Business litigation

Litigation is the process by which disputes are brought before a court seeking a legal remedy for an alleged wrong.

Litigation, also known as a "lawsuit," is started by a plaintiff. The plaintiff files a complaint with the court. The complaint will detail the basis for bringing the lawsuit, the facts behind the the lawsuit, and the damages or relief sought. The complaint is then served upon the defendant (the party being sued). The defendant then has a period of time to respond and raise other objections.

Once the defendant has responded to the complaint (generally through an answer), the parties will begin discovery. This is the process of exchanging information and other evidence pertinent to the litigation. Discovery is intended to avoid surprises during trial, and allow both parties to assess the others' case. Often cases will settle during the discovery phase.

Once discovery is complete, the trial begins. Often this is before a jury, however it is possible to have the trial before a judge only. The plaintiff has the "burden of proof" in showing the judge or jury that he should succeed. The defendant has the "burden of proof" for some other matters, such as "affirmative defenses."

Once the trial is complete, a decision or judgment is made. This may before for the plaintiff or defendant, and may include monetary damage awards, attorneys fees, and equitable relief (injunctions or decrees for someone to act or stop acting).

After judgment, either party may appeal to higher courts for review. Common reasons for an appeal are improper rulings of law, improper interpretation of facts, and reducing/increasing a damage award.

Once all appeals are complete, then the the judgment must be enforced. This is usually done by the prevailing party, and includes the use of court orders and other procedures to obtain compensation or action.

At most steps during the litigation process, the parties can reach a settlement that will end the lawsuit, generally in return for promises and other consideration.

Our law firm can help with your business litigation matters. We invite you to come in for an initial free consultation.To contact us, fill out the form on this page or call us at 858-350-3124 (San Diego) or toll free at 800-361-1961.