1/10/2023 0 Comments It takes two suedRegardless of the type of lawsuit, or the location in which you file it, there are some delays that can occur despite your best intentions. When these cases do require more time, it is almost always because the defendant cannot be located and/or actively avoids being served in a timely manner. In fact, Small Claims cases process so rapidly that the DCA reports most cases are heard, and resolved, within just 30 to 40 days. This is because the average small claims lawsuit requires only a single court date nearly everything else is handled outside of the courtroom by the defendant and/or the plaintiff. Small Claims cases are also much more likely to process rapidly instead of taking several years to reach a culmination. How long does it take to sue someone in small claims court? The median time for these cases sits at around one to two years state-wide. Still, even these more sensitive cases, a fast resolution is rare. It is in the best interest of everyone involved if a resolution comes quickly. Or, they may be suing an insurance company to compel them to cover a certain treatment. The individual suing may be seeking compensation for medical care and/or living expenses due to being unable to work. Similarly, personal injury and medical malpractice cases are often processed as quickly as possible. Failure to secure custody arrangements and/or alimony payments in a timely manner is almost always negative, especially when the parents involved disagree on the terms. This is both because they are so common (high-volume) and because of the need to limit indirect harm to children and/or ex-spouses. The evidence associated may require months or years of investigation.Ĭustody cases and divorce cases often process much faster through the civil court. This system ensures the case reaches trial within no more than 365 days after the initial lawsuit is filed by the plaintiff.Ĭases involving more money, non-monetary compensation, or some other level of increased complexity in litigation are not fast-tracked. This is why it’s not always easy to define how long it takes to sue someone.įirst, nearly all cases involving between $10,000 and $25,000 in compensation are placed on California’s “Fast Track” system. However, there are other influences that may result in faster processing times. The statistics we listed above aren’t exact, but it’s safe to assume that most cases will resolve before the five-year mark. According to the report, nearly all of these cases resolved within a maximum of five years. This is over 300 days longer than the median average for Los Angeles despite the fact that San Jose has only 1/4 of the population.Ī small number of lawsuits, including most class action lawsuits, lawsuits against the government, and lawsuits involving millions of dollars in compensation, can take significantly longer to process due to the level of information and evidence associated with them. Cases processed through the Sixth District in San Jose had a much, much longer median time of around 731 days, or around two years. The 2017 California Court Statistics Report also indicates that your location can significantly impact how long it takes to process your case. Although this number might be significantly higher, it’s also much more likely to be accurate for predictions because it looks at the maximum resolution time for all cases, regardless of case specifics. The same document reports that 90 percent of all cases filed are officially resolved within 842 days (around 2.5 years). According to statewide statistics, the average time for a civil case to process from notice of appeal through to resolution is approximately 500 days (1.5 years). To better understand how long most civil court cases take to process in the state of California, we turn to the 2017 California Court Statistics Report. Then, we’ll reveal how certain aspects of your case influence resolution times and what you can do to limit any potential holdups. We’ll start by discussing these timeframes first. Most courts, including the civil court, do follow a fairly reliable timeline if you look at statistics from past cases. It can, however, help you to estimate the average length of time it takes to process similar lawsuits through California’s Civil Court. Given these influences, it is important to understand that the answers contained within this guide should not be considered legal advice. ![]() ![]() Other less predictable variables, such as whether the other party cooperates or attempts to hide from the court, are difficult or even impossible to predict. ![]() Conclusion How Long Does It Take to Sue Someone?Ĭase specifics, such as what you are suing for (or being sued for) and the value of compensation being requested, can impact the length of time it takes to process your lawsuit through the civil court.
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