Lawyer I Trust Guide · General U.S. information · Reviewed September 16, 2026
Civil litigation is the formal process of resolving non-criminal disputes through the public court system. Unlike criminal cases, which involve the government prosecuting an individual for a violation of law, civil litigation typically involves private parties—such as individuals, businesses, or organizations—seeking to resolve disagreements, often involving money damages, property rights, or the enforcement of contracts.
The Stages of a Civil Lawsuit
The litigation process generally follows a structured path, beginning with the filing of a complaint. The party initiating the lawsuit, known as the plaintiff, files a document with the court that outlines their grievances and the relief they are seeking. Once the complaint is filed, the defendant must be formally notified through a process called service of process, which ensures they are aware of the allegations and have an opportunity to respond.
Following the initial pleadings, the case moves into the discovery phase. This is often the most time-consuming part of litigation, during which both sides exchange information, request documents, take depositions, and submit written questions known as interrogatories. The goal of discovery is to allow both parties to understand the strengths and weaknesses of their case, which often encourages settlement discussions.
If the parties cannot reach a resolution, the case may proceed to trial. During trial, evidence is presented to a judge or jury, who then determines the facts and applies the relevant law to reach a verdict. However, many civil cases are resolved before reaching trial through motions, such as a motion for summary judgment, or through negotiated settlement agreements.
Governing Rules and Procedures
In the federal court system, civil litigation is governed by the Federal Rules of Civil Procedure. These rules provide a standardized framework for how lawsuits are conducted, covering everything from the requirements for filing a complaint to the specific procedures for discovery and trial conduct. These rules are designed to ensure that the litigation process is orderly, transparent, and fair to all parties involved.
It is important to note that the government itself is frequently involved in civil litigation. For instance, the Department of Justice handles a wide array of civil matters, ranging from defending the United States in lawsuits to pursuing affirmative civil enforcement actions. These actions might include cases involving fraud, civil rights violations, or the recovery of debts owed to the government. When the government is a party, it follows specific internal policies regarding settlement principles, transparency, and the pursuit of legal remedies to protect the public interest.
Resolution and Settlements
Not every dispute requires a full trial to reach a conclusion. In fact, a significant portion of civil litigation ends in a settlement. A settlement is a voluntary agreement between the parties to resolve their dispute, often involving a payment or a specific action, without the need for a final court judgment. Settlements can be reached at any stage of the litigation process, from the initial filing to the moments before a jury delivers a verdict. When parties settle, they typically sign a formal agreement that outlines the terms of the resolution, effectively ending the litigation and preventing further legal action on the same matter.
Sources and further reading
Educational information only. This guide is not legal advice. Laws and procedures vary by jurisdiction.