CIVIL LITIGATION CASE ROADMAP

1. Pre-Litigation Strategy and Demand
What Happens:

• We investigate the facts and assess legal claims or defenses

• A formal demand letter is often sent to attempt early resolution

• Many cases resolve before a lawsuit is even filed

2. Filing the Complaint
What Happens:

• A civil complaint is filed in court, outlining the legal claims

• The defendant is formally served with the complaint and a summons

• This starts the litigation clock

3. Response and Case Management
What Happens:

• Defendant files an Answer or Demurrer (typically within 30 days)

• The court sets deadlines and a Case Management Conference (CMC)

  • The CMC will only be held once all parties to the complaint have either filed their appearance or been defaulted for failing to appear after being given notice. 
  • At the CMC, the Court will set a trial date as well as deadlines for exchange of evidence, disclosing expert witnesses, filing motions.
  • The trial date set at the CMC often (but not always) gets moved at least once, later on in the course of litigation.


• Parties begin planning discovery and motion strategy

4. Discovery Phase
What Happens:

• Both sides exchange documents and written questions. 
• Most common forms of written discovery demands are:

  • Form Interrogatories
  • Special Interrogatories
  • Requests for Admissions
  • Requests for Production of Documents


• Depositions are taken under oath

• Subpoenas may be issued to third parties

• Discovery can take several months

5. Motion Practice
What Happens:

• Parties may file motions to resolve legal issues before trial

• Common motions: demurrers, motions to compel, motions for summary judgment / summary adjudication

  • If a party is successful on Summary Judgment, the entire case is concluded
  • If a party is successful on Summary Adjudication, part of the case is deemed concluded, and litigation only proceeds on the other issues


• A favorable ruling may result in dismissal or settlement leverage

6. Mediation or Settlement Conference
What Happens:

• The court may order, or the parties may agree to, mediation

  • Parties often attempt mediation since it is drastically less expensive than prolonged litigation and trial 


  • At mediation, the parties and mediator all meet at one location and are separated into different rooms. The mediator will bounce back and forth between the parties, hearing out the strengths and weaknesses of their cases and help push the parties toward a resolution. If an agreement can be reached, the mediator will assist in drawing up the settlement agreement. If no agreement can be reached, the mediation will terminate and litigation will resume.


• A neutral third party helps explore settlement options

• Many civil cases settle before trial at this stage

7. Trial
What Happens:

• If no settlement is reached, the case proceeds to trial

• Evidence, witness testimony, and arguments are presented

• The judge or jury issues a final ruling

8. Post-Trial Motions and Appeals

What Happens:

• Either side may file motions to challenge the verdict or reduce damages

• If errors occurred, an appeal may be filed

• We advise on judgment enforcement or appeal strategy