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QUESTION
So I got sued. What happens next, and how long will it take?

ANSWER
Lawsuits typically have several different stages, which often take some time. The first phase involves answering the Complaint and conducting discovery. Discovery is where the parties learn the facts of the case, and this phase typically involves both written questions and oral questions asked in person, at a deposition. 

Additionally, during discovery, subpoenas may be issued to obtain documents from  medical providers, governmental agencies, employers, and other non-parties to the lawsuit.  Expert witnesses may also be retained during the discovery process, to render opinions on complex issues such as medical causation and accident reconstruction.

After discovery, which can take several months or longer, a court may decide to refer a case to mediation or arbitration, to try to resolve it short of trial. Courts also typically will hold pretrials to gauge the progress of a case and resolve the parties’ differences along the way.

Depending on the circumstances of a case, written motions may also be filed, after which the parties must wait for the court to issue its ruling. Additionally, when scheduling dates on your case, the court must take into consideration the schedules that are already in place on all of its other cases, both criminal and civil. 

From the filing of a lawsuit to the time of trial, a case can take anywhere from a few months to several years, although a period of one year is not unusual. If appeals are involved, a case can continue for an even longer period of time.



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