What a civil lawsuit is

A civil lawsuit is any court case that is not a crime. One side asks the court to make the other side pay money, give back property, keep a promise or stop doing something.

The fight might be with a neighbor, a landlord, a tenant, a business partner, an insurance company or another business. Harjot Singh Padda, JD, handles cases on both sides.

Some people come to us holding court papers. Others come with a contract and a stack of unpaid bills, asking if a lawsuit makes sense. Either way, the first steps are the same. We read your papers. We find out what the law lets you claim or defend. And we find your deadline.

How a Missouri lawsuit works, step by step

Most St. Louis lawsuits are filed in the county circuit court. The Missouri Supreme Court sets the rules for each step. Here is the usual order:

1. The petition. The person suing files a paper called a petition. It tells the court what happened and what they want.
2. Service. A sheriff or other adult hands the court papers to the person being sued.
3. The answer. If you are sued, you usually have 30 days to file a written answer. You can also first ask the court to throw the case out for certain reasons.
4. Defenses. Some defenses, like “you waited too long to sue,” must be written in your answer. If you leave them out, you can lose them.
5. Fact-finding. Each side must share evidence with the other. Lawyers call this “discovery.” More on it below.
6. Motions. Either side can ask the judge to decide the case early if the key facts are not in dispute.
7. Mediation. The judge may send you to a meeting with a neutral person to try to settle.
8. Trial. A judge or jury hears the evidence and decides.
9. Appeal. The losing side can ask a higher court to review the case. The deadlines for this are very short.

One more right to know about: each side can ask for a different judge once, without giving a reason. You must ask early, usually within 60 days after you are served (Rule 51.05).

Sharing evidence: what the other side can ask for

Most cases are won or lost on evidence. In Missouri, each side can ask the other for anything that matters to the case, as long as the request is reasonable. Here are the main tools:

• Written questions. The other side can send you up to 25 written questions. You answer them under oath.
• Depositions. A witness answers questions under oath in front of a court reporter. It usually lasts no more than one day of seven hours.
• Document requests. You may have to hand over papers, emails, texts and computer files.
• Requests to admit. The other side can ask you to admit facts. If you do not answer on time, the court may treat the facts as admitted.
• Penalties. A side that refuses to share can be ordered to pay the other side’s legal fees. In serious cases it can lose the case.

What this means for you: save everything. Do not delete emails, texts or files once a dispute starts to look serious.

Deadlines can end a case before it starts

Every kind of claim has a time limit for filing. If you file too late, the court will usually throw the case out, even if you were clearly wronged.

The clock usually starts when the harm happens and can be measured. That is not always the day the promise was broken. Each page below explains the deadline for that type of case.

Which court hears your case

Cases from St. Louis City, St. Louis County and St. Charles County are appealed to the Missouri Court of Appeals, Eastern District. Some cases belong in federal court instead. The firm handles those too. See federal court litigation and state court vs. federal court. If your claim is small, small claims court may be a better fit.

Our civil litigation practice areas

Each page below covers one type of dispute. It explains the law in plain words, your deadline, and what to do next.

Common questions

Related reading

• Federal court litigation
• Business and corporate law
• State court vs. federal court
• Missouri small claims court
• About Harjot Singh Padda, JD