NH Legal Perspective: Why does civil litigation take so long and cost so much?
This article, written by attorney Megan Carrier, was originally published in the NH Union Leader and can be found here.
Most people imagine a lawsuit as a relatively straightforward process: You file a complaint, argue your case and wait for a decision. In reality, even the simplest cases must navigate a complex and often slow-moving procedural maze. Every step demands time, attention and resources — and that process starts before a lawsuit is even filed.
It starts with preparation
Before you set foot in a courtroom — or even file a complaint — your legal team will help you gather the evidence and information needed to support your claims. This can be more involved than expected. A well-supported complaint must be factually robust; otherwise, it’s vulnerable to a motion to dismiss. Your diligent (and, yes, sometimes pesky) lawyer will want to verify every factual assertion. This means digging through paperwork, interviewing witnesses, and sometimes seeking documents from third parties. It’s painstaking, but essential.
Serving the defendant: Harder than it sounds
Once your complaint is filed, the next step is serving the defendant. That sounds simple — but can be sneaky hard. For some out-of-state defendants, for instance, New Hampshire law requires service first on the Secretary of State, followed by a wait for proof of service, and then a certified mailing to the defendant, after which you’ll wait again for a return receipt. If the certified mail is returned undelivered, the process starts over, and you may need to request court permission to use alternative service methods.
The waiting game: Responsive pleadings
After service, the defendant has 30 days to file a response — perhaps an answer and/or a counterclaim or a motion to dismiss. If a counterclaim is filed, you’ll have another 30 days to respond. These early pleadings can take months to fully resolve, all before the most time-consuming stage of litigation: discovery.
Discovery: The true grind
Discovery is the process of exchanging documents and information, answering written questions (called interrogatories) and taking depositions. Technology has only made this more complex. Just identifying relevant documents can require searching through thousands — or even millions — of emails and files. Then every relevant piece must be reviewed for legal significance and compliance.
Scheduling depositions is its own challenge. Coordinating dates among multiple attorneys, parties and witnesses can stretch this phase out even longer. And this doesn’t even include the additional time required if expert witnesses are involved.
Experts and evaluations
Many civil cases require expert witnesses to analyze evidence, assess damages, or evaluate industry standards. Experts often need to review vast amounts of information, conduct independent evaluations, and prepare detailed reports. Once your expert report is finalized, the opposing party will usually retain its own expert to rebut the findings your expert has made — often followed by depositions of both experts.
Motions and delays
You might think trial is the next logical step. Sometimes it is — but often, more motion practice awaits you. Parties can file motions on specific issues, like discovery disputes (for instance, if one side refuses to turn over important documents) or dispositive motions, which ask the court to resolve the case without a trial. Motion practice can add layers of complexity and delay. Each motion triggers a chain of responses: objection, reply, sur-reply — I would love to tell you that I have never seen a sur-sur-reply to a sur-reply to a reply to an objection to a motion, but that would be a lie. Court rules allow time for each of these steps, and courts need time to rule on them, which can significantly affect your timeline.
The long road
Although most New Hampshire civil cases are initially scheduled to run for approximately 12-18 months, it’s common for them to extend well beyond that. Additional time is often needed to address discovery disputes, manage motion practice, or simply accommodate overloaded court dockets. It’s not unusual for civil litigation to stretch out for years.
Even assuming you win, the journey may not be over. The losing party might appeal. Or you might need to take separate, often complicated steps to enforce your judgment — like garnishing wages or seizing property. These processes can be unexpectedly involved and time-consuming.
So, what can you do?
If you’ve been wronged, it can feel infuriating to wait years — and spend thousands of dollars — just to see justice served. But you do have some control. One of the best tools in your arsenal is settlement. Early in the process, your attorney may suggest negotiating with the other side. This can feel like giving up — especially if you’re seeking justice on principle — but don’t dismiss the idea too quickly. Settlement is a strategic choice, not a sign of weakness. There’s a reason that 90–98% of civil lawsuits resolve this way.
And remember: No matter how far along you are in the process, settlement is always an option.