Courtroom Procedure
In the event your business becomes involved in litigation, knowledge of courtroom procedure is essential. Courtroom procedure can be complicated, and knowing what to expect can enable a business to prepare effectively. In addition, state and federal law govern procedural issues; depending on the jurisdiction and the specific court involved, there may be notable procedural differences. If you are faced with litigation involving a business transaction or any aspect of your business, a lawyer can provide additional assistance and counsel regarding your jurisdiction, court and possible legal options for your situation. Call today to schedule a consultation with a business attorney.
Pleadings
Pleadings are initial filings with the court that describe the parties' claims and defenses. For example, a complaint will state the claims a plaintiff has against a defendant, and the defendant's answer may assert defenses, counterclaims and cross-claims. Sometimes a third-party action must be started, bringing in a new party. The complaint must be served on all parties. The defendant may then answer the complaint or seek to dismiss the action on one or more grounds. Once the pleadings are served and any preliminary motions resolved, the parties will proceed with discovery.
Motions
Motions are used by the parties for a variety of reasons. Sometimes they are used to request a dismissal of an action. Sometimes, they are used to narrow the issues, exclude an issue or resolve an action as a matter of law. Motions are presented to the court for determination by one judge, or in some cases a hearing officer or referee. A large part of the litigation process may be spent on motions, and it's possible a case may succeed or fail on the merits and determination of a particular motion.
Pretrial Proceedings
A large part of the litigation process is spent on pretrial matters. Pretrial proceedings are designed to make the trial more efficient, giving the respective attorneys opportunity to discover the strengths and weaknesses of the parties' claims to be presented to the court either by motion or at trial. Many issues may already be resolved before settlement is discussed or trial begins.
Trial
A trial can take place before a jury, a judge or a panel of judges. A trial provides each party with the opportunity to present evidence; call, examine and cross-examine witnesses; and make opening and closing arguments. In the case of potentially complex business litigation, the trial could take place months, or even years, after the initial proceedings.
Judgment
At the conclusion of a trial, the court renders a judgment. The judgment could result in money damages or a court order requiring a party to take a specified action. Generally, business-litigation claims seek money damages, and in many instances, a money judgment may be held as a lien against assets or real property owned by the unsuccessful litigant.
Appeal
In most cases, either party can appeal a judgment of the trial court. In some instances, the appeal will involve a party asking for the reversal of a case due to trial-court error, or a petition to review the case de novo (requesting the appellate court to review the facts and law without deference to the trial court's judgment) alleging a mistake in the interpretation and application of the law.
Speak to a Business Litigation Lawyer
If your business is facing an issue that may result in litigation, it is critical to understand the legal matters and various possibilities for conflict resolution. A skilled business lawyer can assist you with this problem.
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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
For more information, or to speak with one of WHGC's business litigation lawyers, please visit our contact page. All legal consultations are strictly confidential under attorney-client privilege. From law offices in Beijing, and Mountain View, and headquarters in Newport Beach, California, we serve businesses across the nation and the world, including China, Hong Kong, Japan, India, South Korea, Singapore, and all other major Asian countries. Many United States-based clients are centered in the California Bay Area, San Francisco, Oakland, Simi Valley, Mountain View, the Southern California areas of Orange County, Los Angeles, Riverside, San Bernardino and San Diego, and the East Coast of the United States.
