Federal Litigation Moves from Case Review to Discovery and Trial

28 U.S.C. §§ 1331 and 1332 cover federal-question and diversity jurisdiction. Review venue, conflicts, and budget.

• Identify each defendant and the legal basis for the claim.
• Review jurisdiction, venue, and potential filing deadlines.
• Estimate filing, expert, and document-review expenses.

Related disputes may call for a broader civil litigation assessment.

Preserve evidence when litigation becomes reasonably anticipated. Demand letters generally do not pause filing deadlines.

• Preserve emails, messages, contracts, and transaction records.
• Identify witnesses and estimate provable losses.
• Consider settlement discussions without assuming they pause limitations periods.

Some claims also require notice or administrative steps before suit.

Rule 4(m) generally allows 90 days for service, subject to exceptions and extensions.

• Submit the complaint and required filing fee or fee application.
• Arrange valid service and retain proof of service.
• Calendar answers, Rule 12 motions, and court notices.

Service defects can delay the case even when the claims have merit.

A Rule 16 scheduling order sets deadlines for discovery and motions. Parties should also address privilege-log procedures early.

• Review the assigned judge's standing orders.
• Prepare a realistic discovery plan and proposed deadlines.
• Track conferences and requests to amend the schedule.

Rule 16(b)(4) generally requires good cause and court approval to change the schedule.

Parties generally confer at least 21 days before the scheduling conference or scheduling-order deadline. Initial disclosures ordinarily follow within 14 days, unless an exception applies.

The parties generally submit their discovery plan within 14 days after the conference, unless the court orders otherwise.

Rule 26(b)(1) limits discovery to relevant, proportional, nonprivileged matters. Rule 26(a)(2) governs expert disclosures, usually on the court's timetable.

• Plan requests for documents and electronically stored information.
• Coordinate interrogatories, depositions, and expert reports.
• Agree on how and when to describe withheld privileged or work-product material.

See discovery obligations for more on production disputes.

A Rule 12(b)(6) motion tests whether the complaint states a claim. Rule 56 can resolve claims without trial when no genuine dispute of material fact exists.

• Address pleading defects and applicable response deadlines.
• Support material factual positions with record evidence.
• Reassess settlement options after important rulings.

A partial ruling may narrow the remaining claims rather than end the action.

A judge may refer parties to mediation under local procedures, but not every case requires it. Binding arbitration generally needs an enforceable basis.

• Compare settlement terms with litigation costs and risks.
• Prepare documents needed for meaningful negotiation.
• Confirm confidentiality and approval requirements where applicable.

For separate resolution options, see mediation and ADR.

Final orders identify witnesses, exhibits, and disputed issues. A jury trial may include opening statements, witness examination, instructions, and a verdict.

• Meet pretrial disclosure and exhibit deadlines.
• Prepare witnesses and evidentiary objections.
• Confirm the trial format and courtroom requirements.

The separate federal court trial page addresses courtroom procedures in depth.

Depending on the trial and ruling, Rules 50, 52, or 59 may apply. FRAP 4(a) generally allows 30 days to appeal, or 60 days in qualifying federal-party cases.

• Identify which post-trial remedy is available.
• Calendar judgment and appeal-related dates.
• Assess whether a qualifying motion affects appeal timing.

Certain timely post-trial motions can reset the appeal clock; appellate review is not a new trial.