Commercial law covers almost all types of consumer, business, and commerce transactions. Commercial litigation involves disputes involving business and commercial transactions. Parties can use alternative dispute resolution (ADR) to resolve their differences without either party filing a lawsuit. Forms of ADR include negotiation, mediation, arbitration, and collaborative law.
When attempts to resolve commercial disputes out of court fail, either party may file a lawsuit to take the case to trial. Commercial litigation is complex and requires an experienced attorney to navigate the legal process. Our South Carolina commercial litigation attorneys discuss the stages of commercial litigation below to give you an idea of how a case may proceed after a lawsuit is filed.
Initial Consultation and Case Review
The first step is to schedule a consultation with an attorney to discuss the specifics of your situation. The attorney gathers information and facts to assess your legal options. The attorney evaluates your case to determine the potential legal claims, strengths, weaknesses, and potential outcomes. Then, they explain your legal options to help you decide how to proceed.
Alternative Dispute Resolution (ADR)
Generally, your attorney attempts to resolve the dispute through negotiations or other ADR methods. Commercial litigation can be lengthy and expensive. Settling the dispute out of court is often the best alternative. However, there are situations where an attorney will advise you to proceed with a lawsuit.
Filing and Service of Pleadings
Commercial litigation begins with the filing of the complaint. The complaint provides relevant information about the case, including the parties involved, the facts alleged by the plaintiff (i.e., the party filing the lawsuit), an explanation of the dispute, a discussion of the relevant law, and a demand for relief.
The complaint is served on the defendants (i.e., parties being sued). Generally, responses or answers to the complaint must be filed within 30 days. The defendants may include a counterclaim. If so, the plaintiff can respond to the allegations in the counterclaim.
Discovery
The discovery phase is usually the longest and most involved phase of commercial litigation. Discovery is governed by Rule 26 of the South Carolina Rules of Civil Procedure. During discovery, the parties exchange information and documentation. Examples of discovery include:
- Subpoenas
- Interrogatories
- Request to Produce Documents
- Depositions
- Requests for Admission
The goal is to gather as much evidence as possible to support your claims. Also, the parties want to learn the strengths and weaknesses of the other side’s arguments.
In many cases, parties may enter settlement negotiations after the discovery phase. Because the parties have more information, they may be open to settlement instead of taking the case to trial.
Pre-Trial Motions and Trial Preparation
This phase involves filing various motions with the court to address procedural and legal issues. Common motions include motions to dismiss, exclude evidence, admit expert witnesses, and summary judgment.
Preparing for trial involves preparing trial exhibits, organizing evidence, preparing witnesses, and strengthening trial strategies. The attorney also finalizes their arguments for trial.
Trial and Verdict
The attorneys can make opening statements to the jury explaining the case and what they intend to prove. The plaintiff presents their case first during a commercial litigation case, followed by the defendant. The attorneys finish the trial with a closing argument summarizing their case. The jurors deliberate and render a verdict.
If the verdict is in favor of the defendant, the court dismisses the case. If the jury rules in favor of the plaintiff, the court may award damages and other relief.
Post-Trial Motions, Appeals, and Enforcement
Post-trial motions include motions for a new trial, a judgment notwithstanding the verdict, and a request to alter or amend the judgment. A party may appeal the decision to a higher court through the appellate process. Once a final judgment is entered, the party receiving relief seeks to enforce the judgment by collecting damages, seeking injunctive relief, or obtaining specific performance.
Contact Our South Carolina Commercial Litigation Attorneys to Discuss Your Situation
Our South Carolina commercial litigation attorneys at Willcox, Buyck & Williams, P.A. have extensive e experience in numerous areas of business litigation. We are seasoned trial lawyers and skilled negotiators. Call our office to schedule a consultation with an attorney to discuss options to resolve your business dispute.