4 Legal English Podcast | Episode 090
On the docket today, we examine how lawsuits work in the United Stats.
If a client in the United States says, “We may need to file a lawsuit,” do you know what happens next?
For many international lawyers, the problem is not only legal English vocabulary. The bigger challenge is understanding the process. U.S. lawsuits can involve unfamiliar stages, including the complaint, service, discovery, motions, settlement, trial, and appeal.
In this episode of the 4 Legal English Podcast, we walk through the basic stages of a lawsuit in the United States and explain key litigation terms that international lawyers should know.
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Why This Episode Matters
Understanding the U.S. litigation process can help international lawyers:
communicate more clearly with U.S. lawyers and clients;
understand legal documents from American lawsuits;
explain the process to clients in plain English;
follow settlement discussions, discovery requests, motions, and trial strategy;
avoid confusion when legal terms have different meanings across jurisdictions.
The U.S. system is especially important because it includes features that may be unfamiliar to lawyers from other legal systems, including broad discovery, jury trials, and an adversarial litigation process.
Basic Stages of a U.S. Lawsuit
A civil lawsuit in the United States usually follows several key stages.
1. Filing the Complaint
A lawsuit usually begins when the plaintiff files a complaint with the court. The complaint explains the facts, the legal claims, and the relief the plaintiff is requesting.
The plaintiff may ask for money damages, an injunction, performance of a contract, or another legal remedy. After the complaint is filed, the case receives a docket number or case number and is usually assigned to a judge.
The complaint must then be formally served on the defendant. This step is called service of process.
2. The Defendant’s Response
After the defendant receives the complaint, the defendant must respond. The response is usually called an answer.
In the answer, the defendant admits or denies the allegations and may raise defenses. Sometimes, instead of filing an answer, the defendant files a motion to dismiss, arguing that even if the plaintiff’s facts are true, there is no valid legal claim.
3. Discovery
Discovery is one of the most important and distinctive parts of U.S. litigation.
During discovery, both sides exchange information before trial. This may include document requests, written questions called interrogatories, and formal interviews under oath called depositions.
Discovery in the United States is often broader than in many other countries. The goal is to avoid “trial by ambush” and allow both sides to understand the evidence before trial.
In many cases, discovery also affects settlement. Once both sides understand the strengths and weaknesses of the case, they may be more willing to resolve the dispute without trial.
4. Motions Before Trial
Before trial, lawyers may file motions asking the judge to make certain decisions.
Some motions concern evidence, witnesses, deadlines, or legal issues. If an issue does not depend on disputed facts, the judge may be able to decide it before trial.
Winning or losing important motions can affect the parties’ settlement positions. A party that is losing key pre-trial motions may become more willing to settle.
5. Settlement
Most civil cases in the United States do not go to trial. They end in settlement.
A settlement is an agreement between the parties to resolve the dispute. Settlement may happen before a complaint is filed, during discovery, before trial, during trial, or even while the jury is deliberating.
Parties often settle because trial is expensive, uncertain, and time-consuming.
6. Trial
If the case does not settle, it may go to trial.
At trial, both sides present evidence, witnesses testify, and lawyers make arguments. In many U.S. cases, a jury decides the facts. The judge controls the legal process, rules on legal questions, and ensures that the law is applied correctly.
A trial may include jury selection, opening statements, witness testimony, evidence, closing arguments, jury instructions, and a verdict.
7. Appeal
After trial, one or both parties may file an appeal.
An appeal asks a higher court to review the decision of the lower court. Appeals usually focus on legal errors, not factual disagreements. An appellate court generally does not re-decide which witness was more believable. Instead, it reviews whether the trial court applied the law correctly.
Key Takeaway
A U.S. lawsuit is not just one event. It is a process.
The basic path is:
complaint → answer → discovery → motions → settlement or trial → appeal
For international lawyers, understanding these stages makes it easier to read U.S. legal documents, follow litigation strategy, communicate with American lawyers, and advise clients who may be involved in U.S. disputes.
