Going to court over business dealings is not an uncommon process. While you hope for the best in all business relationships, there are occasions when you might have to sue or defend your organization against a suit. Litigation will be a process. It is important to understand how that process usually unfolds, and here are the five main stages.
Notification
The plaintiff in the case will have to notify the defendant that there is a suit. A business litigation attorney will hire a process server to put the lawsuit's initial paperwork in the defendant's possession. Likewise, they will send the same paperwork as a petition for relief to a business law court in the appropriate jurisdiction.
Initial Hearing
A judge will schedule an initial hearing to determine if the case meets basic standards. For example, the court will want to know that the issues in the case are ripe for review. If a plaintiff brings a suit before the fulfillment date in a contract, for example, the court might dismiss the case without prejudice because the matter isn't ripe. This means the court is willing to hear the case later, but it's not open to litigation now.
Discovery
The court may also decide to let the litigation move forward. If that happens, the judge will order discovery. During the discovery process, both sides have to disclose any evidence or witnesses they might use at trial. Likewise, they can ask the judge to compel the other side to deliver specific items that are relevant to the case.
For a business litigation lawyer, discovery is often what makes or breaks cases. A company might turn up an email indicating that a supplier acted in bad faith, for example. Oftentimes, if something terrible turns up in discovery, the two sides will reach a settlement based on the new information.
Motions
As the case gets closer to trial without a resolution, the two sides may file motions for the court to handle certain questions. If one side doesn't believe a piece of evidence is admissible, for example, they might move for the judge to exclude the evidence. Other possible motions could cover dismissing the case, excluding testimony, delaying the process, or moving the location of the trial.
Trial
If there is no resolution by this point, the case will go to trial. The judge will order jury selection. Once the jury is impaneled, the court will set a trial date. Both sides will present their arguments, and the jury will decide what remedy, if any, is suitable.
Reach out to a business litigation lawyer for more information.
