Here Are Some Commercial Dispute Lawsuit Basics
When a business is involved in a dispute, it must be properly handled to protect your rights while coming to a resolution. A commercial disagreement may progress into a lawsuit if the parties are not able to resolve the problem on their own. When a lawsuit is filed, both parties are expected to participate in the process. A favorable outcome can be obtained by working with a skilled litigation law firm.
The first step of a civil lawsuit requires both sides to make a formal pleading. The pleading provides the basis of the lawsuit and the responding party responds. It is important to review the lawsuit with a qualified business attorney before beginning the lawsuit, or responding to it. Your lawyer will review the case and assist in formulating a strategy for achieving the best possible results.
The discovery process allows both parties to gather information that is relevant to the case. During this pre-trial period, documents will be requested and reviewed and witnesses may be deposed. Written questions, called interrogatories, are also obtained. Motions will be submitted to the court, which may be useful in resolving procedural disagreements ahead of trial. Your attorney will be putting together the best case possible, preparing the case for court.
The trial is overseen by a judge and may or may not include a jury. The parties present their case, through their attorneys. Evidence is introduced and reviewed. Witnesses may be called to present relevant documents and are questioned by attorneys. At the end of the case, both lawyers will present closing arguments and the court will reach a decision. In some cases, one party may not be satisfied with the decision made at trial. An appeal may be filed, which allows the case to be reviewed. This can only be accomplished if there is a legal error or problem with the trial.
Many cases are resolved with a settlement. A settlement is an agreement between both parties as to the outcome of the situation. A settlement may be reached at any time, but most often are made prior to the case going to court. A settlement is often made in order to avoid a lengthy and expensive court battle. An experienced business dispute attorney will work to resolve your case through settlement negotiations. When the disagreement warrants it, parties may benefit from the use of arbitration or mediation to help facilitate a resolution.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Commercial Dispute Lawsuit Basics, or any other litigation matter, please feel free to contact Stockton D. Banfield at 480.461.5356, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.