COMMERCIAL LITIGATION
Commercial litigation involves a dispute over a commercial property or right. Common types are breach of contract, patent infringement, landlord and tenant, franchise disputes, construction liens and sale of goods.
STEPS IN A CIVIL LAWSUIT
The first step is the Demand. This usually takes the form of a lawyer's letter addressed to the defendant. It is advantageous in starting pre-judgment interest running and gives the defendant one last chance to settle. If you receive a demand letter, you should attempt to ascertain whether the plaintiff will follow through with his threat. If the plaintiff is serious, consult a lawyer and consider the advantages of settlement and or start preparing to defend the coming lawsuit.
The next stage is putting together your Documents and a Chronology of the relevant events. The more detailed you are at this stage, the better and more efficient your lawyer will be.
If you anticipate litigation, take care to preserve the evidence, eg notes of important conversations, photos of where a slip and fall took place, photos of injuries, names of witnesses and tapes of phone calls.
If the defendant doesn't settle after receiving your lawyer's demand letter; your lawyer will have to draft a Statement of Claim. This is a legal document setting out the essential facts giving rise to your claim and listing the relief you want the Court to award.
If the defendant fails to file a Defence, you will be able to sign default judgment. However, usually a Defence is filed. A defendant who doesn't have any money may not bother to defend.
The next stage is Documentary Discovery where each side discloses their documents to the other.
The lawsuit then moves on to Oral Discovery where each side (usually the lawyers) asks the other all manner of mostly relevant questions related to the lawsuit. Documents not disclosed voluntarily are demanded.
This straightforward progress may be interrupted by Interlocutory Motions. These include requests by one side or the other to the Court to strike out, refine or amend pleadings, force the other side to disclose information or documents and to rule on other points of law.
When the parties are ready for trial, the Court calls them in for a Pre-trial. The Judge will listen to the strengths and weaknesses of each side's case and will suggest possible settlement. She will also make sure the case is in fact ready for trial.
At or before this stage formal Offers to Settle are often exchanged. If a party receives more at trial than he was willing to take or give before trial, the other side will have to pay a higher proportion of his legal costs.
At Trial, each party must prove his or her case. Witnesses must be called to the Court room to give oral evidence; a letter is insufficient. The origin of documents must likewise be proved.