Lexicon
Allegation
Meaning: An allegation is a statement that someone claims is true, especially in a legal document, but which still needs to be proven.
Example sentence: The complaint included an allegation that the defendant failed to deliver the goods on time.
Answer
Meaning: An answer is the defendant’s formal written response to the plaintiff’s complaint.
Example sentence: In the answer, the defendant denied the main allegations and raised several defenses.
Appeal
Meaning: An appeal is a request for a higher court to review the decision of a lower court.
Example sentence: After losing at trial, the company filed an appeal arguing that the judge had made a legal error.
Complaint
Meaning: A complaint is the document that begins a civil lawsuit and explains the plaintiff’s claims.
Example sentence: The plaintiff filed a complaint asking the court to award damages for breach of contract.
Damages
Meaning: Damages are money awarded by a court to compensate a party for harm, loss, or injury.
Example sentence: The buyer sought damages because the seller failed to deliver the goods as promised.
Defendant
Meaning: The defendant is the person, company, or organization being sued.
Example sentence: The defendant filed a motion to dismiss the case before discovery began.
Deposition
Meaning: A deposition is a formal interview under oath, usually conducted outside court, where lawyers ask questions and the witness’s answers are recorded.
Example sentence: During the deposition, the witness answered questions about the company’s internal emails.
Discovery
Meaning: Discovery is the pre-trial process where both sides exchange information and evidence.
Example sentence: During discovery, the plaintiff requested contracts, emails, reports, and meeting notes from the defendant.
Interrogatories
Meaning: Interrogatories are written questions that one party sends to the other party during discovery, and which must be answered in writing.
Example sentence: The defendant answered the interrogatories by explaining who was involved in the contract negotiations.
Jury
Meaning: A jury is a group of ordinary citizens selected to hear evidence and decide facts in a trial.
Example sentence: The jury listened to the witnesses and then decided whether the defendant was liable.
Motion
Meaning: A motion is a request asking the court to make a decision or issue an order.
Example sentence: The defendant filed a motion to dismiss, arguing that the plaintiff had not stated a valid legal claim.
Plaintiff
Meaning: The plaintiff is the person, company, or organization that brings a lawsuit.
Example sentence: The plaintiff claimed that the defendant breached the contract by refusing to pay.
Relief
Meaning: Relief is what a party asks the court to provide, such as damages, an injunction, or another remedy.
Example sentence: The plaintiff requested relief in the form of damages and an order requiring the defendant to perform the contract.
Settlement
Meaning: A settlement is an agreement between the parties to resolve a dispute without continuing to trial or appeal.
Example sentence: The parties reached a settlement after discovery showed that trial would be expensive and uncertain.
Summary Judgment
Meaning: Summary judgment is a court decision made before trial when there is no genuine dispute about the important facts and one party is entitled to judgment as a matter of law.
Example sentence: The defendant asked for summary judgment, arguing that the facts were not disputed and the plaintiff had no legal basis to win.
Discussion Question
How does the lawsuit process in your jurisdiction compare with the United States?
Is discovery as broad? Are juries used in civil cases? Do most cases settle before trial? Are appeals focused mainly on legal errors, or can appellate courts reconsider the facts?
Understanding these differences can help international lawyers communicate more effectively across legal systems.
Transcript
Let me ask you a question: If a client in the United States says, “We may need to file a lawsuit,” do you clearly understand what happens next? Many international lawyers know legal English, but do not fully understand the step-by-step process of a U.S. lawsuit. This can make it difficult to advise clients, follow legal documents, or communicate with U.S. lawyers.
In today’s episode, we’ll fix that. I’ll walk you through a lawsuit in the United States step by step, using clear language and key legal terms.
Greetings, colleagues, and welcome to the 4 Legal English Podcast, where legal professionals around the world improve their legal English and communicate with more clarity and confidence. On the docket today: how lawsuits work in the United States—a step-by-step guide for international lawyers.
