Business law is a fairly broad practice area that encompasses everything from contract disputes and financial liabilities to corporate structures. Although every case that falls under this practice area is unique, the parties involved must follow the same proceedings to reach a resolution. Below, the legal team at The Law Office of W. Randall Holcomb PLLC explains what you can expect at the various stages of business litigation.

Understanding the Business Litigation Process

Filing a Suit

If you have grounds for a claim or claim has been brought against you a business lawyer will help you prepare and file the complaint and summons or an Answer. If you are looking to recover less than $10,000, you may file the case in small claims court. Otherwise, the suit should be filed to the Office of the Clerk of Superior Court at the courthouse in the county where venue is proper, something that your attorney can help you in determining. Business or contract disputes where the amount in controversy is in excess of $25,000.00 should be brought in the Superior Court. Sometimes, in complex business litigation, the case may end up being heard in the North Carolina Business Court. 

Building a Claim

Once the suit is filed, the defendant has 30 days to respond with an Answer and the discovery phase begins. During this stage, both parties get the opportunity to gather evidence that will contribute to their claim. For example, depositions typically occur during the discovery phase. You can also gather written testimony  and critical documents at this point. Depending on the evidence that comes to light during this stage, the opposing party may be willing to negotiate for a settlement. Often settlement occurs at mediation. If a resolution cannot be reached, the case will likely proceed to trial.

Attending Trial

When business litigation reaches trial, the plaintiff has the burden of proof. This means, it is up to you and your attorney to present irrefutable evidence of wrongdoing or breach of contract. The defendant will have a chance to address or discount every piece of evidence you submit, but if you performed due diligence during discovery, you should be able to secure a favorable outcome.

If your company is facing a legal dispute, turn to The Law Office of W. Randall Holcomb PLLC for quality legal counsel during every stage of the civil litigation proceedings. Based in Greensboro, NC, this firm is proud to represent local business owners and help them achieve the legal resolutions that will ensure their companies flourish. Visit their website to learn more about the comprehensive services they provide, or call (336) 888-8760 to schedule an initial consultation with a business litigation attorney today.