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Litigation Timelines
California Civil Litigation Timeline
(Getting to trial may take 1-2 years or longer)
- Lawsuit Filed
A lawsuit is called a 'Complaint'
Time limits for filing claims in California vary depending on the nature of the claim. For example, a person injured in an auto accident has two years from the date of the accident in which to file suit. If you feel like you have a potential claim, you should immediately contact an attorney to ensure that you understand the time limits in which you can file your claim.
- Complaint Served
Within 60 days. [CCP §412.20]
- Discovery May Start
Plaintiffs must wait 10 days after service of summons or Defendant's appearance to serve written interrogatories. [CCP §2025.201(b)]
20 days to serve a deposition notice. [CCP §2025.210]
Defendants may conduct discovery any time after being served or after they appear in the action. [CCP §2030.020]
- Defendant files Responsive Pleading-Either Answer or Demurrer and/or Motion to Strike
Defendant has 30 days to file a Responsive Pleading. [CCP §412.20]
An Answer typically denies the allegations and lists affirmative defenses
A Demurrer challenges defects in the complaint
A Motion to Strike requests the removal of inappropriate allegations or improper items in the complaint
- Written Discovery
Form Interrogatories
Special Interrogatories
Request for Admissions
Request for Production of Documents
- Deposition(s) of Parties & Witnesses
Notice must be served at least 10 days before the deposition date [CCP §2050.270(a)]
If notice accompanied by Request for Production of Documents, additional time may be required. [CCP §2020.220]
- Case Management Statement (CMS)
Must be filed 15 days prior to the initial CMC date.
- Case Management Conference (CMC)
Judge may set dates: Trial Date, Trial Readiness Conference Date, First & Second Exchange of Experts, Law & Motion Discovery Cutoff
Jury fees must be posted by the party requesting a jury trial
Judge may order the parties to go to Mediation
- Expert Demand
70 days before trial, or within 10 days of setting trial date, experts must be demanded. [CCP §2034.220]
In San Diego County, the Court typically sets these dates, and no expert demand is necessary.
- 1st Exchange of Experts
Typically set by judge at CMC, 50 days before trial date, or 20 days after service of demand, whichever is closer to trial date. [CCP §2034.230]
- 2nd Exchange of Experts
Typically set by judge at CMC. Within 20 days of the 1st Exchange. You may only designate an additional expert on a topic already designated in your opponent's 1st Exchange. [CCP §2034.280]
- Expert Deposition(s)
- Motion Discovery Cutoff
Discovery closes 30 days before trial, or 15 days before arbitration, Discovery motions must be heard no less than 15 days before trial. [CCP §2024.020]
- Mediation
Approximately 80% of cases resolve through Mediation (the parties are free to mediate at any time)
- Trial Readiness Conference (TRC)
Typically set by judge at CMC. Occurs about 2-3 weeks before the trial. Parties must file a TRC Report.
- Trial
In San Diego, the trial date on a civil matter is typically on a Friday, known as 'Trial Call.' Your actual trial may commence the following Monday.
Federal Litigation Timeline
Key Stages and Deadlines
- Complaint Filed
Plaintiff files a complaint outlining facts and legal basis
Deadline: Statute of Limitations (varies by case type)
- Complaint Served
Complaint and summons must be within 90 days of filing.
[FRCP Rule 4(m)]
- Answer or Motion to Dismiss
Defendant files an Answer or a Motion to Dismiss within 21 days of service.
Extended to 60 days if service waived.
[FRCP 12(a)]
- Court Decision on Motion
Court rules on Motion to Dismiss (time varies by case and court).
If denied, the case moves to discovery.
- Pre-Trial Discovery Begins
Parties exchange interrogatories, requests for production, and depositions.
Discovery period: Typically 3-5 months.
- Depositions
Witnesses deposed under oath: transcripts must be purchased.
Cost: ~$1000 per deposition day.
- Discovery Complete
All discovery must be completed by court-set deadlines.
(Typically 6 months)
- Motion for Summary Judgment
Employer or Defendant may file a motion to dismiss the case based on evidence.
Filed after discovery completion.
- Court Decision on Summary Judgment
If motion denied, case proceeds to trial.
If granted, Plaintiff may appeal.
- Trial
Trial scheduled by court; dates may vary by jurisdiction.
Federal trials may take 1-3 years after filing.
- Post-Trial Motions
Motions for a new trial or judgment as a matter of law.
[FRCP 50,59]Filed within 28 days after judgment
- Appeals
Appeal filed to a higher court if summmary judgment granted or after trial.
Appeal deadlines: ~30 days after judgment [FRAP Rule 4]