Civil Litigation Process in Alabama: An Overview

While the civil litigation process in Alabama can seem complex, it resolves conflicts fairly and efficiently through a structured system. Whether your case involves a personal injury claim, breach of contract, property issues, or a business dispute, the civil litigation process typically follows a standard path. For clients in Florence and throughout North Alabama, a clear understanding of this process is the first step toward a successful resolution of your civil case.

This guide provides a general overview of the typical stages of a civil lawsuit in Alabama for both plaintiffs and defendants. Regardless of the stage of your civil dispute, my office is happy to schedule a consultation to discuss if you have questions or need assistance in your case.

1. The Pre-Litigation Phase: Investigation and Strategy

Before a lawsuit is formally filed, your attorney spends a lot of time investigating the case and developing the strategy. This initial phase is crucial for building a strong foundation. The primary activities include:

• Case Evaluation: An attorney will review the facts, analyze the legal merits of your claims, and assess the potential for a favorable outcome. Your attorney collects and reviews all relevant documents, communications, and evidence that may be presented in court. Early consultations are key to understanding your rights and setting expectations for how to best approach the issues, and my firm is always happy to schedule a consultation to guide you through, regardless of how early you are in the process.
• Negotiation and Demand: In many cases, it is possible to resolve a dispute without litigation. The pre-litigation phase often includes sending a formal demand letter to the opposing party, outlining the claim and attempting to negotiate a settlement. A successful resolution at this stage can save substantial time and legal costs.

I involve my clients heavily during this stage, as no one knows their case better than they do. The more information that I have, the better I can assist in this early stage. While every case is different, this stage typically shapes the strategy for the rest of the case, and I take a collaborative approach for that reason.

The Pleading Phase: Initiating the Lawsuit

If pre-litigation efforts fail to get the result you want, the next step is typically filing a lawsuit with the court. This “pleading phase” typically involves:

• Filing the Complaint: The plaintiff’s attorney drafts and files a Complaint with the appropriate court. This document formally outlines the facts of the dispute, the legal claims against the defendant, and the requested relief, such as monetary damages. This is the plaintiff’s first shot to begin telling their story, and the Complaint will be the document that the entire case is based upon.
• Service of Process: The plaintiff must formally “serve” the defendant with a copy of the Complaint and a Summons. This legal notice informs them that they have been sued and outlines the deadline by which they must respond, typically 30 days in Alabama.
• The Answer: The defendant’s attorney then files an Answer, which responds to the allegations made in the Complaint. The Answer admits or denies the claims, asserts legal defenses, and in some instances, raises counterclaims against the plaintiff or brings in third parties that were not included in the Complaint.

While there are likely sample forms online for each of these steps, there are certain pitfalls in the pleading phase that may damage your claims or defenses if not properly asserted at the start. For instance, certain claims require a different standard for the Complaint. (e.g., ARCP 9). Judges typically do not consider any claims that are not brought in the Complaint. For defendants, you must raise some defenses in your initial Answer, and you may waive those defenses if you do not include them. (e.g., ARCP 8). I encourage anyone involved in this stage to consult with an experienced attorney to discuss their strategy.

The pleading phase may also include certain “dispositive motions,” such as a Motion to Dismiss. For a plaintiff, successfully defending these motions is crucial, as a loss ends your case. For a defendant, these motions can be an easy “out” of the lawsuit if properly presented and argued.

3. The Discovery Phase: The Search for Evidence

The discovery phase is usually the most time-consuming, and often the most important, part of civil litigation. Discovery usually starts as soon as the Complaint is filed, and often lasts until shortly before trial. You should work with your attorney to develop a discovery strategy. Each side has certain tools that they can use to gather information from the other side during this phase. Some of these tools include:

• Interrogatories: Written questions that the opposing party must answer under oath.
• Requests for Production: Formal requests for documents, emails, photographs, and other tangible evidence relevant to the case.
• Depositions: Formal interviews where parties and witnesses provide sworn testimony outside of the courtroom. A court reporter records all testimony, creating an official transcript.

Typically, both sides will turn over everything related to the case. This process is one of the major benefits of civil litigation, as it allows both parties to enter court on relatively equal footing. However, you likely need an attorney to help develop your strategy and enforce the discovery rules.

For my clients, we typically spend a lot of time together at the beginning gathering evidence. Evidence is often the most impactful part of the case. For that reason, an attorney on your side that knows the rules of discovery and the civil litigation process in Alabama can be critical.

4. Mediation and Pre-Trial Motions

As discovery nears its end, the focus often shifts to resolution before trial. Most civil cases settle at or before this point.

Mediation: This is a confidential and highly effective process where the parties meet with a neutral party called a “mediator.” The mediator’s role is to facilitate a conversation, identify common ground, and help the parties reach a mutually acceptable settlement. A large amount of civil cases resolve through mediation, and it is a tool that we often use.

Motions: If a settlement is not reached, attorneys may file various motions with the court. A common example is a Motion for Summary Judgment, which asks the court to rule on the case in one party’s favor without a trial. These motions take time, and typically require lots of discovery, to argue successfully. However, they are useful to present the main issues to the judge before a full trial.

For my clients, I try to set expectations and come to a resolution at or before this point. Once we reach this point, we will usually have a good idea of exactly where the case is heading. If these efforts fail, we move on to the final step of a civil case.

5. Trial and Appeal

If a case cannot be resolved through settlement or pre-trial motions, the lawsuit proceeds to trial.

• Trial: During the trial, both sides present their evidence, call witnesses, and make legal arguments before a judge or jury. The trial concludes when the judge or jury renders a verdict.
• Appeal: The losing party has the right to appeal the trial court’s decision. An appellate court does not retry the case. Instead, it reviews the record for legal errors that may have influenced the verdict. The appeals process can be lengthy and complex.

Common Questions about the Civil Litigation Process in Alabama

• How long does a civil case take in Alabama? –
  • The answer depends on many factors often outside of your control. On average, civil cases in Alabama can take several months to a few years to resolve. It mainly depends on your case’s complexity, the court’s calendar, and the opposing side. My firm’s goal is to handle your case as quickly as we can, but cases frequently delay for factors that we cannot predict.
• What are the costs of a civil lawsuit in Alabama? –
  • The costs of a civil lawsuit in Alabama can include court filing fees, attorney’s fees, expert witness fees, deposition costs, and document production. These costs can quickly add up and can sometimes be unexpected. However, my firm predicts the costs ahead of time to better prepare you for the case. We also offer flexible payment arrangements, such as contingency fees for personal injury cases in which you will not pay unless we win. For civil disputes other than personal injury, we will estimate a retainer which we will bill against.

Conclusion

This guide has given a general overview of what to expect in a civil lawsuit in Alabama. Whatever civil issue you’re facing, from personal injury to a breach of contract involving your business, having an experienced attorney on your side is crucial. While the civil litigation process in Alabama may seem overwhelming, proper guidance from an attorney can allow you to navigate it with confidence.

If you’re ready to take the next step to bring a civil claim or defend one filed against you, contact my firm to schedule a consultation. We are ready to help you make informed decisions about your case and work towards a favorable resolution.

Disclaimer: This blog post is for informational purposes only and is not intended to constitute legal advice. The information provided does not create an attorney-client relationship. Every legal situation is unique, and you should consult with a qualified attorney to discuss the specifics of your case.