The percentage of civil litigation cases that go to trial in California can vary significantly depending on the type of case, jurisdiction, and specific circumstances. However, it’s generally understood that a very small percentage of civil cases actually proceed to trial.
Nationwide statistics often indicate that less than 5% of civil cases end up going to trial. This low trial rate is primarily due to several factors:
- Settlement: The majority of civil cases are resolved through settlement negotiations between parties before trial. Settlement offers a quicker and often less costly resolution compared to a trial.
- Alternative Dispute Resolution (ADR): Many courts and parties actively pursue alternative dispute resolution methods such as mediation or arbitration to resolve disputes without the need for a trial.
- Motion Practice: Motions for summary judgment or other pre-trial motions may result in the dismissal of claims or the narrowing of issues, reducing the number of cases proceeding to trial.
- Cost and Time: Trials are time-consuming and expensive processes. Both parties often weigh the costs and benefits of proceeding to trial versus settling the case.
In California, as in other states, the preference for settling disputes out of court through negotiation, mediation, or arbitration contributes to the low percentage of cases that ultimately end up in trial. However, specific data on the exact percentage of civil cases going to trial in California may vary and can be influenced by local court practices and case types.