Filing or defending a lawsuit can feel overwhelming if you don’t know what to expect. Whether you’re considering legal action or you’ve just been served with papers, understanding the basic stages of a civil lawsuit can help you feel more confident and prepared. While every case is unique, most lawsuits follow the same basic process.

Here’s a step-by-step guide to how a typical civil lawsuit unfolds—from beginning to end.

Step 1: Initial Consultation and Case Evaluation

Everything starts with a conversation. During an initial consultation, your attorney will:

• Review the facts of your situation
• Evaluate potential legal claims or defenses
• Discuss goals and realistic outcomes
• Talk about timelines, legal fees, and expectations

If both parties agree to move forward, your attorney may begin gathering documents, interviewing witnesses, or conducting preliminary research.

Step 2: Pleadings – Filing the Complaint and Answer

If you are the plaintiff (the party bringing the lawsuit), your attorney will draft and file a complaint with the appropriate Montana district court. This complaint outlines:

• The facts of the case
• The legal basis for the claim
• The relief or damages you’re seeking

The defendant (the party being sued) is then formally served with the complaint and has 21 days (under Montana Rules of Civil Procedure) to file an answer or other response. The answer may admit or deny allegations and may include counterclaims.

Step 3: Discovery – Gathering the Evidence

The discovery phase is often the longest part of a lawsuit. During this stage, both sides exchange information and gather evidence through:

• Written discovery (written questions to the opposing party, called interrogatories; written requests for production of documents; written requests for admissions)
• Depositions (oral questions under oath)
• Subpoenas (to third parties for documents or testimony)

This process helps ensure that both parties have access to the facts before trial. Your attorney will work closely with you to identify key documents, prepare responses, and prepare for any deposition testimony.

Step 4: Motions and Pretrial Proceedings

During and after discovery, either party may file motions asking the court to take certain actions, such as:

• Dismissing part or all of the case
• Compelling the other party to respond to discovery
• Deciding the case without trial (summary judgment)

The court may also schedule pretrial conferences to streamline issues, schedule deadlines, or encourage settlement discussions.

Step 5: Settlement Discussions

Most civil lawsuits in Montana settle before trial. Settlement discussions can happen in a variety of ways including informally between attorneys and/or more formally through mediation.

Settling a case can help the parties avoid the expense, stress, and uncertainty of trial. Your attorney will advise you on the pros and cons of any settlement offer and help negotiate terms that protect your interests.

Step 6: Trial

If the case does not settle, it proceeds to trial—either before a judge (bench trial) or a jury. Trials typically involve:

• Opening statements
• Witness testimony and cross-examination
• Presentation of evidence
• Closing arguments

After hearing all the evidence, the judge or jury will deliver a verdict.

Step 7: Post-Trial Motions and Appeal

Following the verdict, either side may file post-trial motions—such as a motion for a new trial or to alter the judgment. If there are legal errors, a party may file an appeal to the Montana Supreme Court.

Appeals focus on legal mistakes made during the trial—not a rehash of the facts—and can take several months or more to resolve.

Step 8: Enforcement of Judgment

If you win a money judgment, the defendant is legally obligated to pay. If they don’t, your attorney may assist with judgment enforcement, which can include:

• Garnishment of wages or bank accounts
• Placing a lien on property
• Seizing assets (in limited cases)

Your attorney will help navigate the best path to recovering what you’re owed.

Final Thoughts

Litigation can be complex, but you don’t have to go through it alone. At Worden Thane, we guide clients through every stage of the legal process with clarity, experience, and a commitment to results. Whether you’re considering a lawsuit or have been served with a complaint, we’re here to help you understand your rights, evaluate your options, and protect your interests every step of the way.

Have questions about starting or responding to a lawsuit? Contact us today for a confidential consultation.