Wheher a vendor has breached a contract, a customer has failed to make payments, or your company have been sued you may have no choice but to pursue or defend your interests in court. If you’ve never been involved in a lawsuit, the business litigation process can seem complex and intimidating. Understanding what to expect will help you prepare and achieve the best possible outcome for your case.

An Overview of the Business Litigation Process

1. Hiring an Attorney

Whether you’re filing the complaint or have been named in a suit, you’ll need an accomplished attorney with extensive business litigation experience. They’ll represent your interests in negotiations, collect the evidence necessary to support your case, and present your arguments in court. In North Carolina, a Corporation or LLC cannot represent itself in the District or Superior Court of North Carolina. 

2. Filing & Discovery

Once your attorney has developed a strategy, they’ll either file a complaint with the court or respond to the other party’s filing. Before the trial, both sides will have an opportunity for discovery, conducting depositions, filing motions and requesting documents that may bolster their case. Between the date of filing and a potential trial, both sides generally engage in substantial negotiation in efforts to resolve the underlying claims and often participate in mediation. 

3. The Trial

During the trial phase, both sides will get the chance to argue their case before a judge. Because the party filing the complaint  has the burden of proof, they’ll generally go first. After they present their witnesses and evidence, the defense will have a chance to offer a rebuttal. 

4. Post-Judgment Matters 

Regardless of the outcome of your trial, you should expect some additional actions afterward. If the plaintiff succeeded, they would likely begin attempting to collect their judgment and if your business prevails, there will likely be a considerable amount of work ahead collecting and enforcing the Judgment after the period for either side to appeal has passed. An experienced business and civil litigation attorney can guide you through each step of the process. 

If you’re involved in a business dispute, The Law Office of W. Randall Holcomb, PLLC has the expertise to protect your interests and provide the detailed legal guidance you need. Because they focus so closely on business litigation, you can rely on their team for a clear assessment of your options and zealous protection of your interests. Follow their Facebook for more legal insight and call (336) 888-8760 or visit their website to schedule a consultation at their office in Greensboro, NC.