Starting and maintaining a business is an exciting venture for many people, but it comes with its fair share of challenges. If you are a business owner, you may find yourself facing legal action from a former client, partner, or employee. Unhappy employees may seek additional wages or argue that their termination was illegal. Larger companies may face class action lawsuits if their actions caused harm or distress to a large number of people. These situations can often only be resolved by the courts, and they may require business litigation to be settled. Working with experienced litigation attorneys, like the team at The Myers Law Group, can help make the process more manageable.
What Is Business Litigation?
Business litigation, sometimes called commercial litigation, refers to the process of presenting and arguing cases involving businesses in court. These litigations can impact every type of business, from a small-town restaurant to a Fortune 500 company. These cases can involve intellectual property like trade secrets, employment disputes, contract breaches, and more. Each business litigation case is different due to its unique complexities. However, they will all follow the same general timeline.
What Are the Six Major Phases of Business Litigation?
Litigation of any kind can be a lengthy, complicated process. Usually, it always follows a strict schedule. This schedule includes six major phases. The six phases are:
- Pleadings. In this phase of the process, each party must file a claim. This is often started with one party filing and the other party responding. The state of California requires a response to a filing within 30 days. The initial filing, called the complaint, must be filed with the court, and a copy must be given to the defendant.
- Discovery. This involves both parties gathering the necessary information needed for the case. The primary aspects involved in this step are finding witnesses, completing depositions, and filing motions. This information can be obtained from the other party or third parties not officially involved in the proceedings.
- Pre-Trial. This means multiple meetings between the attorneys representing the plaintiff (filer) and the defendant (responder). This step is often an attempt to settle. If the attempt is successful and a settlement is reached, the case ends here. If a settlement is not reached, the case will continue to the next step in the process.
- Trial. The trial is where each side presents its evidence and argues its case. The court trial to settle the case can go one of two ways. A bench trial, where a judge will decide the verdict of the case, or the verdict could be decided by a jury. Once the arguments have been made by both parties, a verdict will be reached.
- Verdict and Settlement. This is where the official decision that ends the trial is handed down by the judge or the jury. If any sort of settlement is required, such as a specific amount of money, the winning side can work to collect it. This final decision is what determines how each party will move forward.
- Appeal. If a plaintiff or defendant believes that the decision handed down is unfair or reached through improper means, they can file an appeal. An appeal may involve throwing out a jury’s decision entirely and asking a judge to rule on the case. The appeal could also choose to seek an entirely new trial.
The process of business litigation can be time-consuming and confusing. Any number of business matters, from wage disagreements to problems with licensing, can require litigation. Whether you are the plaintiff or the defendant, working with an experienced litigation attorney can provide you confidence and peace of mind. The Myers Law Group has over eight decades of combined legal experience to guide you through your business litigation cases.
FAQs
Q: What are the stages of litigation?
A: Litigation can be a long process, but each litigation case follows the same general structure. Pleadings are first, where the official claims are filed. Next is the discovery phase, which involves the gathering of information. Pre-Trial meetings to attempt to settle are the third step. This is followed by a trial, if necessary. The verdict at the end of the trial is the fifth step, and litigation ends with appeals if one party is unsatisfied.
Q: How many different phases are included in the litigation process?
A: There are many moving parts involved in the litigation process, so the phases can be difficult. In most litigation cases, there are at least six major phases. The process can be shorter if an agreement is reached before the trial, but it could be more drawn out if there are multiple appeals.
Q: What are the phases of a lawsuit?
A: Each lawsuit will be different based on the specifics of the case. However, most lawsuits can be broken down into three major phases, with smaller steps in each phase. The pleadings include the official filing of the lawsuit. After pleadings, you enter discovery, which provides an opportunity to gather information and witnesses. The final phase is the conclusion, which could include a settlement between parties or a trial.
Q: What is the first step of a business lawsuit?
A: The first step of a business lawsuit is the pleadings. During pleadings, one party files the lawsuit, and the other party responds within a specific time. The paperwork to file the claim will outline why the lawsuit is being filed, a counterclaim from the defendant, and the initial defense from both parties.
Contract disagreements, business mergers, and disputes between business partners could require business litigation to be resolved. As a business owner, choosing to work with people you can trust to protect the best interests of both you and your business is crucial. If you are facing a business litigation case, you can trust the team at The Myers Law Group. We will put both you and your business first and help you navigate this complex situation.