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What to Expect as a Plaintiff in a Civil Suit

If you are considering bringing a civil lawsuit against someone else, it is important that you have an idea what to expect- for most of our clients, this is a new experience, and something they don't do more than once in their lifetimes.

Here are the highlights:

The document your lawyer files with the court to start the lawsuit is called a complaint.  There is usually a 2-3 week period after the complaint is filed in which the defendants are formally served, then another 20 days or more after that before they file their answer.  It is only after both the complaint and answer are filed that the court sets a schedule for discovery.

You will be asked for documents and to answer written questions- this is called written discovery.  It may feel intrusive, but the rules allow the parties to request a wide range of information.  You will have the opportunity to make the same kinds of requests on the defendant.  You will likely have to give deposition testimony, if the case does not settle before that point.  This is usually at least six months or so out from when you file the complaint.  

The defendant may file a motion for summary judgment at the end of discovery- if they believe the documentary evidence and testimony supports their legal defenses, they will ask the court to dispose of the case before trial.  This is something to be taken seriously in the response, but the fact that a motion is filed should not cause you too much alarm.

Assuming no summary judgment is granted, the court will schedule a trial.  it is not unusual these days for the trial date to be two years or more after you file the complaint.


Learn more here about what to expect as a plaintiff in a civil lawsuit.

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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Advice for Employers
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
      • Should I Accept a Severance?
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law >
      • Independent Contractor Test
      • Working As Independent Contractor
      • Hiring Independent Contractors in Massachusetts
      • Is My Independent Contractor Status Legal?
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
      • Can I Avoid My Non Compete?
    • Do I Have a Case?
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog