If you already run a business in Arizona or are thinking of starting one, you may have come across the term business litigation. It is, in simple words, the process of resolving disputes in business by taking them to court.
Some common problems that result in business litigation are partnership disputes, consumer complaints, shareholder disputes, and employment disputes.
If you are a defendant or a complainant, regardless of that, the entire process of business litigation can be lengthy as well as complex. Thus, we suggest working with a Gilbert AZ attorney. The process goes through several steps, and an attorney can help you at every stage.
In this blog, we are going to take a look at all the various steps involved in business litigation so that you have a better understanding of how it proceeds and can prepare accordingly.
Stages of Business Litigation
As we have already mentioned, the process involves several steps, which sometimes vary based on the jurisdiction you are in and the particulars of the case.
Stage 1- Conducting Investigations
Before the business litigation process commences, the very first step is conducting investigations to see if there is enough basis for a lawsuit and accumulating evidence.
Stage 2- Filing the Lawsuit
After deciding that there is indeed a basis for a lawsuit and accumulative evidence, the following step is to file a complaint in the concerned court.
The complaint needs to clearly mention what legal harms they essentially suffered and the relief they are looking for. Generally, people start the process in order to attain compensation for damages. After the complaint is filed, the lawsuit commences.
Stage 3- Serving the Defendant With the Papers
In the next step, the defendant is served the complaint. An authorized third party or process server can file a complaint against the defendant.
Stage 4- Filing a Response
After getting the complaint, the defendant gets a short period to respond to it. The defendant is supposed to respond by filing an answer where they address all the allegations against them.
The defendant can also opt to provide affirmative defenses or counterclaims in their answers. If the defendant does not respond in the given period, the plaintiff can request a default judgment, and if it gets granted, the court may rule in the plaintiff’s favor automatically.
Stage 5- The Discovery Stage
At this stage, the defendant gets the information from the claimant, and vice versa, concerning facts related to the dispute at issue. During the discovery stage, de-positions, written interrogations, documents, and other relevant evidence are accumulated.
Stage 6- Settling Without Going to Court
The involved parties can choose to settle without going to court. They may even opt to engage in mediation in order to resolve the particular dispute. Mediation is essentially a process where the disputing parties meet with a neutral third party who assists them in communicating and negotiating.
Stage 7- Preliminary Pretrial Phase
If the dispute does not get resolved at the previous stage, it goes through all preliminary pretrial matters.
Stage 8- The Case Proceeds to Trial
If the case goes to trial, both parties present their case in the presence of a judge or jury, and they eventually decide on the basis of all the evidence presented by both parties.
An Attorney Can Help in Business Litigation!
After reading about all the stages of business litigation, you may now understand that the process is indeed complex and lengthy. It can be pretty stressful for both the parties.
Thus, it is highly recommended to consult your case with an attorney to ensure that you have a competent representative by your side who is there for you at every stage till the case is concluded.
An attorney who has experience in the particular field knows the whole process and is your best chance at attaining a favorable outcome. Thus, their guidance becomes quite crucial for your case.
