Chambers Handbook for Judges - Federal Judicial Center

• Defendant files motions (e.g., motion to dismiss for failure to
state a claim for which relief may be granted—certain motions
must be filed in defendant’s first responsive pleading, while others
may be filed later).
• Defendant files an answer, which may contain a motion to dismiss.
• Discovery proceeds.
• Either party may file additional motions (e.g., summary judgment).
• Pretrial conference is held.
• Trial is held.
• Judgment is rendered, signed, and filed.
• Post-trial proceedings may occur.
• Appeal may be taken—judgment may or may not be stayed.
• Appeal is considered either on briefs or after oral argument.
• Judgment is rendered on appeal.
• Supplementary proceedings may occur.
• Judgment is enforced.
In any given case, some of these steps may be omitted because of inaction,
agreement of the parties, or court order. And, of course, the suit
may end by settlement or dismissal at any stage. Fewer than 10% of all
civil actions continue to trial, but the court decides motions in many
cases that don’t make it to trial.
C. Commencement of Action
A civil action in a federal court begins with the filing of a written complaint
in the clerk’s office. The case is then assigned a number, usually
referred to as a “docket number,” containing two parts: the last two
digits of the year in which the case was filed, and a number that is
assigned consecutively as suits are filed in each calendar year, usually
beginning with number 101 (but in some courts beginning with the
24 Chambers Handbook for Judges’ Law Clerks and Secretaries