By its nature, commercial and civil litigation is unusual in that no two fact patterns are the same. In contrast to personal injury litigation, and perhaps to a lesser extent, family law matters, the issues in commercial and civil litigation are typically unique to the case at hand. The parties in a commercial dispute also play a unique roll in that typically they have had a business relationship, which for some reason has gone sour. However they may still have an interest in continuing to work together, which often presents opportunities to settle the dispute in a creative way.
Civil lawsuits are commenced by filing of a complaint, to which the Defendant must file an answer or other responsive pleading in which the Defendant’s defenses are presented in summary form. Both the preparation of the complaint and the answer require careful and diligent analysis of the various claims being presented and the defenses that are available, since those matters may be deemed to have been waived if not presented at the time.
Following the filing of the complaint and answer, the parties engage in “discovery,” which is the procedure set forth in the law to allow the parties to discover the strengths and weaknesses of the other side’s case—and often, the strengths and weaknesses of their own case. Discovery can take the form of written questions (interrogatories and requests for admissions) and depositions—oral examination under oath. This is often the most important phase of the lawsuit in that the parties must flesh out the facts and information necessary to support their respective positions.
If one side, or both, feel that their position is strong enough, a Motion for Summary Judgment might be filed at this stage, which is basically an argument that the court should grant judgment in favor of the moving party without going to trial. This is often the stage where serious settlement negotiations begin because the parties now know the strengths and weaknesses of their relative positions.
If the case is not settled or resolved, the case will proceed to trial. Most civil litigation cases can be presented to a jury, but they are sometimes presented only to the judge.
Following trial, a verdict (in the case of a jury trial) or an order will be ender (in the case of a trial to the court). Either side can then file additional motions asking for reconsideration, and/or attorney’s fees. In Arizona attorney’s fees are generally awarded to the wining party.
Either side may then file an appeal to the Arizona court of appeals.
Commercial or civil litigation can be, and often is expensive, and litigants should seriously consider the settlement options at each stage of the process.
The Butler Law Office can provide you with the expertise and assistance to successfully present, or defend a commercial litigation case. Our knowledge of the Bankruptcy Law gives our firm an advantage in representing our clients since there is often the option for either side to file bankruptcy, which will stop the litigation, but presents its own set of risks and opportunities due to the peculiarities of the bankruptcy law.
Butler Law Office has over thirty three years of experience and can help you make a decision that will be best for you!