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| 11271 Ventura Blvd. |
| Suite 473 |
| Studio City, CA 91604 |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Warner Center Towers |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Watt Plaza |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Fashion Island |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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Litigation Procedure
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As litigation can be complicated, if your business is contemplating litigation, it is helpful to understand the process through which your dispute will be resolved. As courtroom procedure alone can change between counties and courthouses, the Law Offices of Thomas & Associates can provide assistance and counsel regarding your jurisdiction, court, and the procedure that you should follow.
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Pleadings
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Pleadings are documents filed with the court that describe the claims and defenses of the parties. The plaintiff will start the lawsuit with a Complaint, informing the court of the legal basis for the lawsuit. The defendant will then have the opportunity to provide an Answer setting forth their defense(s). When the defendant wants to attack the Complaint before providing an Answer, it may file a responsive pleading called a Demurrer, seeking to have the judge rule to invalidate the Complaint.
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Discovery
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Once the pleadings are served and any preliminary motions resolved, the parties will engage in discovery. Discovery is the investigative process through which parties uncover the facts of the dispute through the use of oral (depositions) and written (interrogatories) questions.
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Motions
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Motions are drafted pleadings that are filed with the court targeted at trying to get the judge to make a certain ruling. Motions are presented to the court for determination by either a judge, a hearing officer, or a referee. A case may succeed or fail on the merits and determination of a particular motion.
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Pretrial Proceeding
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The majority of litigation is done pretrial. Pretrial proceedings give direction to the litigation and provide a structure for trial. Effectively utilizing the pretrial period allows parties to increase the efficiency of the litigation and allows the court and the parties to assess the strengths and weaknesses of their claims prior to trial.
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Trial
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Although most of litigation occurs prior to trial, the advocacy skills of the attorney are mostly visible at trial. Taking place before a judge, a jury, or a panel of judges, trial is where witnesses are examined; evidence is presented; and arguments are made.
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Judgment
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At the conclusion of a trial, the court orders a judgment. The judgment could result in money damages or a court order requiring a party to take specific action.
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Appeal
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Generally, either party can appeal a judgment of the trial court. Some parties use an appeal to ask for a reversal of the judgment due to an error committed by the trial court. Other parties ask the appellate court to review the facts and law of the case alleging a mistake in the interpretation and application of the law by the trial court. However, the appellate process is very specific and requires certain guidelines to be followed.
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Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary consultation on your business litigation needs.
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Q: How does a business litigate a business issue?
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A: The business litigation process is the same process that would be followed in a civil lawsuit, including pleadings, discovery, pretrial matters (i.e. motions), possible settlement negotiations, trial, and possibly appeal.
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Q: What is a class-action lawsuit?
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A: A class action is a lawsuit wherein one or two named plaintiffs represent a much larger group of plaintiffs. Often, the issue is one where there has been an injury to a large enough group of people that individual litigation would be inefficient.
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Q: Can business entities participate in a class action?
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A: Yes. If a business entity has an injury in common with a greater group of plaintiffs that have formed a class, then the business may qualify as a class member.
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 Small Business Administration (SBA)
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The SBA is the federal agency charged with promoting and protecting small business interests in the US. Their Web site is a good source for many business-related questions.
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Microsoft® Small Business Center
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Microsoft provides interesting article about avoiding business lawsuits.
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National Federation of Independent Business® (NFIB®)
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Web site of advocacy organization for independent business owners provides articles about business lawsuits.
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