How Does a Lawsuit Get Filed in Civil Court in Florida?
If you’re considering legal action or have been threatened with one, it’s important to understand how lawsuits are filed in civil court in Florida. Whether it’s a contract dispute, a personal injury case, or a business conflict, the civil litigation process begins the same way: with a lawsuit filing.
As experienced Florida civil trial lawyers, we walk clients through this process every day. Below is a step-by-step breakdown of how a civil lawsuit begins—and what to expect.
Step 1: Drafting the Complaint
The process begins with the plaintiff (the person filing the lawsuit) preparing a legal document called a Complaint. This document outlines:
- The facts of the case
- The legal basis for the claim
- What the plaintiff is asking the court to do (usually monetary compensation or other relief)
A civil litigation attorney ensures the Complaint is properly drafted to comply with Florida court rules and jurisdictional requirements.
Step 2: Filing the Lawsuit in the Appropriate Court
Once the Complaint is ready, it is filed with the clerk of court in the appropriate county court or circuit court depending on the value and nature of the case.
- Claims under $50,000 typically go to county court
- Claims over $50,000 are generally filed in circuit court
Filing officially begins the civil case and generates a case number and docket.
Step 3: Issuing the Summons
After the Complaint is filed, the court issues a Summons—an official notice telling the defendant they’ve been sued and must respond. The Summons, along with a copy of the Complaint, must be properly delivered to the defendant.
Step 4: Service of Process
This is called service of process. Under Florida law, the Summons and Complaint must be personally delivered to the defendant by:
- A sheriff
- A certified process server
- Or in some cases, substituted service (such as to a registered agent for a business)
Once served, the defendant has 20 calendar days to file a response (called an “Answer”) with the court.
Step 5: The Defendant Responds
The defendant has a few options:
- File an Answer admitting or denying the allegations
- File a Motion to Dismiss
- Possibly file a counterclaim or third-party complaint
Your civil trial lawyer will help you respond strategically—whether you’re filing or defending the lawsuit.
Step 6: Discovery Begins
Once both sides have filed their initial documents, the case enters discovery—a structured process where both sides exchange evidence. This may include:
- Interrogatories (written questions)
- Requests for Production (documents and records)
- Depositions (sworn testimony under oath)
- Subpoenas (legal orders for evidence or testimony)
Discovery is a critical phase in preparing for trial or settlement.
Step 7: Mediation and Settlement
In Florida, most courts require mediation before a case goes to trial. This is a structured negotiation led by a neutral mediator. In many cases, lawsuits settle at this stage without the need for trial. Your Florida litigation attorney will negotiate on your behalf to secure the best possible outcome.
Step 8: Trial (If Necessary)
If the case does not settle, it moves forward to trial—typically in front of a jury, though some cases may be bench trials (decided by a judge). Trial can last days or weeks, depending on the complexity of the case.
How Long Does It Take to Resolve a Civil Lawsuit in Florida?
The timeline for a civil case in Florida varies but typically ranges from 9 months to 3 years depending on:
- The court’s calendar
- The complexity of the case
- How cooperative the parties are in discovery
- Whether the case settles before trial
Speak to a Florida Civil Trial Lawyer Today
Filing or defending a lawsuit is a serious legal matter. Whether you’re seeking justice or protecting your interests, having an experienced civil litigation attorney in Florida can make all the difference.
Contact our law firm today to schedule a consultation with a seasoned Florida civil trial lawyer who can guide you through the process and fight for your rights in court.
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