The Typical Life of a Florida Lawsuit (Complaint to Jury Verdict): A Practical Timeline

Serving clients across Florida—from Miami-Dade and Broward to Palm Beach, Hillsborough (Tampa), Orange (Orlando), Duval (Jacksonville), Leon (Tallahassee), and beyond—one question comes up constantly: “How long does a lawsuit take?”

The honest answer is: it depends. But Florida civil cases tend to follow a recognizable path. Below is a step-by-step, Florida-specific walkthrough of what usually happens in a state-court lawsuit—from the moment a Complaint is filed until a jury is empaneled and issues a verdict (if the case goes that far).

Not legal advice. This is general information about Florida civil procedure. Every case has unique deadlines and strategy issues.

1) Filing the Complaint: The Lawsuit Officially Begins

A Florida civil lawsuit typically starts when the plaintiff files a Complaint in the appropriate court:

·       Circuit Court (larger dollar amounts / broader jurisdiction)

·       County Court (certain smaller civil matters)

The Complaint lays out:

·       who is suing whom,

·       what happened (the “ultimate facts”),

·       the legal claims (counts/causes of action),

·       the relief requested (money damages, injunctions, declaratory relief, etc.).

The clock starts ticking: service of process

Filing alone is not enough—the defendant must be served.

Under Florida’s civil rules, if service of the initial process and pleading is not made within 120 days after filing, the court must require service within a specified time or dismiss without prejudice (unless the plaintiff shows good cause or excusable neglect, in which case the time must be extended).

2) Service of Process (or Waiver): Getting the Defendant into the Case

Most Florida defendants are brought in by:

·       personal service (usually by sheriff or process server), or

·       waiver of service by mail (more common in business disputes).

If a defendant signs a waiver before formal service, Florida’s rules provide an extended response timeline: the defendant is generally not required to respond until 60 days after receiving the waiver request.

3) The Defendant Responds: Answer or Motion to Dismiss

Once served, the defendant typically must respond quickly.

Common responses

A) Answer (most common): admits/denies allegations and asserts defenses.B) Motion to Dismiss: challenges legal sufficiency (or jurisdiction, venue, etc.).C) Other motions: more definite statement, strike, etc.

Key Florida deadline (typical)

Florida’s rules provide that an answer is generally due within 20 days after service of the initial process and pleading (with specific variations for certain pleadings and circumstances).

Practical reality in Florida (Miami, Fort Lauderdale, West Palm, Tampa, Orlando, Jacksonville): early motion practice can shape the case, narrow claims, or force amendments.

4) Early Case Management: Court Orders That Drive Deadlines

Florida has leaned hard into case management in recent years. In many cases, the court will issue a Case Management Order that sets deadlines for things like:

·       mandatory disclosures (if applicable),

·       fact and expert discovery cutoffs,

·       mediation,

·       dispositive motion deadlines,

·       and a projected trial period.

Florida’s rules require courts in many cases to enter a case management order no later than 120 days after the Complaint is served (with additional structure depending on case type).

This matters because once that order enters, the “typical lawsuit” starts to feel very real: deadlines stop being theoretical.

5) Discovery: Where the Case Is Built (and Bills Are Made)

Discovery is the information-gathering phase—often the longest part of a Florida lawsuit.

Typical tools include:

·       Interrogatories (written questions)

·       Requests for production (documents, emails, texts, contracts, photos)

·       Depositions (sworn testimony)

·       Requests for admission

·       Subpoenas to third parties

In real life, discovery fights often revolve around:

·       relevance and overbreadth,

·       confidentiality/protective orders,

·       privilege logs (attorney-client, work product),

·       and scheduling depositions of key witnesses.

6) Motions That Can End (or Narrow) the Case Before Trial

Most Florida cases do not reach a jury. Common off-ramps include:

Dispositive motions

·       Summary judgment (asking the judge to rule there’s no genuine dispute of material fact and one side wins as a matter of law)

·       Motions based on jurisdiction/standing, etc.

Discovery sanctions / evidentiary motions

·       Motions to compel

·       Motions for protective order

·       Motions in limine (what evidence the jury can/can’t hear)

Even when these motions don’t end the case, they often reshape settlement value.

7) Settlement Efforts and Mediation: Florida’s Pressure Valve

Florida courts commonly require or strongly encourage mediation before trial. Many cases settle:

·       after key depositions,

·       after expert disclosures,

·       after a summary judgment ruling,

·       or right before jury selection.

Even in high-conflict litigation in places like Miami-Dade, Broward, Palm Beach, Hillsborough, Orange, Duval, and Pinellas, mediation frequently produces resolution because it’s the first time both sides face trial risk on a calendar.

8) Pretrial: The Final Checklist Before You Pick a Jury

As trial approaches, you’ll typically see:

·       pretrial stipulations,

·       witness and exhibit lists,

·       deposition designations,

·       proposed jury instructions and verdict forms,

·       motions in limine,

·       Daubert-type expert challenges (where applicable),

·       and a final pretrial conference.

This is also where trial themes get sharpened: what is the story the jurors will remember?

9) Jury Selection: Voir Dire and Empaneling the Jury

In Florida state court, the parties have the right to conduct a reasonable voir dire (oral examination) of jurors, while the judge controls order and boundaries.

Florida procedure also addresses:

·       challenges for cause (bias, relationships, inability to be fair),

·       peremptory challenges (limited strikes),

·       and alternate jurors (in case someone can’t continue).

Once the jury is selected and sworn, the case is no longer theory—it’s performance under pressure.

10) Trial: Opening Statements to Closing Arguments

A typical Florida civil jury trial flows like this:

1.     Jury is sworn

2.     Preliminary instructions

3.     Opening statements

4.     Plaintiff’s case-in-chief (witnesses, documents, experts)

5.     Defense case

6.     Rebuttal (sometimes)

7.     Charge conference / final instructions

8.     Closing arguments

9.     Jury deliberations

Florida law also directs trial judges to instruct jurors on their duties at key points (including after they’re sworn) and allows juror questions under controlled procedures.

11) The Verdict: When the Jury Decides

After deliberations, the jury returns a verdict—often on a verdict form with specific questions (liability, damages, comparative fault, etc.).

Florida’s civil rules include requirements for how certain verdict components must be stated—for example, when punitive damages are sought, the verdict must separately state punitive damages from other damages.

If the jury cannot legally reach a verdict, the court may declare a mistrial and the case may be retried (or settle in the aftermath).

Florida Lawsuit Timeline (Typical Ranges)

Every circuit and county is different, but a rough “Florida civil lawsuit timeline” often looks like:

·       0–4 months: filing → service → motion to dismiss/answer

·       4–14 months: discovery (written + depositions)

·       10–18 months: mediation / dispositive motions

·       12–24+ months: trial (if not resolved earlier)

Complex cases (commercial disputes, catastrophic injury, multi-party claims) can run longer—especially with heavy expert work.

FAQ: Common Florida Civil Litigation Questions

 

How long do I have to serve the defendant after filing a Complaint in Florida?

Generally, 120 days, subject to extensions for good cause or excusable neglect.

How long does the defendant have to respond after being served?

Typically 20 days after service (with exceptions and extensions depending on motions and other circumstances).

Do most Florida lawsuits go to a jury verdict?

No. Most resolve by settlement, dismissal, or pretrial rulings—trial is the exception, not the rule.