Timeline of a Legal Case: What is a legal case timeline?
The legal case timeline is an essential tool for both clients and attorneys alike. For clients, a well-defined timeline provides a clear understanding of the stages involved, the expected duration of each stage, and a realistic expectation of the end result. For attorneys, the timeline serves as a plan of action, a way to properly allocate resources, and an invaluable communication tool with clients and other parties involved.
Understanding legal case timelines is important because many cases, regardless of the type—be it family law, criminal, civil , or otherwise—can extend over the course of several months to years. Because many people have no experience with the legal process, understanding the timeline—or progression—of their cases can help instill confidence and avoid any unpleasant surprises. Likewise, attorneys who are well versed in the timelines of the cases they handle can better prepare their clients regarding what to expect and when.
In this series of articles, we’ll further explore some of the most common types of legal case timelines and what clients and attorneys can expect at each step of the way, as well as offering suggestions and guidance on how to prepare for the next stages.
The filing of the Complaint (aka the initial lawsuit)
The initial step in a legal case timeline is filing a lawsuit or petition with the appropriate court. This action is what essentially starts everything off; the relief being requested through a lawsuit is what the judge will ultimately decide upon. If no lawsuit is ever filed, then the case will never go anywhere, and nothing will ever change. For example, in getting a divorce, you can try to resolve everything privately between you and your spouse, but if that doesn’t work, then the only option you have at that point is for you to file a lawsuit and let the court adjudicate any contested issues. The documents filed with the court will include your petition for what you are asking, such as a divorce or a lawsuit against someone, along with the information from each side about the history of the case. The other party will then file an answer to your petition, or whatever it is that you ask for initially, and from there an exchange of information will happen where both sides can start preparing strategies and evidence for the case while the pleadings are filed and the dispute between the parties begins in earnest.
Service of the Complaint
"Service of Process" refers to the formal procedure of delivering legal documents to a defendant or respondent to give them notice of a legal action involving them such as a lawsuit or traffic ticket. In criminal cases, service and above all personal delivery is often completed by a uniformed police officer or sheriff’s deputy. While in civil or family law matters, attorneys often request the sheriff’s department or retain a private process server to serve documents.
In most areas, a plaintiff or petitioner cannot simply mail in or hand-in documents to the Clerk of Court in lieu of personally serving the opposing party. Parties can involve a third-party to serve the documents, but particularly in family law matters, some judges want to ensure that the documents were delivered at the rightful location, at the rightful time (usually no less than 4 days from when the other party receives the notice of the hearing) and to the right party persons. A judge may require sparate motions be filed for protective orders and domestic violence restraining orders.
In July of 2019, the Judge’s Association proposed to allow electronic service via Gordon County e-Filing, and mandatory, general service to attorneys and representatives; it was approved in March.
In some situations, service can be performed on third parties such as at the last known place of abode or at their work.
Common errors, which may create more significant problems, include: lack of sufficient proof, incorrect dates on documents, the wrong recipient of the summons, failure to include the lawsuit’s case number, incorrect address, and issues of missed time deadlines.
Pleadings (i.e. the initial phase of the litigation after service)
The pleadings stage is the second phase of a lawsuit, in which the parties exchange complaints, answers, and possibly counterclaims. The pleadings stage is the first fairly well defined phase that your case will go through (it is preceded by the initial pleading called the complaint, and it is followed by the law and motion stage). The pleadings phase shapes the issues in your case by allowing the parties to lay out their positions. The plaintiff in a lawsuit initiates the pleadings stage by filing an answer to a complaint. The answer typically includes counterclaims against the defendant, any affirmative defenses that the defendant may have, and a response to any cross complaints that the defendant has filed. An affirmative defense is a fact that overcomes the issue raised in the claim, such as the statute of limitations. A counterclaim is when the defendant files a complaint against the plaintiff. The defendant then has a certain number of days to file its answer to the counterclaims (this may vary by type of case), and to respond to any cross complaints (this generally occurs 30 days after service of the cross complaint). After that point, everything in the pleadings has to be in order for the next step in the process, which is the law and motion stage. While the court will certainly allow a reasonable period to get everything filed, this stage of the litigation does have deadlines. In addition, it is considered bad form not to file a proper response, and can result in you losing your right to raise the argument that you did not make in response to a claim, or allowing someone to raise a new claim against you.
Discovery
Discovery is a formal process of obtaining and exchanging information that is used in most civil litigation matters. Broadly speaking, discovery can take on two forms; informal and formal. Informal discovery happens outside the courts and involves a party requesting and the other party voluntarily supplying information, while formal discovery can involve the use of formal discovery tools and a request for the court’s assistance in compelling production from another party or a third-party witness.
