Commercial litigation refers to business activities and relationships. It is generally a term used to define two businesses involved in court proceedings. However, commercial litigation can also take place between a business and individual. When one person or company has a dispute with the other business that they cannot resolve on their own, they generally turn to a commercial litigation attorney or business litigation lawyer in Texas.
An attorney skilled in this area of the law will generally attempt to resolve the dispute through writing letters and making phone calls. However, if negotiations fail, then a lawsuit would have to be filed.
What are the steps involved in a commercial litigation lawsuit?
- First – a commercial litigation lawyer would prepare the “complaint” on behalf of the plaintiff. This document essentially asks the court to resolve the dispute. The complaint is a formal document accusing the other party, the defendant, of wrongdoing. The plaintiff may ask the court for specific actions. For example, a business may ask that another business stop making a competitive product on the basis of stolen trade secrets. During this stage, the defendant will receive a notice informing them that they are being sued.
- Second – the defendant gets a chance to respond to the accusations within a certain number of days. The defendant meets with their attorney to prepare their side of the story.
- Third – the discovery phase is the next step in a Texas commercial litigation lawsuit. Both sides have to provide one another with documents and any information they have about the case to the other party. They also may have to take depositions under oath and interrogatories in order to gain as much information as possible.
- Fourth – trial preparation follows the discovery phase. Your lawyer may urge you to settle or pursue your case in court after hearing what the other side may or may not have against you.
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