Commercial litigation cases can be complicated, but they are important for businesses to understand. A commercial litigation case generally deals with a contract dispute or the breach of that contract. Here are the basics of a commercial litigation case and how it differs from other types of lawsuits.
What is Commercial Litigation?
Commercial litigation can be defined as a dispute between two businesses that arise out of business transactions or contracts. Disputes may also arise between a business and its employees, or between a business and government entities.
Discovery
Discovery is the process of gathering information from the other side. It can be expensive, stressful, and time-consuming, but it is also an essential part of litigation.
In commercial litigation cases such as breach of contract claims or trademark infringement lawsuits where there are high stakes involved in winning or losing a case (and therefore paying attorneys’ fees), discovery becomes even more important because attorneys are required by law to make sure they have enough evidence before going to trial to avoid paying unnecessary costs associated with losing those types of cases.*
The first discovery step is sending written questions called interrogatories (or sometimes depositions) asking specific questions about what happened during your business relationship with another company.*
Pretrial Negotiations
Pretrial negotiations are a critical part of the litigation process. They are an opportunity for you and your attorney to meet with the other side’s attorneys in order to reach a mutually agreeable settlement agreement before trial.
While some cases are settled at this stage, many others go to trial because the parties cannot agree on their own or because one side wants more than what the other party offers during pretrial negotiations.
If you do not have an attorney representing you in court proceedings, then it may be beneficial for you to hire one before going into pretrial negotiations so that he/she can help guide these discussions as well as offer advice during negotiations itself if needed.
Trial
Once you reach trial, you may be called upon to testify. You will be asked questions by both sides and must answer truthfully. If you are unable to answer a question because it would incriminate or degrade yourself in any way, then tell the judge that this is the case and request permission not to answer it.
The trial will be a long and arduous process that often adds stress. That’s why having the right attorney on your side is so important.
Appeal
An appeal is the process by which a party to a lawsuit seeks to have a decision from the trial court overruled. An appellate court is an intermediate level of jurisdiction that hears appeals from lower courts, such as state supreme courts and federal district courts.
Appeals are heard on questions of law only; they cannot review factual findings made by trial courts unless those findings are erroneous. In addition, appellate courts do not retry cases or hear new evidence–they simply review legal issues raised at trial.
Appeals usually take several months before being heard by an appellate court; however, there are exceptions depending on how quickly your case reaches its conclusion in the lower court and how busy each individual court happens to be at any given time.
Expect Uncertainty & Turn to an Attorney
A commercial litigation case can bring a lot of uncertainty, but it is vital to have an attorney who can help you understand what will happen.
If something goes wrong, we’ll be able to help you navigate your next steps.
At Paul Humbert Law, we have the expertise to handle commercial litigation cases. We encourage you to get in touch with us today so we can discuss any questions or concerns you may have.