Overview of a U.S. Lawsuit
Let’s begin with a simple overview. A lawsuit in the United States usually follows these stages: filing the complaint, the defendant’s response, discovery, motions before trial, settlement or trial, and appeal. As we go through each step, I will explain the key legal terms.
Before we begin, let’s define the main people involved. The plaintiff, sometimes called the claimant, is the person or company that brings the case. The defendant, sometimes called the respondent, is the person or company being sued. The defendant is defending or responding to the lawsuit.
Of course, you might also have the judge, who manages the case and applies the law. In some cases, you have a jury: a group of ordinary people who may decide the facts. Depending on the jurisdiction, the jury could include six or twelve people, often with one or two alternates who sit through the entire trial but may be dismissed before deliberations.
Step 1: Filing the Complaint
The lawsuit begins when the plaintiff files a document called a complaint. The complaint explains what happened—in other words, the facts—what legal claims are being made, and what the plaintiff wants. This is called the relief. What is the plaintiff asking the court for?
The relief is usually money, called damages, or sometimes another legal remedy. For example, the plaintiff may want the defendant to apologize, set the record straight, or perform a contract. This step is often called filing a lawsuit or filing a claim.
The legal document has to be filed with the clerk, usually in the clerk’s office. It is then given a docket number or case number and is usually assigned to a judge at that time, depending on the court system. After that, it has to be formally served on the defendant.
Service may be completed through a formal process server, where someone approved by the court hands the document to the defendant or to a representative of the defendant’s company, if the defendant is a corporation. There are also several other ways to perform service. Often, formal service is waived by the defendant.
During law school, I worked as a law clerk and helped one of the partners on a case. There were something like eighteen defendants or co-defendants because each had a claim on the real property. We had to get all of those defendants served, which was difficult: we had to track them down, make sure they were formally served, and so on. The moral of the story is that service can sometimes be very difficult or tricky, and it is certainly something you have to plan for.
Step 2: The Defendant’s Response
After the claim is filed, the defendant must respond in writing. The response is usually called an answer. In the answer, the defendant admits or denies the allegations and may present defenses. For example: “This is not true,” or, “Even if true, I am not legally responsible.”
Sometimes, instead of answering, the defendant files a motion to dismiss. A motion is a request to the court. It may be formal and in writing, or it may be made orally during open-court proceedings. A motion to dismiss argues that even if the facts are true—even if everything the plaintiff alleges is true—there is still no legal case. Therefore, there is no reason for the court to continue the case, and the case should be dismissed.
Another way to think of it is this: for the sake of argument, the defendant agrees to everything the plaintiff says, but there is still no claim. There is still no legal case, so the defendant asks the court to dismiss it. Depending on the claim, there may be certain statutory requirements for what is required in a motion to dismiss and what the plaintiff must prove to get past that stage.
Step 3: Discovery
Discovery is one of the most important stages. Discovery is the process where both sides exchange information. The goal is simple: to understand the facts before trial.
There are several common discovery tools: document requests, where each side asks for relevant documents; interrogatories, which are written questions that must be answered in writing; and depositions. A deposition is a formal interview under oath that is recorded. It may be audio recorded, or a court reporter may be present to type out the questions and answers. Usually, this happens outside of court. Lawyers ask questions, and the answers can be used later at trial.
Discovery in the United States is often much broader than in other countries. This is one of the most unique features of the U.S. legal system. The idea is that we do not want trial by ambush. By having discovery, both parties and their lawyers should have a good idea of what will be proven or what evidence might be presented at trial. If they know that in advance, most of the time they probably do not need to go to trial because they can anticipate the evidence and may decide to settle.
In movies, especially David-versus-Goliath lawsuits, a large corporation might respond to discovery with a room full of documents. Before electronic documents, that might have meant literally one hundred boxes of files. Even today, the same problem can arise with electronic documents. The “smoking gun” document may be somewhere in the production, but it can be buried in a mountain of paperwork. It may help the plaintiff’s case, but only if the plaintiff can find it.