The formal discovery methods most commonly used include:
The eye-watering complexity of discovery rules makes pre-litigation investigation and preparation absolutely critical to a successful outcome in your case. Remember, ignorance and lack of knowledge is not bliss when it comes to the discovery process. While your attorney will know how to introduce and argue for the admissibility of evidence in court, you as the layperson must understand that the judge will not allow evidence to be considered if it was not introduced into the case previously through discovery.
In many cases the evidence you are trying to introduce might be withheld by the other side or may be in the possession of a third-party which makes it impossible for you to get it, unless you know how the rules of discovery work and how to enforce them. This is an essential reason why you should speak with a trusted attorney at an early stage of your case, so that you may gain the knowledge that enables you to act in a timely fashion to maximize your recovery in your case.
Pre-trial Motions and Hearings
Once all the applicable motions and discovery issues have been resolved, the case moves into the next phase, pre-trial conferences and hearings. The purpose of the pre-trial is to facilitate trial preparation and efficiency.
Pre-trials may be scheduled months in advance of trial and are often held in front of an administrative judge. A conference may entail the participation of each of the parties, or their counsel. It provides the parties, through their lawyers, the opportunity to: Some jurisdictions require pre-trial conferences. Others make them mandatory in those cases involving issues of custody, parenting time and overnight stays. Certain counties require a pre-trial memorandum to be filed.
Pre-trial orders are common. Restitution is often ordered as part of the pre-trial order requiring a restitution report to be provided to the prosecutor and the court before the scheduled trial date.
Pre-trials can sometimes result in the dismissal of criminal charges or the plea of guilty on lesser offenses . Resolution of the case at this stage can save the parties from the ordeal of going through a trial when there’s a reasonable prospect that the case can be disposed of. There are very few instances when a case is resolved at the pre-trial hearing without some form of plea agreement. Typically, there will be a contest on the issues that may lead to the creation of a final order, trial stipulations or stipulations of facts.
Pursuant to Rule 3:9-1, a pre-trial conference "to dispose of any undisposed of matter in the case." During the pre-trial, the trial judge may make rulings on issues that were the subject of motions filed and decided by the trial judge. Legal questions and factual questions may be resolved at the pre-trial stage.
Some of the motions that are appropriate for consideration during the pre-trial conference are: While there can be many pre-trial conferences; the following are the major ones:
Settlement
Settlement negotions
Now that the pleadings have been closed and discovery is in full swing, the parties typically wait until they have all of the information they need to make an intelligent decision regarding settlement before approaching the Court to arrange for mediation. Each case is different, but typically, the most helpful information is obtained through written discovery and depositions.
Usually, the parties will not approach the Court regarding mediation until after they have taken depositions of the parties and non-party witnesses and have received all of the documents the other side has agreed to produce in response to the other side’s document request. Particularly in a business dispute or a personal injury case, there are often hundreds of thousands of pages of documents to sift through, and that takes time. Likewise, depositions continue for weeks or even months. During the second half of discovery, parties will tailor their written discovery requests based on what they learned from the first and second round of production from the other side and the depositions they have taken up to that point.
Once the parties have all of the information they need, they will generally file a Joint Request with the Court seeking to set the case for mediation. Parties often agree to attend mediation or a Settlement Conference with a retired Judge before the assigned Judge or a Court-appointed Special Master. Mediation is often held at the mediator’s office, or the parties may agree to hold mediation in a neutral setting in the mediator’s geographic area. The parties will agree or the Court will appoint the mediator, and the mediator’s fees are generally split by the parties. Parties may agree to attend either one joint session or two separate sessions with the mediator, or some combination of the two with the mediator speaking directly with each side.
Parties often wait until very close to trial to engage in settlement discussions because there are many factors that can influence the settlement process, including the progression of the litigation, withdrawal and/or substitution of counsel, costs, as well as the likelihood that the result obtained through trial would be more favorable than what the other side has offered to settle. Some clients may not want to settle, as they may wish to proceed to trial to prove their point. Others may have discovered material evidence that might settle the case once it is uncovered. Still others may simply refuse to settle on principal.
Either way, a case will be considered settled once a complete settlement agreement is signed by both parties, setting forth the terms pursuant to which the case will be dismissed, and outlining the terms of settlement that all parties have agreed to. Settlement might include the payment of money in a personal injury case or the payment of certain sums to the opposing party in a business litigation case. In some cases, parties agree to exchange items or property. Once the settlement agreement is signed, the case can then be dismissed by filing the appropriate documents with the Court.
