, choose objections, and download clean, court-ready drafts. Just a faster way to move through one of the most time-consuming phases of litigation.

If you’re handling high volumes of cases or want more time to focus on legal strategy, Briefpoint can give you space to do that. It’s designed to support the way you already work, just with fewer delays.

Book a demo and see how much smoother your litigation workflow can run!