Before you file: limitation periods
Every claim has a deadline. Limitation periods (statutes of limitations) are set by legislation, vary by jurisdiction and claim type, and are applied strictly — miss one and an otherwise strong claim can be barred entirely.
The clock usually starts when the claim was discovered, not necessarily when the events happened, but do not rely on that. The practical rule is simple: get advice as soon as you think you may have a claim.
Pleadings: framing the dispute
The plaintiff files a claim setting out the allegations and what they want. The defendant files a defence, and may add a counterclaim against the plaintiff or bring in third parties.
Response deadlines are short and enforced. A defendant who fails to respond in time risks default judgment — losing without the merits ever being argued. This is the most common self-inflicted loss in civil litigation.
Discovery: where cases are won, lost, and settled
Both sides must disclose relevant documents and answer questions — through document production, written questions, and oral examination (depositions in the US, discoveries or examinations in Canada).
This is typically the longest and most expensive phase, and it is where most cases settle: once each side has seen the other's evidence, the realistic range of outcomes narrows considerably. Preserve relevant records as soon as a dispute is foreseeable; destroying them afterward carries serious consequences.
Motions, settlement, and trial
Along the way, either side can bring motions — to dismiss a claim, to compel disclosure, or for summary judgment where there is no genuine issue requiring a trial. Many jurisdictions also require or strongly encourage mediation.
If the case does not resolve, it proceeds to trial and judgment, which can be appealed on limited grounds. Costs are a live consideration throughout: in Canada and much of the Commonwealth the losing party typically pays a portion of the winner's legal costs, while the US generally follows the rule that each side bears its own — a difference that materially changes settlement strategy.
Frequently asked questions
- How long does a civil lawsuit take?
- It varies widely. A straightforward matter may resolve in months; contested cases commonly take a year or more, and complex commercial disputes longer, because discovery and court scheduling dominate the timeline.
- Do most cases go to trial?
- No. The large majority settle — frequently after discovery, when both sides can assess the evidence realistically. Trials are the exception, not the norm.
- What happens if I miss the response deadline?
- The other side can seek default judgment, which is enforceable against your assets. It can sometimes be set aside, but that is harder and more expensive than responding on time.
- Will I have to pay the other side's legal fees if I lose?
- In Canada and similar systems, often a portion of them. In the US, the general rule is that each party bears its own costs unless a statute or contract says otherwise.
- What is summary judgment?
- A motion asking the court to decide all or part of a case without a full trial, on the basis that there is no genuine issue requiring one. It can shorten proceedings substantially.
This guide is general information, not legal advice. Laws, costs, and procedures vary by state, province, and your specific situation — speak with a qualified civil litigation lawyer about your circumstances before acting.