Step 1: Filing the lawsuit

The lawsuit is called a complaint. It must explain three things: why this court can hear the case, what happened and why the law gives you a right to relief, and what you are asking for.

Short is fine, but vague is not. The complaint must state facts that make the claim believable. A statement like “they broke the law” with no facts behind it will be thrown out. The Supreme Court set that standard in 2009.

The lawyer who signs a filing promises it has a real basis in law and fact. Filings without that basis can lead to penalties.

If the case is in federal court because the sides are from different states, each side also files a short form listing its home state.

Step 2: Serving the lawsuit and getting a response

Delivering the lawsuit is called service. The person being sued can also agree to skip formal service. If they do, they get more time to respond.

Instead of answering, the other side can ask the judge to dismiss the case. Common reasons are that the court has no power over the case, the lawsuit was filed in the wrong place, or the complaint does not state enough facts.

Asking for a jury

If you want a jury, you must ask in writing. The deadline is 14 days after the last main court paper on that issue. If you miss it, you lose the right to a jury. In St. Louis federal court, the words “JURY TRIAL DEMANDED” go in the top right corner of the first page.

Step 3: The planning meeting and the schedule

Before the sides can ask each other for evidence, the lawyers must meet. This is often called the “Rule 26(f) conference.” They talk about the claims, the chance of settlement, saving evidence and a plan for sharing information. They send the judge a written plan within 14 days.

Each side must then share basic information without being asked. That includes names of people who know about the case, key papers, how damages were figured, and any insurance.

Case tracks in the St. Louis federal court

Every case is put on a track. The track sets how fast the case is expected to move.

• Track 1, fast: expected to finish within 12 months.
• Track 2, standard: expected to finish within 18 months.
• Track 3, complex: expected to finish within 24 months.
• Tracks 4 and 5 cover certain government appeals and prisoner cases.

The judge then issues a scheduling order with every deadline. Unless there is a good reason to wait, it must come within 90 days after any defendant is served or 60 days after any defendant appears, whichever is sooner. After that, deadlines change only for a good reason. Ignoring the order can lead to serious penalties, including losing the case.

Step 4: Sharing evidence

This stage is called discovery. Each side can ask the other for information, papers and testimony. The request must relate to the case. It must also be reasonable for the size and importance of the case.

Disagreements are common. But in St. Louis federal court, you cannot just file a complaint about it. The lawyers must first talk in person or by phone and try to work it out. Letters and emails alone are not enough.

Step 5: Written motions and summary judgment

Most requests to the judge are made in writing. In St. Louis federal court, the timing is set:

• The side asking files a written brief with its request.
• The other side has 14 days to respond.
• The first side has 10 days to reply.
• Briefs are limited to 15 pages unless the judge allows more.

The most important request in many cases is for “summary judgment.” It asks the judge to decide the case without a trial. The judge grants it only if the key facts are not really in dispute and the law clearly favors one side. It can be filed until 30 days after discovery closes, unless the judge sets another date. The side asking must list each key fact in a numbered list with proof.

If the case survives, it heads toward trial. Many cases are sent to mediation first. In mediation, a neutral person helps both sides try to settle. Everyone must attend and take part in good faith.

Why the steps matter

Federal cases are rarely lost in one dramatic moment. They are lost on missed steps: a jury request filed late, a defendant never served, a response that does not answer each fact. Harjot Singh Padda, JD plans for each of these rules from the first day.

Common questions

Related reading

• Federal court cases
• Federal appeals
• Civil lawsuits
• State court vs. federal court