Information for people and businesses who have been sued.
This page provides general background on what it means to be a defendant in a civil lawsuit — including the basic stages, common deadlines, and the importance of responding promptly to legal papers. It is not legal advice for any specific situation.
Being served and the response window.
A civil lawsuit usually begins when the plaintiff files a complaint and serves it on the defendant along with a summons. The summons sets a deadline to respond — often 21 or 30 days in federal court, varying widely by state and case type.
Missing this deadline can lead to a default judgment, which can be difficult to undo. Even if the lawsuit looks frivolous or the plaintiff seems unlikely to follow through, ignoring legal papers is rarely a safe choice.
Pleadings, motions, and discovery.
A defendant typically responds with an answer (admitting or denying allegations and raising defenses) or a motion (such as a motion to dismiss). Filing strategy depends on the strength of the claims, available defenses, and procedural posture.
After pleadings, the case enters discovery — the formal exchange of documents, written questions (interrogatories), and depositions. Most cases settle during or after discovery; relatively few go to trial. Discovery deadlines, scheduling orders, and case management rules drive the day-to-day pace of litigation.
Insurance and defense counsel.
Many lawsuits trigger insurance coverage — homeowner, auto, commercial general liability, professional liability, directors and officers, employment practices liability, and others. A defendant's first call after being served is often to their insurance carrier, which may have a duty to defend the claim.
Even where insurance does not apply, retaining defense counsel early generally helps preserve options and meet procedural deadlines. Many defense attorneys offer initial consultations, and some defense work is handled on hourly, flat-fee, or insurance-funded arrangements.