estate litigation can vary in duration depending on various factors such as the complexity of the case, the court’s schedule, the willingness of the parties to settle, and the availability of evidence. While it is difficult to provide an exact timeframe, we can outline the general stages of real estate litigation and provide an estimate of the time it may take to resolve each stage.
Table of Contents
Pre-litigation phase
This phase involves gathering evidence, conducting investigations, and attempting to resolve the dispute through negotiation or alternative dispute resolution methods like mediation or arbitration. The duration of this phase can range from a few weeks to several months, depending on the willingness of the parties to cooperate and reach a settlement.
Filing the lawsuit
If pre-litigation efforts fail, the next step is filing a lawsuit. This involves drafting and filing a complaint, serving the defendant(s), and waiting for their response. The time required for this stage can vary depending on the court’s schedule and the complexity of the case, but it typically takes a few weeks to a couple of months.
Discovery
Discovery is the process of exchanging information and evidence between the parties involved in the lawsuit. It includes interrogatories (written questions), requests for documents, depositions (oral testimonies), and other methods to gather evidence. Discovery can be time-consuming, especially in complex real estate cases, and may take several months to a year or more.
Motions and hearings
During the litigation process, various motions may be filed by either party, such as motions to dismiss, motions for summary judgment, or motions to compel discovery. The time required for these motions to be resolved depends on the court’s schedule and the complexity of the issues involved. It can take several weeks to several months for a motion to be heard and decided.
Settlement negotiations
Throughout the litigation process, the parties may engage in settlement negotiations to resolve the dispute outside of court. The duration of these negotiations can vary significantly, depending on the willingness of the parties to compromise and the complexity of the issues involved. Settlement negotiations can take anywhere from a few weeks to several months.
Trial
If the case does not settle, it will proceed to trial. The trial date depends on the court’s schedule and can be scheduled months or even years after the initial filing. The length of the trial itself can vary depending on the complexity of the case, the number of witnesses, and other factors. It can range from a few days to several weeks or even months.
Considering the various stages and factors involved, real estate litigation can take anywhere from several months to several years to resolve, with an average duration of 1-3 years.