Civil lawsuits can be expensive, time-consuming, and overwhelming. For businesses and individuals, understanding the process is key to protecting your rights and making informed decisions. While each case is unique, most follow a structured path that includes pre-suit demands, pleadings, discovery, trial, and post-judgment enforcement.
This guide offers a general overview of the key steps in a Florida civil lawsuit.
The Pre-Trial Process
Step 1: Pre-Suit Demand
Most civil cases begin with a pre-suit demand, a letter from the prospective plaintiff or their attorney outlining the dispute and demanding resolution. These letters may include a request for payment or other corrective action and serve as a last attempt to avoid litigation.
Step 2: Pre-Litigation Mediation (Optional)
Some disputes can be resolved before a lawsuit is filed through pre-suit mediation. This voluntary process involves a neutral third party helping the parties negotiate a settlement. Mediation is often faster and less expensive than litigation, and it allows parties to maintain more control over the outcome.
Step 3: Filing the Complaint and Serving the Defendant
If the dispute cannot be resolved, the plaintiff files a Complaint with the court. This legal document outlines the claims and the relief sought. A Summons is issued and served on the defendant to officially notify them of the lawsuit. This step initiates the formal litigation process under the Florida Rules of Civil Procedure.
Step 4: Defendant’s Response
The defendant must respond to the Complaint. The response may be an Answer addressing each allegation, or a Motion to Dismiss challenging the legal sufficiency of the complaint. A Motion to Dismiss argues that the lawsuit should be dismissed entirely for reasons such as lack of jurisdiction, failure to state a valid claim, or improper venue. The defendant may also assert affirmative defenses or counterclaims.
If the defendant fails to respond to the lawsuit or otherwise participate, the filing party may file for a Motion for Default Judgement. If granted, the court may award judgment to the filing party by default.
The steps of filing the complaint and the defendant’s response are often referred to together as the pleadings.
Step 5: Discovery
Once the pleadings are filed, the case enters the discovery, where both sides exchange information and evidence. Discovery tools may include: written interrogatories, requests for documents, and depositions of witnesses.
This is a critical stage that can shape the strategy and outcome of the case. In some instances, discovery leads to further settlement discussions.
Step 6: Pre-Trial Motions
Before trial, either party may file motions to resolve legal issues, clarify contested matters, or narrow the scope of trial. These motions can shape the course of the case – sometimes even ending it before trial begins.
In addition to the Motion to Dismiss and Motion for Default Judgement, mentioned earlier, here are some of the most common pre-trial motions:
- Motion for Summary Judgment: Filed after discovery, this motion argues that the key facts are undisputed and the moving party is entitled to judgment as a matter of law without the need for trial.
- Motion to Compel Discovery: Used when one party believes the other is withholding relevant documents, responses, or other information during the discovery process. If granted, the court orders compliance.
- Motion to Strike: Asks the court to remove improper or legally irrelevant portions of a pleading, such as inflammatory language or unsupported claims.
- Motion in Limine: Filed before a trial by jury to prevent certain evidence from being presented to the jury. It helps control what information is admissible during proceedings.
- Motion for Continuance: Requests to postpone a scheduled hearing or trial, often due to scheduling conflicts, the need for more time to prepare, or newly discovered evidence.
These motions are not merely procedural tools; they form part of a broader litigation strategy. An experienced attorney knows when and how to use them to position your case for success.
Step 7: Court-Ordered Mediation or Arbitration (if required)
Florida courts sometimes require parties to participate in court-ordered mediation before going to trial. In some cases, non-binding arbitration may be ordered. These alternative dispute resolution methods provide additional opportunities to resolve the case without the time and expense of trial.
The Trial
If no resolution is reached through mediation or motions, the case proceeds to trial, either before a judge (bench trial) or a jury. Each side presents evidence and examines witnesses to support their claims or defenses. The plaintiff bears the burden of proof.
After both sides rest their cases, the judge or jury renders a verdict, and the court enters a final judgment based on that outcome.
The Post-Trial Process
Appeals
Either party may appeal the trial court’s decision to a higher court within a limited time frame of 30 days. Appeals focus on legal errors made during the trial rather than re-arguing the facts. The appellate court may affirm, reverse, or remand the case for further proceedings.
Post-Judgment Enforcement
Winning a judgment does not always guarantee recovery. If the losing party does not comply voluntarily, the prevailing party must pursue post-judgment enforcement. Legal tools may include:
- garnishment of wages or bank accounts;
- liens on real estate or other assets, and
- writs of execution to seize property.
In cases involving conversion or civil theft, post-judgment enforcement becomes especially important.
- Conversion involves the wrongful control or use of another’s property.
- Civil theft, governed by Section 772.11, Florida Statutes, involves the intentional taking of property and allows for treble damages (three times actual losses), plus attorney’s fees and costs, if proven by clear and convincing evidence.
While the burden of proof is higher for civil theft than for conversion, the potential financial recovery can be significantly greater. (This is discussed further in Using a Civil Lawsuit to Recover Stolen Money or Property).
Conclusion: Litigation with Strategy, Support, and Results
From pre-suit planning to courtroom litigation and enforcement, civil lawsuits in Florida involve numerous steps and strategic decisions. Working with knowledgeable legal counsel can protect your interests, streamline your case, and improve your odds of a favorable outcome.
At Jimerson Birr, our trial attorneys are skilled in navigating every phase of litigation. Whether you are enforcing your rights or defending your business, we provide tailored, results-focused representation grounded in Florida law and courtroom experience.
If you are facing a civil dispute and want to understand your options, contact Jimerson Birr.