A civil lawsuit follows a set path. Knowing the stages helps you read any case, because every appellate opinion says at which stage the case left the trial court and that tells you what was decided. Recall the difference between civil and criminal cases.
Key idea
A civil case moves from complaint and answer through motions to dismiss, discovery and summary judgment to trial, verdict, judgment and appeal. Most cases never reach trial: they settle, are dismissed, or are decided on motions.
| Stage | What happens |
|---|---|
| Pleadings | The plaintiff's complaint states the claims; the defendant files an answer admitting or denying them, or a motion to dismiss, for example for failure to state a claim: even if every fact alleged were true, the law gives no remedy. |
| Discovery | Each side gets evidence from the other: documents, written questions (interrogatories) and depositions (questioning under oath). |
| Summary judgment | A party asks the judge to decide without trial because there is no genuine dispute about any material fact and it is entitled to judgment as a matter of law. |
| Trial | A jury (or the judge, in a bench trial) hears evidence and decides the facts. |
| Judgment and appeal | The court enters judgment; the loser may move for a new trial and may appeal. |
Why it works
Each stage is a filter. A motion to dismiss tests the law: if the facts alleged would not win even if proved, why spend money on discovery? Summary judgment tests the evidence: after discovery, if no reasonable jury could find for one side, why hold a trial? A trial is needed only when a real dispute of fact remains. Federal courts follow the Federal Rules of Civil Procedure, in effect since 1938; states have similar rules. Settlement happens at every stage: by most estimates well over 90 percent of civil cases end without a trial verdict.
Worked example: Which stage?
An opinion says: "The district court granted the defendant's motion to dismiss for failure to state a claim. We reverse." What facts did the appellate court assume were true?
- A motion to dismiss comes before discovery.
- At that stage the court takes the complaint's factual allegations as true and asks whether they state a claim the law recognizes.
- Reversal means the claim, if proved, could win; the case returns for discovery.
Answer: All the facts alleged in the complaint.
Worked example: Summary judgment
After discovery, the only evidence is a signed contract and the defendant's admission that he never paid. The defendant offers no evidence of any defense. What should the plaintiff file?
- There is no genuine dispute about the material facts.
- Under the law of contracts, those facts entitle the plaintiff to judgment.
Answer: A motion for summary judgment.
Common mistake
Thinking most lawsuits go to trial. Only a small share of federal civil cases are decided by a trial verdict; most settle or are decided on motions. When you read an appellate case, find the procedural stage first: it tells you whether the court decided what the facts alleged could support (dismissal), what the evidence could support (summary judgment), or what a factfinder found (trial).
This is an educational course, not legal advice.