How Long Does a Civil Lawsuit Take? Timeline and Expectations
- Posted on: Aug 8 2025
You’ve been wronged. Maybe a business deal went sideways, a vendor failed to deliver, or a loved one’s estate is tied up in probate litigation. You want justice, but you also want to know: how long will this take?
It’s a fair question, and the answer depends on several factors. While no two cases are the same, civil lawsuits in California typically take anywhere from several months to several years to resolve. That’s a wide range, and understanding what influences the timeline can help you set expectations and make informed decisions.
Whether you’re an individual plaintiff, a trustee defending against a claim, or a business protecting its interests, here’s what you should know about the civil litigation timeline.
Step 1: Pre-Lawsuit Investigation and Demand Letters (1–3 months)
Before filing a lawsuit, your attorney may conduct an initial investigation, gather relevant documents, and try to resolve the matter without going to court.
This phase often includes:
- Reviewing contracts, emails, and financial records
- Interviewing witnesses or consulting experts
- Sending a formal demand letter to the other party in hopes of negotiating a settlement
In some cases, this step ends the dispute early. In others, it lays the groundwork for litigation.
Step 2: Filing the Complaint and Serving the Defendant (1–2 months)
If informal resolution fails, the plaintiff files a complaint with the appropriate California court. The defendant must then be served with notice of the lawsuit, typically within 30 to 60 days of the filing.
Once served, the defendant has a limited time (usually 30 days) to respond. This response may be:
- An answer, admitting or denying the allegations
- A motion to dismiss, challenging the legal basis of the case
Delays can occur if the defendant is difficult to serve or files procedural motions.
Step 3: Discovery Phase (6–12 months or more)
Discovery is where both sides gather and exchange evidence through:
- Document requests
- Depositions (sworn testimony outside of court)
- Interrogatories (written questions)
- Subpoenas
This phase is often the most protracted and most expensive part of a civil case. The timeline can stretch if:
- One party drags its feet or resists disclosure
- There are multiple parties involved
- Expert witnesses are needed to evaluate damages
In business litigation, trust disputes, or real estate cases, discovery can involve thousands of pages of documents; therefore, careful planning and strong legal guidance are crucial.
Step 4: Motions, Mediation, and Settlement Negotiations (Variable)
As discovery unfolds, either side may file motions for summary judgment in an attempt to resolve the case without a full trial. At the same time, courts often encourage parties to pursue alternative dispute resolution (ADR), especially when a full trial could be expensive, time-consuming, or emotionally taxing.
Standard ADR methods include:
- Mediation – A neutral third party assists the parties in reaching a voluntary resolution. Mediation is non-binding but often effective.
- Arbitration – A private process where a neutral arbitrator hears the case and issues a decision, which may be binding or non-binding depending on prior agreement.
These alternatives can resolve disputes more quickly and cost-effectively than litigation. They’re instrumental in cases involving business contracts, fiduciary duties, or family-related civil matters where preserving relationships may matter.
If mediation or arbitration is unsuccessful—or not required by the contract—the case proceeds toward trial.
Step 5: Trial (1–2 weeks, but scheduled months out)
If the case doesn’t settle, it moves to trial—but don’t expect a quick court date. Civil trial calendars are often backed up, and it’s common to wait 6 to 12 months after discovery ends just to get a trial date.
Trials may last a few days to several weeks, depending on:
- Number of witnesses
- Amount of evidence
- Whether it’s a bench trial (judge) or jury trial
Once concluded, the judge or jury issues a decision. But that’s not necessarily the end.
Step 6: Post-Trial Motions and Appeals (3–12 months+)
After a verdict, either side may:
- File motions to alter or reverse the decision
- Appeal to a higher court
Appeals introduce a new timeline—often another 6–12 months or longer, especially in complex matters or when new legal questions are raised.
What Can You Do to Avoid Delays?
While some aspects of litigation are out of your control, choosing the right legal team can make a meaningful difference.
At the Law Offices of Brian L. Fox, APC, we help clients across Ventura and Santa Barbara counties navigate civil disputes with strategy and efficiency. Our litigation team understands the court system, knows how to streamline the process, and works hard to keep your case moving forward—whether that means negotiating an early resolution or preparing for trial.
We represent individuals, business owners, fiduciaries, and beneficiaries in a wide range of disputes, including breach of contract, trust and estate litigation, business torts, and property conflicts.
Talk to a California Civil Litigation Attorney
Whether you expect your case to settle quickly or anticipate a courtroom battle, it’s essential to know your rights, your risks, and your options. Mediation and arbitration can help resolve your dispute more quickly. Still, if a trial becomes necessary, you want a legal team prepared to fight for your interests every step of the way.
Attorney Brian Fox assists clients throughout Ventura and Santa Barbara counties in resolving civil disputes through strategic negotiation, alternative dispute resolution, and litigation when necessary. From individuals and families to businesses and fiduciaries, we provide expert guidance tailored to your goals. Contact us today to schedule a consultation and learn what your path forward may look like.
Posted in: Civil Litigation
