Here are some useful basics if you have a dispute that may be headed to court for resolution.

1. Which court? Most civil disputes are heard in the state trial court in the county where the dispute arose. This court has different names in different states, including “superior court,” “circuit court,” and “district court.”
2. When does a lawsuit begin? A dispute must be submitted to a court within a deadline defined by the “statute of limitations.” The deadline varies from state to state but is usually multiple years for real estate and construction cases.
3. How does a lawsuit begin? A lawsuit is normally commenced by the plaintiff filing a “complaint” that identifies the defendant and outlines the relief the plaintiff is asking the court to award. The plaintiff then formally delivers (“serves”) a copy of the complaint to the defendant along with a notice (“summons”) informing the defendant about how to respond to the complaint.
4. What happens after a lawsuit is commenced? The defendant files an “answer” that states defenses to the complaint and may include counterclaims seeking positive relief from the plaintiff. Next, the parties have an opportunity to conduct “discovery,” during which parties can require one another to produce documents bearing on the dispute, respond to written questions (“interrogatories”), and answer questions in person under oath (“depositions”). The timing and scope of discovery are governed by court rules.
5. What are motions? A motion is a request for the court to take some action. A motion for “summary judgment” asks the court for a favorable ruling based on a showing that material facts are not in dispute and the court need only apply the law to those facts. For example, a party may ask the court to dismiss a claim on the ground that it has been filed after the statute of limitations has run. The other party has an opportunity to respond to the motion in writing. The court may allow the parties to present oral argument before ruling on the motion.
6. Will there be a jury? Parties have a right to trial by jury in most civil lawsuits, but a jury must be requested within a deadline set by the court.
7. What happens at trial? The parties submit evidence (documents and other physical objects) and witnesses who testify under oath to what they know about the dispute. Each party is given an opportunity to cross-examine the other party’s witnesses. The court applies evidence rules to determine which evidence will be admitted. Once all the evidence has been submitted, the parties may present argument about what the evidence shows and why they should prevail. Usually, the parties disagree about important facts (e.g., what promises were made, whether work was defective) and the jury (or the judge if there is no jury) must determine which party’s factual position is better supported by the evidence and testimony.
8. What happens after trial? The judge files a judgment, which outlines the relief awarded to the prevailing party, typically a payment of money from the losing party. If the losing party refuses to pay, the prevailing party may enforce the judgment by getting a court order to sell the losing party’s assets to pay the judgment.
9. What is an appeal? Trial court judgments may be reviewed by another court, usually called the “Court of Appeals.” There is a short deadline for filing an appeal. While the appeal proceeds, the prevailing party may still enforce payment of the judgment unless the party seeking appeal furnishes a bond or other security for payment of the judgment if the appeal is unsuccessful. The reviewing court will look chiefly at legal issues (e.g., the trial court’s interpretation of a statute). The reviewing court will normally not disturb factual findings made at trial, on the ground that the judge and jury saw the witnesses in person and were in the best position to assess their credibility.

Trial and appeal are complex processes. All phases can be expensive, particularly discovery in cases where large numbers of documents must be identified, produced, and reviewed. Hopefully, the foregoing outline will help you understand some of what is involved when a dispute becomes a lawsuit.