In civil litigation, timing is rarely neutral. Decisions about when to file, when to serve, when to move, and when to negotiate can significantly influence leverage between parties.
Strategic timing can affect pressure, cost, perception, and risk long before a case reaches trial.
Filing Timing Can Influence Early Advantage
Choosing when to initiate a lawsuit can determine who controls the initial narrative. Filing first may allow a party to frame the issues, select venue, and begin the litigation timeline on its own terms.
Waiting, however, may allow further investigation or preparation before formal proceedings begin.
Service Timing Affects Strategic Impact
The moment a complaint is served can alter negotiation posture. Service during a business transition, financial reporting period, or other sensitive moment can increase urgency.
Strategic timing of service may influence how quickly the opposing party responds.
Motion Timing Can Shift Leverage
Pretrial motions, including motions to dismiss or summary judgment, can dramatically alter the strength of a case. Filing too early may expose weaknesses. Filing too late may reduce strategic impact.
Well timed motions can narrow issues, increase pressure, or clarify risk before trial.
Discovery Timing Influences Information Control
The order and timing of depositions, document requests, and expert disclosures shape how information is revealed. Early discovery may expose vulnerabilities. Delayed discovery may preserve strategic advantage.
Control over when key facts become public can influence settlement discussions.
Settlement Timing Changes Negotiation Dynamics
Settlement discussions early in a case may occur before costs escalate. Later negotiations may reflect clearer risk assessment after rulings or discovery.
Each stage of litigation presents different incentives and pressures that influence resolution value.
Trial Proximity Intensifies Leverage
As trial approaches, financial and emotional investment increases. Imminent deadlines force commitment of resources and sharpen risk evaluation.
Proximity to trial often heightens leverage for the party perceived as more prepared or more confident in its position.
