Litigation starts under seal
Qui tam litigation begins differently from ordinary civil cases. The complaint is filed under seal, the defendant is not immediately served publicly, and the Department of Justice receives time to investigate before the case moves into open court.
During this phase, relators and counsel often respond to government requests for information while maintaining strict confidentiality.
Intervention changes the dynamics
If DOJ intervenes, the United States typically leads litigation — though the relator and relator's counsel remain involved. If DOJ declines, the relator may pursue the case alone, subject to court approval of settlements and significant legal expense risk.
Intervention rates and outcomes vary by industry, evidence quality, and government priorities.
Discovery and motion practice
Once unsealed, qui tam litigation looks more like complex federal civil litigation: document production, depositions, expert reports, and dispositive motions on materiality, rule compliance, and damages.
Defendants often challenge whether alleged conduct was material to payment or whether the relator qualifies as an original source.
Settlement vs. trial
Most FCA cases resolve through settlement — sometimes before unsealing, sometimes after years of litigation. Relator shares are negotiated as part of global settlements and require court approval.
For timeline expectations, see our seal period and case timeline resources. This article is general information, not legal advice.