What are the stages of business litigation?
Business litigation refers to the legal proceedings that involves disputes between two or more companies or individuals relating business transactions or activities. Litigation can be a long complex process that involves various stages.
Pre-Litigation
This is the stage where parties involved in a dispute attempt to resolve their differences without resorting to litigation. This stage may involve negotiations, mediation or arbitration. Parties may choose to engage in pre-litigation to save time, cost and avoid the negative outcome in court. This may result in in a settlement agreement which resolves the dispute between two parties.
Filing the complaint
If the parties are unable to reach a settlement agreement during the pre-litigation stage, the plaintiff may file a complaint with the court. This is a legal document that outlines the plaintiff’s claims against the defendant, including the alleged facts and legal basis against the defendant.
Discovery
This is the stage where both parties exchange information about the case. This stage is critical to building a strong case and understanding the strengths and weaknesses of the opposing party’s position. In this stage, parties may request documents, interrogatories or deposition from the other side.
Pre-trial motions
This may include motion to dismiss, motions for summary judgment or motions to exclude evidence. These motions can be critical to the outcome of the case.
Trial
If the case proceeds to trial, both parties will present their case before the judge or jury. This is where the legal documents are presented and parties will have the opportunity to cross-examine witnesses and make closing arguments.
Post-trial motion
After the trial, either parties may file for post-trial motions, asking the court to reconsider its decision or seeking a new trial. If the outcome is still unfavorable, the losing party may appeal the decision to a higher court.
