Commercial Litigation Process

Newark Commercial Litigation Lawyers

New Jersey Corporate Law Attorneys

The skilled commercial litigation lawyers at Robinson Miller LLC have years of experience that they utilize when addressing matters of commercial and business litigation. Below are some of the steps in the process, which an attorney at the firm can discuss with you and explain how they may apply in your specific situation.

Before Filing a Lawsuit

If something goes wrong with your business or you have a dispute with another party, it is essential that you enlist the assistance of capable counsel in order to address the issue as soon as possible. In some cases, litigation is not necessary. However, when the situation does progress to a lawsuit, you should be aware of all of the issues that may impact your case, such as statute of limitations and filing in state or federal court. Your attorney can determine what documents need to be gathered and prepared in order to file the suit.

Filing the Complaint

Whether the complaint is filed by you or against you, our firm is well-versed in handling all phases of commercial disputes. After the lawsuit is actually filed, there are many steps that must be taken in order to thoroughly prepare the case for settlement or trial. These steps can include dealing with:

  • Motion to dismiss
  • Counterclaim, cross claim or third party claim
  • Affirmative defenses
  • Motion for judgment on the pleadings
  • Pretrial conference
  • Discovery
  • Requests for documents
  • Subpoenas for documents
  • Interrogatories
  • Depositions
  • Requests to admit
  • Motion for summary judgment
  • Final pretrial conference

Settlement or Trial

In most cases, commercial litigation matters are settled before trial. The firm is staffed with experienced lawyers who can negotiate with the other party in order to obtain a settlement. This may be a most cost-effective way of getting business owners back to their businesses and putting the legal matters to rest.

If a settlement cannot be reached between the parties, then proceeding to trial is inevitable. A trial is designed to resolve disputed issues and allow a judge and/or jury to decide on the facts in the matter.