Does Civil Litigation Usually Take a Long Time?

While the duration of civil litigation can vary greatly depending on the complexity of the case, it typically involves several stages that can extend the timeline. These stages include the discovery process, settlement encouragement, and trial scheduling. Let's dive into each stage to understand why civil cases can drag on for months or even years.

1. The Discovery Process

After the pleadings are exchanged, the formal statement of each party's case, the next step is what is known as documentary discovery. This is the disclosure of all documents relevant to the case. These documents can include contracts, emails, medical records, and any other evidence that is pertinent to the case.

Following documentary discovery, there is oral discovery, also referred to as 'depositions' in the United States, where the parties sit down and answer a lawyer's questions about their case. This phase is crucial as it provides a comprehensive overview of the case from each party's perspective.

Additionally, reports from experts must also be disclosed. This extensive process ensures that both parties are fully prepared for trial and prevents what is known as 'trial by surprise.' Depending on the complexity of the legislation, this process can take months or even years. However, for complicated cases with intricate legal frameworks, the duration can be significantly longer.

2. Encouragement of Settlement

Unlike criminal trials, where the emphasis is on a thorough and adversarial process, civil litigation often focuses on resolving disputes without the need for a full trial. Judges tend to encourage settlements to avoid wasting time and resources. This effort is part of the broader principle of case management and pre-trial conferences.

Case management is a system designed to move the discovery process along and to address any issues that need to be resolved before trial. If there are disputes about what each party is supposed to do, the case management judge rules on them. During pre-trial conferences, the judge tries to get the parties to settle their differences out of court, making it easier with only one or two parties involved. However, in cases with multiple parties, such negotiations become significantly more complex.

3. Trial Scheduling

In large cities, such as the author's home town of Toronto, there are civil jury and non-jury trials almost every week. Despite this frequent activity, the courts can still only hear a limited number of trials due to the availability of judges and courtrooms. In smaller centers like Brampton, they organize 'sittings' where a few weeks are set aside specifically for jury or non-jury trials, further complicating the scheduling.

For Toronto practitioners, finding a date for all lawyers that doesn't conflict with other commitments is virtually impossible for the next two years. This is because double-booking is now prohibited, ensuring fair scheduling for all parties involved.

Conclusion

While it is often acknowledged that civil litigation can take a long time, it is important to understand the underlying reasons. The extensive discovery process, the encouragement of settlements to save time and reduce costs, and the practical challenges of scheduling trials all contribute to the extended timelines of civil cases. Understanding these factors can help parties in civil litigation anticipate the time commitment required and plan accordingly.