Trial
If the case does not settle, it will be set for trial. (There is a difference between the expedite proceeding and the final hearing. As explained above, I only try expedite proceedings.) The first step in the trial phase is jury selection (sometimes called "voir dire"). If the case involves issues of custody, the client and his/her spouse may have already agreed on a parenting plan for the children. If the parties cannot agree, the Court may appoint a Parenting Coordinator prior to trial. Assuming the case involves no minor children, the judge, any necessary court personnel, and the parties will be present in the courtroom on the day set for trial. The judge may or may not enter an Order prepared by one of the lawyers to address any procedural matters about which the lawyers did not agree upon. Then, the judge will select a jury from the first row of jurors. The judge may do this by the individual asking each juror questions or will ask the jurors to respond to specific written questions. The person who files the case is called the "petitioner" and the other person is called the "respondent." The parties take turns giving the Judge and jury an overview of their positions using any exhibits that the parties have agreed upon and which the judge has entered as evidence. If the parties cannot agree upon the admissibility of an exhibit, the judge will rule on its admissibility. After each party presents their case in this manner, the parties will then each present witnesses on direct examination. Generally, the person calling the witness will ask the witness a few open-ended questions about background (such as where they live, where they work, whether they have ever used drugs and/or consumed alcohol), and then the person calling the witness will ask leading questions to guide them through the part of the case about which they are knowledgeable. Generally, the first witness is the person who filed the case (the petitioner). After that person testifies, they become subject to cross-examination by the other party’s lawyer (known as "the opposition"). This generally will involve leading questions. After the petitioner’s witnesses have testified and the other party has completed their cross-examination, the parties will each present closing arguments as to why their side should win. Next, the jury will be charged with rendering a verdict. After the jury returns its verdict, the judge will enter an Order to govern the parties’ relationship going forward.
Verdict and judgment
At this stage of the case is when the parties receive their final disposition from the judge. In most civil cases, there is no jury and therefore the judge makes the binding decision that is either a judgment, or a verdict. It is very rare that the case would go to a jury, but there are some aspects of a civil case that can result in a jury being involved.
When there is a jury, at the conclusion of the case, the jury goes behind closed doors to discuss the case. When they reach a decision, then the members of the jury inform the judge, who then calls everyone back into the courtroom to announce the decision. A jury is sometimes used in cases that are more equitable in nature, or where there is a great deal of dispute over the facts in question. For the most part, a judge just decides the case. This is the case in small claims and traffic court cases as well.
Once the judge has reached a decision, the judge will then prepare a written decision. The decision does not have to be given on the spot in the courtroom, but there must be a written decision within 30 days. That decision must then be filed with the clerk of courts office. Once it is filed it becomes public record and anyone can obtain a copy.
By the terms of the decision, there are a few different possibilities. Sometimes the case can be dismissed. If the action is dismissed, it means that the suit will not be allowed to move forward. In the case of a plaintiff, it means the case is over and he or she cannot come back and sue the defendant on the same issue again. If the decision is in favor of the defendant, the case is over. There is some instance where the decision can be split, with only part of the decision being in favor of the defendant.
A judgment is an official decision on the rights and liabilities of parties in a court. It can be by the court or by a jury. It is the formal expression of opinion made by the court at the times of the trial, written in the judge’s book and entered on the records of the court. A judgment establishes the decisions made so the parties are bound by its result.
A verdict is usually rendered by a jury and is official declaration in a court of law because each juror has signed the verdict form which was approved by the court. Unlike a judgment, the verdict may or may not actually be recorded and published by the court.
Post-trial motions and appeals
Once a trial concludes, there are several post-trial motions that can be filed. Most commonly, clients will hear from their lawyer about filing a motion for judgment notwithstanding the verdict (JNOV) or a motion to alter or amend the judgment (also known as a post-trial motion). These types of motions assert that even if the verdict was proper, the jury’s damage award was improper. The motions typically request the court enter a new judgment with a new damage award.
If the motion for judgment notwithstanding the verdict and/or motion to alter or amend the judgment are denied, clients may want to file a notice of appeal. Filing a notice of appeal lets the court know that the party plans on appealing the case. While the appeal may not be prepared and filed for months after the appeal is filed, there will be an notion on appeal on file with the court for the record . In an appeal, the Court of Appeals or Supreme Court can consider "preserved" issues of law that are either raised in the notice of appeal or assigned in the brief on appeal. If a party does not appeal an issue, it is not preserved for appeal. An issue is assigned in the brief on appeal by presenting argument in the brief. A part fails to preserve an issue for appeal by simply referencing it in the notice of appeal or brief. A party is required to file a transcript with the Court. If neither party requests a transcript, a report of proceedings will be filed in the record on appeal without testimony or evidence. Filing an agreed statement of the case in lieu of a transcript is permitted, but not common. Typically, if there are disputed facts, the parties will need to refer to a transcript.
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