You've Been Served: What to Expect During Civil Litigation: A Guide to the Lawsuit Process
When a lawsuit is filed against you, the experience can feel overwhelming and stressful. Being served with legal papers is the first step in a structured legal path that follows specific rules.
At Van Matre Law Firm, P.C., serving Columbia and Jefferson City, Missouri, we understand how important it is to have clear information about the civil litigation process. Knowing what to expect can help you prepare for the stages ahead and give you more confidence in addressing the matter effectively.
What It Means to Be Served
When you’re served with a lawsuit, it means that the legal process has officially started. Service of process is the formal delivery of legal documents, typically a summons and a complaint, that notify you of the claims being made and your obligation to respond.
These documents will identify who is suing you, what the claims are, and what time limits you have for filing a response.
The importance of being served is that it establishes your awareness of the case and your duty to participate in it. Ignoring the documents won’t make the case go away—failing to respond can lead to a default judgment, which often means losing the case without ever having your side heard.
Responding to the Complaint
After being served, your next step is to provide a formal response. This is typically done through a written answer filed with the court within the required deadline. The answer addresses each claim in the complaint, either admitting, denying, or stating that you don’t have enough information to respond.
Filing an answer preserves your right to defend yourself during the litigation process. It also provides an opportunity to raise defenses or even file counterclaims if you believe the other party has legal responsibility. Our firm assists clients by carefully preparing these documents so they comply with court rules and present the strongest defense possible.
The Discovery Phase
After the initial filings, the case moves into discovery. This stage allows both sides to exchange information and gather evidence, which helps build a clear picture of the issues at hand. Discovery can take several forms and may extend over months, depending on the case:
Interrogatories: Written questions that one side sends to the other, which must be answered under oath.
Requests for documents: Formal requests for relevant documents such as contracts, emails, or financial records.
Depositions: In-person questioning of witnesses or parties under oath, with a court reporter present.
Requests for admissions: Statements sent to the other side asking them to admit or deny certain facts.
The discovery process plays a crucial role in civil litigation because it allows both sides to evaluate the strength of their positions. By thoroughly reviewing evidence, we help clients prepare for settlement discussions or trial with a clear understanding of the facts.
Motions and Pretrial Proceedings
Not every case goes straight to trial after discovery. Often, there are motions and hearings that happen before the trial date. These pretrial steps can significantly affect the course of the case and may even resolve it entirely:
Motions to dismiss: Requests asking the court to dismiss part or all of the case for legal reasons.
Motions for summary judgment: Requests asking the court to rule in one party’s favor because the evidence shows there’s no real dispute of fact.
Pretrial conferences: Meetings between the judge and lawyers to narrow down the issues, set schedules, and discuss settlement.
Pretrial proceedings give both sides opportunities to resolve the case earlier and avoid the time and expense of trial. They also help focus the issues so that, if a trial is necessary, it’s efficient and targeted.
Going to Trial
If settlement doesn’t occur, the case proceeds to trial. During trial, both sides present their evidence and arguments to a judge or jury. This is the stage where witnesses are examined, documents are presented, and each party has the chance to tell their story in full.
A trial typically follows a structured order, beginning with opening statements, moving through the presentation of evidence, and ending with closing arguments.
Afterward, the judge or jury delivers a verdict. While trial may seem like the most dramatic part of civil litigation, it’s actually only one part of a much larger process that includes all the preparation and filings leading up to it.
The Appeals Process
Sometimes, one side may disagree with the outcome of a trial and decide to appeal. An appeal isn’t a new trial—it’s a request for a higher court to review the lower court’s decision to determine if legal errors occurred. Appeals are based on the record of what happened in the original case, not on new evidence or witnesses.
The appeals process can extend the timeline of a case significantly, but it can also be an important safeguard to protect your rights if mistakes were made in the original proceedings. Our firm evaluates each situation carefully to determine whether an appeal is in a client’s best interest.
How Evidence Factors In
Evidence plays a central role in determining the outcome of civil litigation. Courts require reliable information to decide whether the claims made by either party are valid.
This means that both sides must present proof that supports their arguments, and the quality of this evidence often shapes the strength of a case. Evidence may come in many forms, each serving a unique purpose in building a legal argument:
Documentary evidence: Written contracts, emails, letters, or business records that provide details about agreements or disputes.
Physical evidence: Tangible items, such as damaged property, photographs, or products involved in the dispute.
Testimonial evidence: Statements given under oath by witnesses, including those directly involved in the events.
Knowledgeable testimony: Opinions offered by professionals with knowledge in areas like medicine, engineering, or accounting to explain technical issues.
Digital evidence: Electronic records such as text messages, social media posts, or computer files that are relevant to the case.
Properly gathering and presenting evidence requires careful attention to rules about admissibility and reliability. If evidence is mishandled or not submitted correctly, it may be excluded from consideration. Because the court’s decision relies so heavily on this information, managing evidence effectively is one of the most critical parts of civil litigation.
Settlements and Alternative Resolutions
It’s important to note that many civil litigation cases never reach trial because they’re resolved through settlement. Settlement involves negotiating an agreement between both sides to resolve the case without continuing to court. These agreements can happen at any point, from the beginning of a case to right before a verdict is reached.
Settlements often provide more certainty and control over the outcome than trial does. In addition, they can save time, reduce costs, and avoid the stress of prolonged litigation. Alternative resolution methods, such as mediation, are sometimes used to help both sides reach a fair agreement outside of the courtroom.
How Legal Representation Help the Process
Civil litigation involves a variety of rules, deadlines, and procedures that can be difficult to manage without guidance. Having legal representation helps keep the process organized and assures that required filings, evidence, and responses are handled correctly.
From the moment you’re served, a lawyer can explain what the documents mean and advise you on how to respond in a way that protects your rights.
Representation is also valuable throughout the later stages of the lawsuit. Lawyers assist with discovery by gathering and analyzing evidence, prepare motions that could resolve or narrow the case, and present arguments effectively in hearings or trial.
Even when settlement is possible, a lawyer can provide advice on whether an agreement is fair and how it might affect you long term. This support helps make the litigation process more manageable and allows you to focus on the decisions that matter most.
Contact Us Today
If you’ve been served with a lawsuit, you don’t have to face the civil litigation process on your own. The lawyers at Van Matre Law Firm, P.C. in Columbia and Jefferson City, Missouri, are here to guide you through every stage, from responding to the complaint to pursuing settlement or trial. Contact us today to discuss your case.
