Instead of jumping right into a court process and suing another business, there is a lengthy process that you must go through to yield the best results. In fact, business litigation may not be the best solution to solving legal issues because of the lengthy process. Understanding the phases of business litigation will help you know how to complete the process with ease. We will take a deep dive into different phases in this blog.
Pre-Filing And Investigation
The first phase in the process starts after you have exhausted other negotiation options. Once you decide to file a lawsuit, you and your lawyer will create a package of legal claims and begin to back them up with evidence. A team will need to gather sufficient evidence in order to make a case and defend your stance in court. You may proceed further in the business litigation process.
Attorneys may also work to establish a settlement during the early stages to avoid going to court. Exploring possibilities to settle outside of court proceedings will save you time and money.
Pleadings Process
If lawyers determine the case should go to court, the plaintiff will then make an official complaint report. Next, the defendant will have a short period of time where they can answer and may even come back with counterclaims. This is also the stage where either party can bring more people into the lawsuit, whether it be those affected or witnesses.
Discovery
Of all the phases of business litigation, the discovery phase is the most crucial. This is where all information and evidence are shared with both parties. All documents, interviews, evidence, and testimonies will be used by each party to build their court cases and defenses to be presented in front of a judge or jury. Discovery will help bring the strengths and weaknesses of the case to light and give teams a chance to motion to protect certain details of the case.
Pre-Trial Motions
Before the case goes to trial, parties may find an indisputable fact that could turn the ruling in their favor. These summary judgments or other methods of mediation could put the case off from going to trial on the scheduled day, or altogether. Motions that have merit and are agreed upon by all parties could be the last phase of business litigation. If a motion is not accepted during pre-trial, the case will continue in court.
Trial
In this phase, all findings will be presented to the judge and jury, directed by lawyers. Parties may be called to the stand or asked questions by the opposing party. The trial will be a collective effort to come to a legal and equitable solution. Depending on the case, the phases of a trial for business litigation can be complex. It may take days, weeks, or even months to come to an agreed-upon terms, or for a jury to make their final decision. Proper preparation is crucial to making sure a trial goes smoothly and the jury truly hears your case.
Another aspect of a trial that could extend the delivery of a verdict is the jury. Members of a jury in the United States are volunteers who have been screened and vetted for the specific case. While they are willing to serve, differences in background and opinion may cause them to be split on a final decision. A hung jury or even one that debates for many days can be stressful for a plaintiff and defendant.
Post-Trial Motions And Appeals
If a trial ends and you are not satisfied with the results, you can file motions or appeals to bring more evidence or fresh eyes to the case. If the court has made any errors or didn’t have enough time to sufficiently examine the case, your appeal may be accepted. It is important to note that once a post-trial motion or appeal is accepted, you have to go through all the phases of business litigation again. While the facts of the case are not reconsidered, bringing up the topic of mistakes or interference will be another lengthy process.
Legal Insight From WW Partners
Our lawyers at WW Partners specialize in business dealings. We know that litigation is a tiring process for businesses of any size, which is why we do our best to help our clients have a fair and speedy trial. We can also help you look for out-of-the-box solutions to help mediate spending and hours spent in a courtroom. If you are looking for comprehensive legal help in Utah, please reach out to us by calling 801-699-0059.