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The Lawsuit Timeline: What Really Happens Between Filing and Trial (And Why It Takes So Long)

By April 24, 2025No Comments

If youโ€™ve ever been involved in a lawsuitโ€”or are thinking about filing oneโ€”you might be asking yourself, โ€œWhy does this take so long?โ€ Thatโ€™s a fair question. Whether it’s a business dispute, a real estate conflict, or a contract gone wrong, most people are surprised by how much time passes between the moment a lawsuit is filed and the day it finally reaches trial (if it gets there at all).

At Ayala Law, we guide our clients through this long and often confusing process. In this article, weโ€™ll break down what actually happens between filing and trial, explain why lawsuits take so long, and give you a realistic picture of what to expect.

How Long Does a Lawsuit Take in Florida?

If youโ€™re Googling โ€œhow long does a lawsuit take in Florida?โ€โ€”youโ€™re not alone. This is one of the most common questions we get.

Short answer: Anywhere from several months to several years depending on the type of case, the court’s schedule, and how the other side behaves.

The legal system is not fast by design. It’s slow on purposeโ€”to give both sides a chance to gather evidence, make arguments, and prepare thoroughly. While this makes the process more fair, it also makes it take time.

What Happens After a Lawsuit Is Filed?

Once your attorney files the lawsuit (also known as a complaint), youโ€™ve officially started the legal process. But the case doesnโ€™t just get a court date right away.

Hereโ€™s what happens next:

Step 1: Service of Process

This is where the other side (the defendant) is formally notified that theyโ€™re being sued. They have 20 days to respond in Florida state court. If they dodge service or delay, this step alone can drag out.

Step 2: Defendant Responds (or Doesnโ€™t)

If the defendant files an Answer, they officially respond to the allegations. But they may also file a Motion to Dismiss to try to get the case thrown out early, which can take weeks or months for the court to hear and decide.

Why Does Discovery Take So Long?

โ€œWhy is my lawyer sending so many emails and requests?โ€ Youโ€™re probably in discovery, one of the longest and most critical phases of the lawsuit.

What Is Discovery in a Lawsuit?

Discovery is when both sides exchange evidence. Think of it as the legal version of building your case file: documents, emails, contracts, bank records, even sworn statements from witnesses (depositions).

Discovery Delays Are Common

This stage can take 6 months to over a year depending on:

  • How complex the case is
  • How cooperative (or uncooperative) the other side is
  • How many documents or witnesses are involved

Courts usually donโ€™t intervene unless things get extreme, so if the other side is dragging their feetโ€”it slows everyone down.

Can a Lawsuit Settle Before Trial?

Absolutelyโ€”and most do. Up to 95% of civil lawsuits settle before going to trial.

During the lawsuit, both sides may come to the table for:

  • Mediation (a court-ordered or voluntary attempt to settle)
  • Negotiation through their attorneys
  • Settlement offers exchanged during discovery

At Ayala Law, we advise clients not just on their chances at trial, but on when a strategic settlement makes more sense. Our job is to keep your best interest in mindโ€”whether that means going to court or closing the case early.

Why Is My Trial Date So Far Away?

If youโ€™ve been given a trial date thatโ€™s 12 to 24 months out, youโ€™re not being singled out. In Florida, court dockets are often overcrowdedโ€”especially in major counties like Miami-Dade, Broward, and Orange.

Reasons for Delayed Trial Dates:
  • Court backlog
  • Judge availability
  • Complexity of your case
  • Pending motions or discovery issues
  • Continuances (delays requested by either party)

We often tell clients: trial is not a straight line. It’s more like a winding road, and our role is to navigate every turn with clarity and strategy.

What Should I Do While Waiting for Trial?

This is a key question, and we always encourage our clients to stay proactive, not passive.

Hereโ€™s what you can do:

  • Stay in touch with your lawyer. Communication is key.
  • Gather any evidence you didnโ€™t provide earlier.
  • Let us know if new witnesses or facts come to light.
  • Be patient but stay informed. Ask for updates periodically.
  • Trust the process. Itโ€™s slow, but thereโ€™s a reason for each step.

We know itโ€™s frustrating, but a rushed case is rarely a strong case. Every filing, hearing, and strategy session is part of building your position.

Is There Anything My Lawyer Can Do to Speed It Up?

To a degree, yes. At Ayala Law, we stay on top of:

  • Filing motions on time
  • Pushing for hearings when the other side delays
  • Keeping communication flowing between parties
  • Being trial-readyโ€”because the other side can sense it

But some delays are beyond any lawyerโ€™s control, especially when it comes to the court’s calendar.

The Real Reason Lawsuits Take So Long

Behind every lawsuit is a mix of:

  • Human behavior (cooperation or lack thereof)
  • Legal complexity
  • Strategic decision-making
  • Limited judicial resources

Itโ€™s not that lawyers or judges donโ€™t care. Itโ€™s that the system is designed for fairness over speed. Still, with the right legal team, you can feel confident that progress is being madeโ€”even if itโ€™s not always visible.

Final Thoughts: Be Prepared, Not Surprised

If you’re entering a lawsuit or already in the middle of one, the most important thing to remember is this: Lawsuits are marathons, not sprints. But you donโ€™t have to run them alone. At Ayala Law, we handle the heavy lifting so you can focus on your life and business. Our clients trust us to not just fight for themโ€”but to keep them informed, supported, and ready for every stage of the process.

If you’re facing a legal dispute and need answers, contact an experienced attorney in Miami at 305-570-2208.

You can also contact trial attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].

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