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Guide to the Lawsuit Process in Florida

Thank you for trusting our law firm to represent you in your legal matter. It is a privilege to assist you, still, we understand litigation is not the comfort zone for most people. In fact, litigation is complex, lengthy and most of the times is the result of difficult situations. It is normal that parties facing a lawsuit have questions. We have prepared this guide to provide you with answers to the most common questions clients ask us, as well as a general overview of the process, expected timelines, and your role as a client during the lawsuit. We hope this information makes you feel more comfortable with the litigation process.

OVERVIEW OF THE LAWSUIT PROCESS

Generally, a lawsuit is divided by the following stages. Please note that timelines may vary depending on the complexity of the case, court scheduling, and the behavior of the opposing party. Still, in general you may expect your lawsuit’s development to follow that schedule.

1. Pre-Suit Evaluation and Demand (Optional)

• Before filing a lawsuit, parties may attempt to resolve disputes informally, through a formal pre-suit demand letters or voluntary mediation.
• In certain cases, pre-suit notices may be required by law before a plaintiff may file a lawsuit in court.

2. Filing the Complaint

• The plaintiff files a Complaint with the court and serves the defendant.
• Once served, the defendant has 20 days to file a response. The response may be an Answer to the Complaint, or the defendant may move asking the court for a specific action, that is called filing a Motion.

3. Responsive Pleadings

• If a Motion to Dismiss is filed, the court will set a hearing and decide whether the case proceeds or the Motion is granted, and the lawsuit is dismissed. The standard for the court to grant a Motion to dismiss is very high because it dismisses plaintiff’s action before any evidence or argument is presented on the substance of the matter. Even when motion to dismiss are granted they are granted without prejudice, meaning that the plaintiff may correct the complaint’s defects and refile the Complaint. It is very important that you understand that the reason courts do not favor motions to dismiss is because of a well-founded legal tradition of allowing any party to have its day in court to seek legal relief and provide the court with the opportunity to apply the law and rule on the substance of the matter, not on technicalities.
• If the Answer is filed, the parties move into the discovery phase.

4. Discovery Phase

• This stage involves exchanging documents, written questions (interrogatories), and depositions.
• There are prescribed deadlines for the request and to produce documents and information. Still, if a party does not produce what is supposed to produce Motions to Compel may be filed and heard and in case a party feels that there is a legal reason not to produce or respond to the other party’s requests, Protective Orders may be filed and heard during this phase.
• For the reasons above, discovery can last 6 to 12 months or more, depending on the scope of the case.

5. Motions for Summary Judgment or Other Dispositive Motions

• Either party may file motions asking the court to resolve the case (or part of it) without trial.
• These motions generally occur after discovery is complete. Once discovery is complete, we will let you know and request we get together and evaluate the evidence gathered during discovery and the legal strategy.

6. Mediation (Often Court-Ordered)

• Florida courts generally require mediation before trial.
• Mediation is a settlement conference with a neutral third party and typically occurs after discovery ends, before trial.

7. Trial

• If the case does not settle, it proceeds to trial.
• Trial dates are usually set 18–36 months from the date of filing, depending on the court’s calendar.
• This is the part of the lawsuit that is shown on the movies, nevertheless, the reality is that most cases do not go to trial, but we are fully prepared to take your case all the way to trial. Moreover, unlike movie-trials, real trials do not have surprise witnesses or a “smoking-gun” surprise evidence. Trials are very structured and technical stage of the a lawsuit. They have to be prepared with care and precision. That is why they are costly and time-consuming. If your case reaches this stage, we will need your full cooperation and attention. There will be a trial attorney fully invested in preparing for your trial and you should be available to answer questions or provide key information.

8. Post-Trial Motions and Appeals (If Applicable)

• After trial, the losing party may file post-trial motions or appeal the decision. This is a separate procedure. It is a specialized legal process and must be explained and discussed when necessary and available on a case-by-case basis.

THINGS TO EXPECT

1. Periods of Inactivity Are Normal
There will be stretches of time where the parties may be waiting for a court ruling or on a deadline to the opposing party. During these periods, no communication from our firm does not mean inactivity or neglect. It reflects our commitment to avoiding unnecessary legal fees by not charging for redundant or unnecessary updates.

2. Client Communication Policy
Our firm bills for time spent communicating with clients, including emails, calls, and status updates. To protect your resources:

• We do not contact you unless there is a development that requires your attention or materially affects the strategy or outcome of the case.
• You are always welcome to request an update, but we recommend limiting check-ins to preserve your litigation budget.

3. Response Deadlines
On the other hand, when we contact you, it is because there is something that requires attention. Please respond to our communications promptly and thoroughly when asked to provide information or documentation. Delays in client responses may:

• Affect the outcome of the case.
• Lead to missed deadlines or sanctions.
• Increase legal fees due to time spent chasing information.

HOW YOU CAN HELP KEEP LEGAL FEES LOW AND IMPROVE OUTCOMES?

1. Keep Your Files Organized
   • Provide digital, clearly labeled documents.
   • Avoid sending scattered or incomplete data.
   • Create timelines, summaries, and tables if possible.
2. Respond Promptly
   • Litigation is time-sensitive. Courts impose strict deadlines.
   • A 24–48 hour turnaround on our requests is ideal.
3. Be Clear and Concise in Communications
   • Avoid multiple fragmented emails—group your questions or updates into one message when possible.
4. Use Our Legal Assistants or Paralegals When Appropriate
   • When appropriate, our staff can assist at a lower billing rate.

GENERAL IMPORTANT STEPS TO REMEMBER

Remember, litigation is a marathon, not a sprint. It requires patience, strategy, and careful resource management. Our goal is to zealously represent your interests while ensuring that your legal investment is managed wisely. We hope this guide helps you understand a little better the process. It is a lot of information, but we will hold your hand all the way. We are here to help!