End a Civil Action without a Trial

Settlement of a Civil Action

Most cases end in a "settlement" rather than going to trial. A settlement is an agreement
between the parties to end the lawsuit. It is common for parties to talk about settling almost from
the start of the lawsuit. A case can settle at any time, including before filing the pleadings with
the Court.
Parties may be asked several times at different stages of the case to try to settle your dispute. he
!udge may re"uire both parties to meet or attend mediation to try to reach a settlement. he !udge
may also schedule a "Pre-Trial Conference" to talk with the parties about the trial issues and
evidence and take steps to speed up the actual trial. #ou should go to the Pre$rial Conference
prepared to offer a solution to settle the case, and be ready to consider settlement offers from the
other side. %ach time you go to court, including the final trial, you can e&pect the !udge to ask
you and the other party what you have done to try to settle the case.
A settlement allows the parties to find creative solutions that fit their needs, and also allows the
parties to have a "known" result in their case. 'oing to trial and letting the (udge or !ury decide
is always a gamble. If you and the other party reach an agreement before the trial day
contact the !udicial officer"s cler# right away$
%otions in Civil Actions
Pre-trial %otions
Pre$trial motions can resolve many important "uestions about your lawsuit. A motion is a written
re"uest served on the other party and filed with the court asking the !udge to make a decision on
a particular issue )e.g., what evidence can be admitted or e&cluded, who can testify as a witness,
etc.*. &'TE( he courts do &'T publish sample forms and instructions for pre$trial motions.
#ou should talk with a lawyer, or you may be able to find sample forms at a law library.
)ispositive %otions
+ispositive motions can end a case before trial if the !udge decides in favor of the party who
filed the motion. he following motions are dispositive,
%otion to )ismiss
A +efendant can serve and file a Motion to +ismiss the case when she believes that the
Plaintiff-s complaint is legally faulty in some way.
%otion for Summary *udgment
he purpose of a trial is to have the !udge or !ury decide what the facts are in a case. if the key
facts are not in dispute, there is no need for a trial.
A party can serve and file a Motion for /ummary (udgment if she believes that there are no
important facts in dispute and that the agreed$upon facts support a !udgment in her favor.
he Motion for /ummary (udgment asks the !udge to look at the undisputed facts and apply the
law to those facts, and argues that the law re"uires a !udgment in favor of the party who filed the
Motion for /ummary (udgment.
he party opposing a Motion for /ummary (udgment has to show the !udge that there are key
facts in dispute and that a trial is necessary. 0r, the party opposing the motion can agree that the
facts are not disputed, but argue that the law re"uires a !udgment in his favor.
%otion for )efault *udgment
If the +efendant fails to respond to the Plaintiff-s Complaint within the time limit stated in the
/ummons, the +efendant is in "default." /ee M1 2ules of Civ. Pro. 33.
he Plaintiff can re"uest a "default !udgment" against the +efendant. +epending on the type of
relief re"uested in the Complaint and other circumstances, the +efendant may or may not be
notified before the default !udgment is granted. /ee M1 2ules of Civ. Pro. 33.
I%P'+TA&T( If you are served with Motion papers, you should get legal advice right away.
Alternative )ispute +esolution ,A)+-
Alternative +ispute 2esolution )A+2* processes are other ways people can resolve legal
problems without going to trial. Parties are generally re"uired to try A+2 in civil cases before
the case can go to trial. A+2 involves an independent third person, called a "neutral," who tries
to help resolve or narrow the areas of conflict. "%ediation" is one type of A+2. he parties
may agree to use A+2, or the !udge may re"uire it.
4or more information, see the A+2 section of this website and M1 'en. 2ule of Prac. 556.