The following federal flow chart shows how a civil case flows through federal court. If you have any questions please feel free to give us a call at 888-678-5550 or visit our website at http://www.mincal.com

1. FEDERAL CIVIL CASE FLOWCHART
COMPLAINT
This is the written document Plaintiff (MinCal) files
with the clerk to begin your lawsuit. It sets out
your claims against the Defendant(s) and the relief
requested.
PAY COURT FEE
At the time the complaint is filed, Plaintiff also pays
the statutory filing fee.
Note: MinCal will pay your case filing fee.
SERVICE OF PROCESS
The complaint is “served” on Defendant(s). This
process is judicially required to give Defendant(s)
notice so that they can respond.
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2. REFERRAL TO MAGISTRATE JUDGE
In many Federal Districts, a U.S. Magistrate Judge
handles pretrial motions and hearings and enters
scheduling orders. They may also try to mediate to
settle the case.
ANSWER DEFAULT
The Defendant(s) response to Plaintiff’s complaint is When Defendant fails to answer or otherwise respond
called the Answer. Under Federal Rules, Defendant(s) to the complaint, the clerk may enter a default upon
usually have only 20 days to respond once they have motion by Plaintiff.
been served with the complaint.
SCHEDULING CONFERENCE & SCHEDULING DEFAULT JUDGMENT
ORDER If Defendant fails to cure the default after proper
After the answer is filed, the Magistrate Judge holds a notice, a judgment may be entered awarding Plaintiff
conference to identify the issues, set a schedule for relief sought in the complaint.
discovery, record any agreements by the parties, and
consider other matters as needed to promote the just
and speedy resolution to the lawsuit.
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3. DISCOVERY
Before trial, the parties develop evidence for trial by
methods including depositions, written
interrogatories, requests for production, inspections
and requests for admissions.
MOTIONS
Parties may file motions regarding discovery and
other issues within time limits set out in the
Scheduling Order.
FINAL PRETRIAL CONFERENCE
Following discovery, the Magistrate Judge conducts
a conference with the parties to discuss the issues
for trial, the evidence that will be used at trial, and
the possibility of settlement.
DISPOSITIVE MOTIONS
Motions may be filed for the judge to determine if
there are any material disputed issues of fact or
rules that need to be decided on.
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4. TRIAL
A trial allows the parties to formally present their
case in court by offering testimony and evidence.
The parties have a right to a trial by jury in a civil
action, and the jury must ordinarily reach a
unanimous verdict.
JUDGMENT
After a verdict, the court enters a judgment on its
docket which states the results of the proceeding
and clearly indentifies the specific relief to which
the prevailing parties are entitled.
NOTICE OF APPEAL
A dissatisfied party may appeal the judgment by
filing a notice of appeal with the clerk of the district
court. The notice of appeal ordinarily must be filed
within 30 days after the judgment.
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