In some lawsuits, the goal is almost to get to discovery. The plaintiff may think, “If I can get to discovery, I’ll get the emails, the reports, the decisions from meetings, or the meeting minutes, and that will prove my case.” When plaintiffs file a claim, they may be counting on reaching discovery, where they can obtain documents that are useful—or even vital—to their case.
For many companies defending a case, the goal may be to settle before discovery or win a motion to dismiss so they do not have to deal with discovery. Even if a company is acting in good faith, once the case reaches the discovery phase, there may be a lot of work to do. If the defendant is a large corporation and discovery is broad, it may take many hours to collect documents, review them, decide whether they are discoverable, and determine which documents must be turned over.
Step 4: Motions Before Trial
Before trial, lawyers often file motions. These are requests asking the court to make a decision. We already talked about a motion to dismiss, but there could be other motions as well. For instance, the parties may ask what evidence should be allowed or not allowed at trial, or which witnesses should be allowed or not allowed to testify.
If there are questions of law before trial, the parties will often try to have those questions decided before trial. Sometimes the judge has to wait and make a decision based on the facts produced at trial. But if the issue does not depend on disputed facts, and the parties largely agree on the relevant facts, then it is easier for the court to decide questions of law before trial begins.
This is often better for the lawyers because they then know which arguments to make and which evidence to present. Depending on the motion, it may be decided orally in court. At a court hearing, the lawyers make their arguments, the judge may ask questions, and the judge may make a decision from the bench. Other times, the judge may take the matter under advisement and later issue a written ruling.
A motion may also be argued on paper rather than in person. One side files a written motion, the other side responds, and the judge issues a ruling. Of course, it can also be a mix of both. A motion might be raised orally in court, the judge may listen to argument, and then the judge may say, “This is a serious decision,” or, “This is a novel area of law, so I am going to ask both sides to submit briefs on their arguments and the case law that supports them.” The judge will then later issue a written ruling.
Some motions are more administrative, such as motions about when the trial should be held or when a particular procedural step should occur. But many motions concern the questions of fact and questions of law on which the case turns. If one side is winning these motions, it may have a stronger hand when making or receiving a settlement offer. If you realize you are losing all of the motion hearings before trial begins, you are probably going to be more willing to make a generous settlement offer to avoid trial.
Step 5: Settlement
Here is something very important: most cases do not go to trial. Instead, they end in a settlement. A settlement is an agreement between the parties to resolve the case. For example, one side may agree to pay money, and both sides agree to end the dispute.
Settlement is often preferred because it saves time, reduces costs, and avoids uncertainty. If you go to trial—especially a jury trial—you never know what will happen. You never know what amount the jury may award, and you do not know what the judge may do with that award. The judge may reduce it.
Although settlement appears here as Step 5, in practice settlement is often considered between each step—and, of course, before the case even begins. Before filing a claim, many lawyers reach out to the other side, especially if the other side already has a lawyer, and try to negotiate a settlement. The idea is that if the parties can reach a settlement, they do not need to file a complaint or even start the court process.
Even after the complaint is filed, the parties may negotiate a settlement. At each stage of the case, lawyers often try to reach an agreement. Sometimes the judge may facilitate this. Judges usually want to move cases along quickly, and they may suggest a recess so the parties can talk. If the parties reach a settlement, the case does not need to go to trial, which saves time and removes another case from the judge’s docket.
Settlement can happen right up until trial. It can happen during trial. It can even happen after the jury retires to deliberate. The parties may settle, and we may never find out what the jury’s decision would have been. In short, settlement can happen at almost any time in the process.
Step 6: Trial
If the case does not settle, it goes to trial. At trial, both sides present evidence, witnesses may testify, and lawyers make legal arguments. In many U.S. cases, a jury decides the facts. The jury decides what actually happened and, sometimes, whether the defendant is liable and what amount of damages should be awarded. The judge controls the legal process, answers questions of law, and ensures that the law is applied correctly.
The trial usually starts with voir dire, where the lawyers and the judge choose the jury for the case. They begin with a large panel, ask questions, and eventually end up with six or twelve jurors, depending on the state and type of case, usually with one or two alternates.
