When a legal dispute arises between individuals or organizations, it may be resolved through a civil lawsuit. While every case is different, most civil cases follow a predictable sequence from filing to final judgment.
In general, a civil case includes these key steps: complaint filing, service of process, response, discovery, pre-trial motions or settlement, trial, and judgment.
Understanding this process—and how it unfolds in practice—can help law students, professionals, and the general public better navigate civil litigation.
Filing a complaint
A civil case begins when a plaintiff files a complaint (or petition) in court. This document outlines the legal claims, the facts supporting those claims, and the relief being requested—such as monetary damages or specific actions.
While the filing itself is straightforward, the volume and composition of cases can vary significantly by jurisdiction. In 2025, according to data from Trellis, 11,965 labor and employment cases were filed in Los Angeles County, including 4,252 wrongful termination claims, 1,052 discrimination cases, and 833 wage and hour matters.
At that scale, individual cases are not isolated events—they are part of broader litigation patterns. Wrongful termination claims alone account for a substantial portion of filings, highlighting how concentrated litigation risk can be within specific claim types. Understanding how frequently certain claims are filed can help attorneys better assess risk, anticipate opposing strategies, and make more informed decisions from the outset.
Service of process
After the complaint is filed, the defendant must be formally notified. This step, known as service of process, ensures the defendant receives a copy of the complaint and a summons to appear in court.
Although service is procedural, it also determines whether a case will move forward at all. If a defendant fails to respond after being served, the court may enter a default judgment in favor of the plaintiff.
In practice, however, outcomes at this stage vary across courts and judges. For example, in wrongful termination cases before Randolph M. Hammock in Los Angeles County, default judgments account for only a small percentage of outcomes (approximately 2.75%), while the majority of cases are resolved through voluntary dismissal or other early-stage dispositions.
This highlights an important dynamic: while default remains a possible outcome, most cases—even those that do not proceed to full litigation—are resolved through some form of engagement rather than complete non-response.
The defendant’s response
The defendant then has a limited time to respond. This typically involves filing an answer, which addresses each allegation, or submitting a motion to challenge the complaint—most commonly, a demurrer.
While both options move the case forward, they serve very different strategic purposes. An answer joins the issues and allows the case to proceed into discovery, while a demurrer attempts to end the case at the outset by arguing that the complaint is legally insufficient.
In practice, demurrers can be highly effective. In Los Angeles County, for example, demurrers are granted in approximately 52% of cases, with about 45% denied and a small percentage partially granted. This suggests that early-stage challenges to a complaint are often successful, particularly where claims are not clearly supported or properly pleaded.
As a result, the defendant’s initial response is not just procedural—it is a critical strategic decision. Choosing whether to challenge a complaint immediately or proceed into discovery can significantly impact the cost, timing, and trajectory of a case.
Discovery
Discovery is one of the most important stages of a civil case. During this phase, both parties exchange information and evidence, including documents, written questions (interrogatories), and depositions.
While discovery is intended to ensure both sides have access to the relevant facts, in practice it is often a point of contention. Parties frequently disagree over the scope of requests, the adequacy of responses, or whether certain information must be produced.
Court data reflects this dynamic. In Los Angeles County, motions to compel—used to force compliance with discovery obligations—are granted in approximately 74% of cases, with far fewer denied or only partially granted. This suggests that when discovery disputes reach the court, judges are more likely than not to require additional disclosure.
As a result, discovery is not merely an exchange of information, but a contested and court-enforced process that can significantly shape the development and outcome of a case.
Post-discovery motions
Before trial, parties often file motions to resolve key legal issues or potentially end the case altogether. For example, a motion for summary judgment may assert that there are no disputed facts requiring a trial.
While these motions are procedural tools, they also serve as important strategic inflection points. Real-world court data shows that their outcomes are far from predictable. In Los Angeles County, summary judgment is granted in approximately 43% of cases, denied in about 54%, and partially granted in a small percentage of matters.
This distribution highlights a key reality: summary judgment is neither a long shot nor a certainty. Instead, it represents a meaningful—but contested—opportunity to resolve a case before trial. As a result, attorneys must weigh the costs, timing, and likelihood of success carefully when deciding whether to pursue dispositive motions.
Trial
If a case is not resolved earlier, it proceeds to trial. During trial, both sides present evidence and arguments, witnesses testify, and a judge or jury evaluates the case before issuing a decision.
In practice, many cases resolve before reaching this stage. Court data shows that the average time to trial often exceeds the total duration of most cases, indicating that disputes are frequently resolved earlier in the process. In Los Angeles County, the average case is resolved in approximately 549 days, while the average time to trial is closer to 588 days.
This gap becomes even more pronounced in specific practice areas. In labor and employment cases, the average case resolves in about 453 days, while the average time to trial extends to roughly 590 days. This suggests that a significant portion of cases conclude well before trial, often after key developments in discovery or motion practice.
As a result, trial is best understood not as the typical path of litigation, but as the endpoint for a smaller subset of cases that are not resolved earlier in the process.
Judgment
After a case is resolved—whether through trial, motion, or settlement—the court enters a judgment. This is the formal record of the outcome and determines any remedies awarded.
Importantly, a judgment does not always follow a trial. In many cases, it reflects a resolution reached earlier in the litigation process, such as a dismissal, default, or other disposition.
If a party believes a legal error occurred, they may appeal the decision to a higher court. The appellate court reviews the case for legal issues but does not retry the facts.
Concluding thoughts
While the civil litigation process follows a predictable structure, real-world data shows that outcomes and timelines can vary significantly depending on how each stage unfolds. From early motions to discovery disputes and pre-trial resolution, most cases are shaped long before trial becomes a realistic possibility.
Understanding these patterns allows attorneys to move beyond procedure and make more informed strategic decisions at every stage of a case.
