Many of the most important developments in civil litigation happen before a case ever reaches a courtroom, through procedures such as filing requirements, service of process, discovery, motions, and evidence gathering.
Courtroom trials tend to receive the most public attention, but they represent only a small part of the legal process.
According to The Pew Charitable Trusts, state courts handle approximately 66 million cases each year across a wide range of legal matters. These courts hear the vast majority of cases filed in the United States, making them the setting for many of the civil disputes.
Much of civil litigation unfolds behind the scenes, rather than in dramatic courtroom arguments.
What Is the Difference Between Civil Litigation and Criminal Cases?
Civil litigation and criminal cases both move through the court system, but they serve different purposes.
A criminal case involves allegations that a law has been violated and is typically brought by a government prosecutor. Penalties may include fines, probation, or incarceration.
On the other hand, civil litigation generally involves disputes between individuals, businesses, or organizations seeking monetary compensation, a court order, or another legal remedy.
Service of Process Plays a Critical Role
A lawsuit cannot move forward until the appropriate parties receive proper legal notice.
Service of process helps ensure that individuals and organizations are informed when legal action affects them. Courts generally require specific procedures to be followed so that parties have an opportunity to respond within established deadlines.
Discovery Is Often the Longest Phase
Discovery is where much of the information-gathering takes place.
During discovery, parties exchange information relevant to the dispute. This process can include:
Document requests
Written questions known as interrogatories
Requests for admissions
Inspections of relevant property or evidence
The process allows both sides to examine the facts, evaluate evidence, and better understand the issues at the center of the dispute.
Some Cases Require Interstate Legal Procedures
Civil disputes do not always remain within a single state.
Businesses, witnesses, records, and evidence may be located in different jurisdictions, creating additional procedural requirements. Attorneys sometimes need to follow specific processes when seeking information or testimony across state lines.
For example, legal professionals may need to domesticate a subpoena in Florida when attempting to enforce certain out-of-state discovery requests under applicable procedures.
Different jurisdictions have different requirements, making compliance an important part of the process.
Motions Can Shape the Direction of a Case
Not every legal dispute moves directly toward trial.
Attorneys frequently file motions asking the court to resolve procedural issues, limit evidence, compel discovery responses, or address legal questions before a trial occurs. Some motions can significantly narrow the issues in dispute, while others may result in portions of a case being resolved before trial becomes necessary.
Important developments frequently occur through written filings and court rulings long before anyone steps into a courtroom.
Behind-the-Scenes Procedures Drive Civil Litigation
Courtroom proceedings may attract the most attention, but civil litigation is largely built on the procedural work that happens beforehand. Deadlines, discovery requests, motions, service requirements, and jurisdictional rules all play a role in moving a case forward.
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