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Hi my name is Reed Bloodworth and I’m an attorney in Orlando Florida. I’d like to answer the question: what are the stages of business litigation to explain what happens when you file a lawsuit.
Here are the steps that occur when you decide to file a Florida lawsuit. There are many options available to you for resolving your business dispute which is known as business litigation. Litigation can involve several business actions.
What are the Stages of Business Litigation?
Most people who have a business problem or dispute will often say, “I’m going to sue you!” In actuality, there are multiple stages of business litigation. There are many alternative legal actions that may resolve the legal problem and you can decide that action based on what your attorney will advise. Lawsuits are expensive and time consuming and you should know that there are options and methods for resolving legal problems.
Throughout the business litigation process as a client you will be informed and educated on the legal stages that your case will go through and all the options that you may choose from. However, you’ll be helped and advised through the legal voice of your attorney.
Let’s say you have a broken contract which is also known as breach of contract. You can pursue legal action (business litigation) against the person or parties breaking the contract. A contract is a written promise to perform services, or purchase goods or other legal agreements for a fee or value.
Should You File a Lawsuit?
Now maybe you’re in the precarious position of either waiting for the other party to fix the broken contract agreement on your own or you can hire an attorney to actively and formally handle the business litigation.
The suggestion is that you have an attorney write and review all contracts to prevent lawsuits, breaches and most importantly protect your finances. Every time you write or sign a contract you are legally bound and the statements that you agree to by signing a legal contract can and usually do have financial impact on you, your business and your future. Consult with an attorney for every contract you sign to protect yourself.
Stages of a Lawsuit
When you hire an attorney to handle a legal action, ask them before you hire them about the stages of business litigation so that you understand their process, what they suggest in your legal instance and what the alternatives and choices you have to legally resolving the problem
- Prepare and send a demand package
- Try to negotiate
- File a lawsuit
- Pleadings stage
- Discovery stage
- Exchange information, admit evidence
- Motion for summary judgment
- The trial
Stage 1: Demand Package
The first stage is we’re going to prepare and send a demand package. We’re going to attempt to get the party on the other side to negotiate with us.
Stage 2: File a Lawsuit
If that fails we’re then going to file a lawsuit. When you file a lawsuit you have a complaint and then the other side prepares and files an answer. This might be the time when you get nervous but you should relax when you’re working with a litigator who is experienced, who knows the area of law, who you have confidence in to fight for you and for your case.
Stage 3: Pleadings
That’s called the pleadings stage of mediation. Pleadings are certain formal documents filed with the court that state the parties’ basic positions. Common pre-trial pleadings include the complaint, the reply, the counterclaim and the answer.
Stage 4: Discovery
The next primary stage of litigation is one of discovery. That stage is where the parties exchange information back and forth so everyone knows what evidence is going to be admissible. Discovery prevents ambushes and surprises in court.
Stage 5: Motion for Summary Judgment
The next stage is called the motion for summary judgments dispositive motion stage where parties can attempt to win the lawsuit or a portion of the lawsuit by filing certain motions with the court.
Stage 6: Trial
Finally there’s the trial. The trial is where the parties put all of their evidence before the either the judge or jury and the judge or jury renders a verdict one way or the other.
Time to File a Lawsuit
A person has a varied degree of time to file a business lawsuit depending upon they type of lawsuit that needs to be filed. For instance if someone needed to file perhaps a specific performance claim that may need to be filed within one year from the date of the instance that gave rise to the claim.
Or they need to file a cause of action on a breach of contract. If it’s a written breach of contract you may have up to five years to file that lawsuit.
So again it all depends on the type of action that needs to be filed. Again my name is Reed Bloodworth let me know if I can help you.