What Are the Steps Followed During Business Litigation?

 Posted on February 04, 2022 in Business Law

Businesses may become involved in multiple types of disputes with other parties, and in some cases, these disputes may need to be resolved through the legal system. By filing a civil lawsuit against an organization or individual, a business may seek to recover financial losses, or it may ask that the other party be required to cease certain activities or fulfill their legal obligations. For businesses that are planning to take legal action against someone else or need to respond to a lawsuit filed against them, it is important to understand the stages of the business litigation process.

Steps Followed in a Civil Lawsuit Involving a Business

A legal dispute that is handled in civil court will usually proceed as follows:

• Demand letter - Prior to initiating a lawsuit, a person or business will usually send a letter to the other party asking them to take certain actions. For example, a company may request that money owed by another party be paid according to the terms of a contractual agreement. This will give the other party the opportunity to resolve the issue before legal action is taken, and the parties may be able to negotiate an agreement at this stage.
• Complaint, summons, and response - If the other party does not answer the demand letter, or if the parties cannot come to an agreement on how to resolve their dispute, the plaintiff may initiate a lawsuit by filing a complaint in court. This complaint and a summons to appear in court will be served to the defendant. The defendant may also file a response to the complaint, and in some cases, they may choose to file a counter-claim against the plaintiff.
• Discovery - At this stage of the process, the parties will gather information pertaining to the case. They may do so through interrogatories or requests for information from each other. Subpoenas may also be used to obtain financial records or other information, and depositions may be performed in which either party may answer questions after being placed under oath.
• Negotiations or alternative dispute resolution - Before a trial begins, the parties may be able to negotiate a settlement and resolve the case. They may also choose or be required to use other methods of resolving their dispute, such as mediation or arbitration.
• Trial - If other forms of dispute resolution fail, the parties will argue their case in the courtroom before a jury. Each side will make arguments, present evidence, and call witnesses. At the conclusion of the trial, the jury will rule in favor of the plaintiff or defendant, and they will determine the actions that the losing party will be required to take, such as paying a monetary judgment.

Contact Our Fort Lauderdale Business Litigation Attorney

At The Elliot Legal Group, P.A., we provide representation to plaintiffs and defendants who are involved in business litigation. We can help you determine the best steps to take to protect your rights and interests, and we will work to help you negotiate a settlement or argue on your behalf in the courtroom. Contact our Hollywood business litigation lawyers at 754-332-2101 to get legal help with business disputes.

Sources:

https://www-media.floridabar.org/uploads/2019/01/Civil-Procedure-Rules-Updated-1-1-19.pdf

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0051/Sections/0051.011.html

https://tweakyourbiz.com/management/business-resources/business-litigation