Civil Litigation: Stages, Discovery, and Deadlines
The Life of a Case
A civil action moves through predictable stages: pleadings, service of process, discovery, pretrial motions, trial, judgment, and appeal. A paralegal is expected to know which document is filed when, who serves whom, and what each deadline measures.
Pleadings
The plaintiff files a complaint (or petition) giving a short and plain statement of the claim and a demand for relief. The defendant responds with an answer that admits or denies allegations and pleads affirmative defenses. Claims back against the plaintiff are counterclaims; claims against codefendants are cross-claims. A motion attacking the legal sufficiency of a pleading (demurrer or motion to dismiss for failure to state a claim) must be distinguished from a motion for summary judgment, which tests whether evidence shows a genuine dispute of material fact.
Discovery
The core tools are interrogatories (written questions answered under oath), requests for production of documents, requests for admission, depositions (oral testimony under oath), and physical or mental examinations. Scope is generally relevant, nonprivileged matter; attorney work product is protected.
Traps
Deadline math: exclude the triggering day, include the last day, and roll forward to the next business day if the last day falls on a weekend or holiday. Know whether a rule counts calendar days or court days. Do not confuse a compulsory counterclaim (same transaction; waived if omitted) with a permissive one.
Worked Example
A summons and complaint are served on March 3 and the answer is due 30 days after service. Do not count March 3. Day 1 is March 4; day 28 is March 31; day 30 is April 2. If April 2 is a Saturday, the answer is timely the following Monday.