9 Things to Know About How Commercial Litigation Works

Ligation of any kind is a serious matter. The decision to head into any form of legal dispute needs to be carefully considered. Understanding the process of litigation is vitally important before it begins. 

It’s a Process 

Commercial litigation is an established process with procedures that must be followed. When anyone chooses to embark on this course of action they should be aware that certain processes will come into play as they do so. 

A Summons 

A typical commercial litigation case begins a legal document known as a summons. A summons is a specific document that sets out the terms of the issue to those person receiving it. The summons will tell the person or company they are being sued. It also includes information the name of the court where they are being sued and how much time they have to reply as well as the name of the company or individual bringing the lawsuit. 

The Complaint

Another part of the process of commercial litigation is the filing of a document known as the complaint. The complaint has additional information including the court has the right to jurisdiction over the issues as well as why the person suing is entitled to seek redress. 

Only a Short Time

The summons and the complaint indicate the period of time the respondent has in regards to the case in question. Anyone or company that is being named as part of this issue has the right to respond to the litigation in a certain period of time. This period of time will be specifically named in the documents when they are delivered. 

Default Judgement

If the company or individual does not respond to the litigation notice during the time allotted, the person or company who filed the report may receive what is known as a default judgement. This means the court found in their favor. Courts typically hand the complainant the judgement they asked for during the process as they have have no evidence to the contrary from the other party. If the other party does respond, this kind of judgement will not be rewarded by the courts. 

A Pre-Trial Stage

The pre-trial stage is the stage when all parties involved prepare a case for the courts to judge. This stage can be quite involved and may take some time. It’s important that all parties have what they need done at this point in time. This is process of gathering evidence in their favor, interviewing all those related to the case and contacting anyone who may have any form of testimony that is relevant to the case in some way. 

Labor Intensive

It’s important to keep in mind that any form of commercial litigation may be highly labor intensive. The lawyers and all others involved may need to spend hours crafting relevant legal documents and making arguments. All of this can take time and may cost money for the participants. It’s a good idea to set aside a budget in advance for this process. 

In Front of a Jury

Anyone who files a commercial litigation case has the right to ask for a specific legal judgement process. They can opt for a judge to hear the case alone and make a ruling. They can also opt for a jury. Juries are the most commonly used form of determining a verdict in the event of any kind of civil litigation. The jury will listen to the case from start to finish and then make the final judgement for both parties. 

Varied Remedies

A claimant can seek out varied forms of relief from the jury or a judge. They can ask for varied kinds of relief. This includes direct monetary compensation in the form of a specific amount of money that the jury may decide is warranted. Commercial litigation many also include other types of compensation such as an agreement that the other person or company is entitled to a share of the profits from a specific type of patent. Once this is decided, the other party has the legal right to pursue the compensation owed to them. 

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About the author: Wifred Murray

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