The thing most people wonder about when they consider a lawsuit is: How long will this take?
In Idaho, civil cases, whether it be personal injury, contract disputes, or property damage, can be very different in terms of length. The length will depend on complexity, court backlog, and how willing both sides are to settle.
In this article, we will explore what stages civil cases in Idaho typically go through, and the factors which determine how long it takes – from the moment of filing to the moment of resolution.
Overview of Civil Lawsuits in Idaho
A civil lawsuit is when two private parties, such as individuals, businesses, or organizations, are in a legal dispute. They would be seeking compensation or another form of legal remedy.
Common civil cases include:
- Personal injury claims, such as car accidents, or slip-and-fall cases.
- Contract disputes.
- Property damage or real estate conflicts.
- Wrongful death claims.
For claims over $10,000, the cases would be filed in Idaho district courts, and for smaller claims—in magistrate courts.
The timelines can vary greatly, but what helps set realistic expectations is understanding each stage.
Stages of a Civil Lawsuit in Idaho
- Filing and Response
- The process will begin when the plaintiff files the complaint, then serves it on the defendant.
- Then, the defendant will usually have 21 days to respond.
- In the event the defendant fails to respond, the plaintiff can request a default judgment, which could end the case quickly.
- If the defendant responds, the case will move into discovery.
- Discovery Phase
- The discovery phase is when both sides will exchange information, evidence, and witness statements.
- Discovery often takes six months to over a year – it highly depends on how complex the case is.
- Common discovery tools are document requests, interrogatories, and depositions.
- When there is a dispute between the parties involved, or scheduling issues arise, delays are possible.
- Settlement discussions will often happen either during or after discovery.
- Pretrial Motions and Hearings
- Before trial, attorneys may file motions, whether it be to dismiss the case, to exclude evidence, or to request summary judgment.
- These motions could resolve the case early, but they could also add several months to the process, depending on court availability and complexity.
- Trial
- In the event the case goes to trial, you should expect several days to a few weeks – this will depend on witnesses and any potential issues that may arise.
- Most civil trials in Idaho are bench trials – that means they happen before a judge. However, parties can request a jury trial.
- Scheduling will largely depend on court calendars in your county.
Settlement vs. Trial Timeline
Approximately 90% of civil cases in Idaho settle before trial. If the case is rather straightforward, it might settle in 3-6 months. If it is a contested or high-value case, it could take a year or more.
Settlements are most frequently reached either after discovery or during mediation. Idaho courts encourage mediation, as it saves time and expenses.
If the case proceeds to trial and possible appeals, the timeline could be extended to over two years.
This is where working with an experienced attorney can help you significantly. From streamlining the process to identifying opportunities for early resolution, having legal representation can make all the difference in your case.
Factors That Affect the Timeline
These are the factors that can either prolong or shorten a civil case:
- How complex the issues are, such as medical evidence, multiple defendants, or expert witnesses.
- The court’s backlog – some Idaho counties face delays in scheduling.
- The availability of the witnesses and experts involved.
- Any disputes which arise during discovery, or incomplete evidence.
- How willing parties are to negotiate.
- Pretrial motions that require hearings or appeals.
Why You Should Seek Legal Help
An experienced Idaho attorney can leverage their familiarity with court systems and anticipate any issues which may arise, whilst keeping your case moving forward efficiently.
If you’re considering filing a lawsuit in Idaho, it’s essential that you understand the legal process behind it. At Bendell Law Firm PLLC, we work with clients like you every day in progressing their lawsuits swiftly.
Contact one of our seasoned attorneys today – we will guide you through each step, protect your rights, and work towards a timely resolution of your case. Let us know how we can help you – your success is our goal.