United States
The litigation process is broadly similar across state and federal courts. Individual litigants may be represented by counsel or can choose to represent themselves (these self-represented individuals are referred to as “pro se”). Corporations are generally required to retain an attorney to represent them. In federal court and in most states, proceedings are initiated by a complaint, which is the initial document filed with the U.S. District Court or the state trial court that outlines the factual basis of the lawsuit and the relief the plaintiff seeks. Some states permit a plaintiff to commence a suit by requesting issuance of a summons without filing a complaint, although even in those jurisdictions a complaint must be filed after the summons is issued.
The summons and a copy of the complaint must then be served on the defendant. The period for service varies by jurisdiction but is typically between 30 and 90 days after the complaint was filed. Proof of service must be filed with the court (usually the person who served the document would sign an affidavit) unless the defendant waives such service requirements. Absent a good reason, the court will dismiss the action if the summons is not served on the defendant within the applicable timeframe.
There is generally no requirement in United States courts that a plaintiff provides pre-suit notice or that parties must attempt to resolve their dispute before an action is filed. Defendants have the right to file a motion to dismiss the complaint on various procedural grounds, including lack of personal jurisdiction over the defendant, lack of subject matter jurisdiction by the court, improper service or venue, or failure to state a valid legal claim. Timeframes for filing such motions vary among jurisdictions but are typically between 21 and 60 days.
If no motion to dismiss is filed or if the court denies the motion, the defendant must file an answer to the complaint (typically within 14 to 30 days depending on the jurisdiction). In the answer, the defendants may assert affirmative defenses and counterclaims against the plaintiff, allege cross-claims against another defendant, or join additional parties. Once an answer is filed, parties typically begin the discovery process.
Timeframes for discovery vary greatly depending on the complexity of the case and the case management preferences of the assigned judge and may range from a few months for simple matters to a year or more for complex ones.
Once discovery is completed, any party may file a motion for summary judgment, asking the court to enter judgment in that party’s favor based on the undisputed facts of record or a legal question that is dispositive of the case. If no motion for summary judgment is filed or if the court denies the motion, the case is scheduled for trial. Notably, many courts will strongly encourage or order the parties to participate in some form of alternative dispute resolution (for example, mediation) at some point prior to trial.
Cases typically proceed from filing to trial in two to three years, though longer timeframes may be granted for complex matters.