If the case is especially important or expected to be long, there may be more alternates. The court does not want to go through a three-week trial only to have one or two jurors become unavailable partway through, which could require starting the trial again.
After the jury is selected, the plaintiff and defendant usually make opening statements. Then the plaintiff presents evidence, and the defense presents its evidence. There may be a rebuttal or surrebuttal. The parties then make closing arguments, and the jury decides the case. If there is no jury, the judge decides.
Step 7: Appeal
After trial, one party—or both parties—may file an appeal. An appeal means asking a higher court to review the decision. An important point is that appeals usually focus on legal errors, not facts. The appellate court asks whether the trial court applied the law correctly.
If the dispute is about a question of fact, the appellate court probably will not help. For example, if one witness said something and the appealing party argues that the witness was not credible, the appellate court generally will not re-evaluate that. The appellate judges were not in the courtroom. They did not see the witness, hear the witness’s voice, or observe the testimony directly.
Instead, the appellate court will review the transcript. If the judge or jury found the witness credible, that was generally their decision to make. If the evidence was sufficient to support a finding of liability—or, in a criminal case, guilt—the appellate court is unlikely to change that ruling.
But if the issue is a question of law—for instance, whether a witness should have been allowed to testify, or whether a witness was wrongly excluded—that is different. Those are decisions made by the judge, not the jury, and the appellate court may review them. The appellate court might conclude that the judge made an error and that, because of the error, the trial was not fair.
In criminal cases, a common reason for appeal is ineffective assistance of counsel. In other words, the defendant’s appellate lawyer argues that the defendant’s trial lawyers did such a poor job that it was as if the defendant did not have counsel at all. Because representation by counsel is a constitutional right, the argument is that the defendant’s rights were violated.
When I talk to lawyers in Europe, especially criminal defense lawyers, they often do both trial work and appellate work. In the United States, that is much less common, because one of the main reasons for appeal is to blame the trial lawyer or defense attorney at the trial level. For that reason, defendants often switch lawyers for the appeal process.
Of course, in civil and criminal cases, appeals can be expensive. In a civil case, the court may require the losing party to post a bond or make some kind of payment. Even if the case is pending because of the appeal, the losing party may still have obligations. And if you are the party expecting to receive money from the defendant, you may not receive it until the appeal is over. Appellate lawyers are often expensive, and the process can take a lot of time and money.
Key Features of the U.S. Legal System
Let’s step back and look at the big picture. Three important features of U.S. litigation are the adversarial system, a strong discovery process, and the use of juries.
In the adversarial system, each side presents its case. Each side has a lawyer or team of lawyers, and the judge is neutral. The judge should not take sides. The judge may ask questions and ensures that the law is followed correctly.
The United States also has a strong discovery process, involving a broad exchange of information. Finally, ordinary citizens often decide cases through the jury system.
Key Stages: Putting It All Together
Now let’s look at a simple example. A company agrees to deliver goods but does not deliver them. Here is what might happen: the buyer files a complaint, the seller files an answer, both sides exchange information during discovery, and the case may settle or go to trial.
The key stages are the complaint, the answer, discovery, motions, settlement or trial, and possibly appeal. Understanding this process will help you work with U.S. lawyers and U.S. clients, understand legal documents from the United States, and advise international clients.
Lexicon
Here are some important legal English words and phrases from today’s episode: allegation, answer, appeal, complaint, damages, defendant, deposition, discovery, interrogatories, jury, motion, plaintiff, relief, settlement, and summary judgment.
If you want to learn more about these terms, you might want to check out our course, Elemental Legal English, where we go into many of these terms in much more detail. Or go to the episode brief at forlegalenglish.com/podcast and look for today’s episode. You’ll find longer explanations and examples of these terms.
Thanks for listening to the 4 Legal English Podcast. For our episode briefs, articles, and courses, visit forlegalenglish.com. If you enjoyed the episode, follow the show and share it with a colleague. And remember: this podcast is for educational purposes only and does not provide legal advice.
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