Lawsuit Process in North Carolina – Civil Litigation FAQ & Guide

If you’re thinking about filing a lawsuit—or have already been sued—it helps to understand how civil litigation actually works in North Carolina. From filing a complaint in court to negotiating a settlement or preparing for trial, each stage of the process comes with its own rules, risks, and opportunities. As a local firm serving Halifax, Roanoke Rapids, and the surrounding area, we help clients navigate the entire NC civil lawsuit process with confidence.


Whether your case involves a contract dispute, real estate issue, or personal injury claim, the steps in a lawsuit tend to follow a familiar path. Here's how it typically works.

Understanding the Stages of a Civil Lawsuit in North Carolina

Step 1 – Filing the Complaint & Serving the Defendant

Property disputes come in many forms, and they often escalate quickly. Whether you're a homeowner in Roanoke Rapids, a landowner outside Enfield, or a small business with commercial property near I-95, I can help resolve a wide range of legal issues tied to real estate ownership and use. We understand that what’s at stake isn’t just dirt—it’s peace of mind, financial security, and sometimes decades of family history.

Step 2 – Discovery: Gathering Evidence & Building the Case

The discovery phase is where each side uncovers what evidence the other has. This includes:


  • Interrogatories – written questions answered under oath
  • Requests for Production – asking for records, photos, contracts, or emails
  • Depositions – recorded testimony from parties or witnesses, taken under oath

Discovery can take several months depending on the complexity of the case. It’s one of the most important parts of litigation, and our firm takes a proactive approach—getting the facts we need while limiting distractions from irrelevant or burdensome requests.

Step 3 – Mediation & Settlement Efforts

Most civil cases in Superior Court require mediation before going to trial. Mediation is a private meeting with a neutral third-party (the mediator) who helps both sides try to reach a voluntary agreement. It’s not a trial—nothing gets decided unless both parties agree. But many cases settle here, saving everyone time and money. We prepare for mediation just as thoroughly as we do for trial, making sure we’re in the strongest possible position to resolve the case on your terms.

Step 4 – Trial: Presenting Your Case in Court

If mediation doesn’t lead to a resolution, the case heads to trial. Depending on the situation, this could be a bench trial (just a judge) or a jury trial. Each side presents opening arguments, calls witnesses, submits evidence, and makes legal arguments. After closing, the judge or jury issues a decision. Trials can last from a day to several weeks. With years of experience in Halifax and Northampton County courtrooms, we know how to present a clear, credible case in front of a judge or jury.

Step 5 – Verdict, Judgment & Potential Appeals

Most civil cases in Superior Court require mediation before going to trial. Mediation is a private meeting with a neutral third-party (the mediator) who helps both sides try to reach a voluntary agreement. It’s not a trial—nothing gets decided unless both parties agree. But many cases settle here, saving everyone time and money. We prepare for mediation just as thoroughly as we do for trial, making sure we’re in the strongest possible position to resolve the case on your terms.

FAQs – Civil Lawsuit Process in North Carolina

  • How long will my case take?

    That depends. A straightforward contract dispute could resolve in a few months, while a multi-party real estate case might take over a year. Court schedules in Halifax and Northampton counties also affect timing. We’ll give you a realistic estimate up front and keep pushing to keep the case moving.

  • Can I settle at any time?

    Yes. Cases can settle before a complaint is even filed, during discovery, the night before trial—or even during trial itself. You always have the final say. We’ll explain any settlement offers clearly and help you weigh the risks of continuing versus resolving the case.

  • Will I have to testify in court?

    If your case goes to trial and you’re a party, yes—you’ll likely need to testify. But we will prepare you extensively for both deposition and courtroom testimony so you feel ready. Many clients are nervous at first, but thorough preparation makes a big difference.

  • How much does a lawsuit cost?

    Court filing fees in NC are usually between $150–$200 for Superior Court. Serving papers costs extra, and discovery tools like depositions, transcripts, or expert witnesses also add to the expense. We’ll go over the expected costs before filing so there are no surprises. In some cases, the losing side may be ordered to pay certain costs or fees, especially if a contract or statute allows it.

  • What if I win but the other side doesn’t pay?

    Winning a judgment is step one—getting paid is step two. We assist with enforcement options like liens, writs of execution (where the sheriff seizes assets), and garnishments (where permitted). North Carolina has some limits, but we’ll pursue every available option to help collect what you’re owed.

Facing a Lawsuit or Thinking About Filing One? Let’s Talk.

If you’ve been wronged and need to take legal action—or if someone’s bringing a case against you—you deserve to know what lies ahead. At every step, we’re here to answer your questions, prepare your case, and fight for a fair result. Contact our office for a consultation.