The attorney for the defendant may file any number of motions, including
lack of jurisdiction over subject matter, lack of jurisdiction over the
person, improper venue, insufficiency of process, insufficiency of service
of process, failure to state a cause of action, and failure to join indispensable
parties. If a motion is granted, the plaintiff can amend the complaint.
This process can take months to be completed in some cases.
The discovery phase of a civil lawsuit allows each side to discover the
facts they need concerning the case. This can involve depositions upon
oral examination or written questions, written interrogatories, producing
documents, physical examinations, and more. The two main parts of discovery
are written and oral. Take interrogatories (written questions) alone.
Each side usually has between 30-60 days to answer these. Again, extensions
can be granted in some cases. During oral discovery, lawyers get to ask
questions in person, called depositions. To learn more about discovery
rules in our state, visit Florida Rule 1.280.
Settling Out of Court
After all the appropriate evidence is collected, some cases go to mediation
and are settled outside of court. This is certainly the faster option,
as you do not have to wait for a trial date or go through the process
of trial, which can take anywhere from days to weeks. Our attorneys never
advise our clients to accept a settlement simply because it will get their
case over with more quickly. Only if the defense is offering a favorable
settlement will we advise our clients to take it. Otherwise, we will go to trial.
If your case cannot be settled outside of court, then it could be set for
trial. There are only so many judges in a given jurisdiction, so how quickly
they can hear your case depends on how many cases are on the docket and
how long each of those cases takes. Actual trials can last a few days
or a few weeks, depending. After the judge issues a ruling, either party
can appeal the decision, which could extend the length of the cases even further.
When you choose a lawyer at our law firm, you can rest assured that they
will always act in your best interests to ensure you get the most favorable
Contact us today to learn more.