From Complaint to Trial

You sit down with your attorney. They evaluate the facts, review your documents, and assess whether you have a viable claim. This is where strategy begins.

Before filing suit, your attorney may send a demand letter to the opposing party or their insurer.

If negotiations fail, your attorney files a formal lawsuit — a "petition" in Oklahoma state court or a "complaint" in federal court. The defendant is served and has a deadline to respond (typically 20 days in state court, 21 days in federal court).

Both sides exchange information — documents, written questions (interrogatories), requests for admission, and requests for production. This is typically the longest phase of litigation. Your attorney will request the other side's records while responding to their requests for yours.

Witnesses give sworn testimony under oath, recorded by a court reporter, outside of the courtroom. You will likely be deposed, and your attorney will depose the other side's key witnesses. Depositions are one of the most important parts of a case.

A neutral mediator — usually a retired judge or experienced attorney — facilitates settlement discussions between the parties. Mediation is voluntary but strongly encouraged by most courts. The majority of civil cases settle at or after mediation.

Both sides file motions with the court — motions for summary judgment, motions to exclude evidence, and motions in limine (to restrict what can be discussed at trial). The judge rules on these before trial begins.

If the case does not settle, it goes to trial. A jury (or judge in a bench trial) hears opening statements, witness testimony, cross-examination, and closing arguments. At the end, the jury renders a verdict.

After the verdict, either side may file post-trial motions or appeal. Appeals go to the Oklahoma Supreme Court (state cases) or the Tenth Circuit Court of Appeals (federal cases). An appeal does not re-try the case — it reviews whether the trial court made legal errors.