Time
It’s been said that time is the most valuable resource. As such, it’s natural for our litigation clients to ask us right upfront: how much time will the court case take? In fact, clients often ask the “time” question, even before inquiring about the cost of litigation.
It makes sense.
Money comes and goes, plus it can be replenished. Mark Twain once said, “Buy land, they’re not making it anymore.” But that’s not true. Blighted buildings can be cleared to create fresh new lots for development, provided a the developer has enough time.
The Value Of Time
We’re constantly aware of it — from craving a “work-life” balance to wanting our entertainment via short, sixty second “Tik Tok” or “Youtube Shorts” doses. So how long will litigation take? — speaking of time, get to the point! The answer depends on two things. First, the value of the case and secondly, the type of relief sought.
First, Amount of Money Sought
“The bigger the case, the more time the case will likely take.” This makes sense, right? Let’s start with small cases. Then, we’ll work our way up to a multi-million (or even billion) dollar jury trial.
$12,000 Or Less
Where the plaintiff seeks $12,000 or less in damages (exclusive of court costs and interest), the case must be filed on the small claims court docket, described elsewhere on this site. For the purpose of this page, the amount of time a small claims court case requires to get to trial is short, only a month or two.
But here’s the “catch”: any party can appeal small claims court for any reason or no reason. Hence, any party can force a re-trial of all issues, this time, on the compulsory arbitration (described below) which takes place about 3-4 months following the appeal from small claims court. But wait, there’s more! Any party can appeal the arbitration decision — again for any reason or no reason. Hence, unfortunately, the “small” case can be appealed twice — once to compulsory arbitration and again to a jury trial. Each time, it’s like the prior trial never even occurred.
A Plaintiff Seeks Up To $50,000
For cases worth more than $12,000 — but less than $50,000 in Allegheny County ($35,000 in Butler and a few other PA counties) — the Plaintiff may file the action directly on the arbitration docket. Upon filing suit, the court schedules a date for the arbitration, which is approximately three to four months later. Unfortunately, once again, either side may appear for any reason or no reason. Then, the case goes to the third and final stage: the jury trial docket. Arbitration will take place approximately six months following the appeal from small claims court.
A Plaintiff Seeking $50,000 or Greater
In Allegheny County (Pittsburgh) and several other PA Counties, alleging a claim for 50K or greater gets one’s case directly onto the jury trial docket. There, it takes about 18 months for a trial date. Does that sound long? Perhaps it is. But it takes out the intermediary steps, described above.
Case About More than “Just Money”
In cases where a Plaintiffs seeks an injunction — an order physically compelling someone to do something or refrain from doing something (such as working for a competitor in violation of a “non-compete”) things go faster.
But why?
Only a judge can order an injunction — not a jury. And a judge’s calendar is much more flexible than trying to calendar a jury trial with 12 strangers, who are picked from a group of 50. Plus, a judge is presumed to discount “hearsay” evidence from consideration, simplifying the process. So a trial by judge — or “bench trial” as it’s called, takes place much sooner. It can take place in six months on average, down from the 18 months it takes to get a jury trial. What are some examples? These include actions to:
-
-
- enforce a non-compete agreement
- prevent a party from disseminating trade secrets, or
- enforce a non-disclosure agreement or NDA.
-
Let’s Get Started!
Contact a lawyer at our Western PA firm for any civil litigation claim or defense.
412.342.0992
Email Us Today
