Steps For Business Litigation Process

Civil litigation matters are not pleasant for any business owner

, but often are necessary. Not all matters can be reasonably handled between the parties. When a dispute arises that cannot be resolved, you need the help of a business litigation attorney in Los Angeles.. The first step to commencing litigation is understanding which venue the matter belongs in.

In a case where the dispute is about money amounting in less than $10,000, the matter can usually be handled in Small Claims Court. If your business is a corporation and you are the plaintiff, then the amount is limited to $5,000. In Small Claims, the matter is handled without the representation of attorneys from either side. If you are the plaintiff and lose, the case is over. If you are the defendant and lose, your next option is to file an appeal to the Superior Court for a de novo hearing (Latin for from scratch. At this point, you need to seek the guidance of a business attorney in Los Angeles to assist you in your appeal.

If you are in a dispute that involves an amount of money greater than the jurisdictional limits of Small Claims, the case is usually be filed in the California Superior Court. . In Superior Court, cases fall into two categories being either Limited Jurisdiction (up to $25,000) or Unlimited Jurisdiction (exceeding $25,000).. In subject matter deals with federal issues, such as trademark or copyright infringement disputes, the case can be heard in federal court, more formally known as United States District Court. Even if the matters involve only state law, if the parties involved in the case are in different states and the dispute amount is greater than $75,000, the federal court can have jurisdiction and grounds of their being diversity. This must be determined from the time that the action is followed and be in consideration of where the parties lived at that time. As long as none of the defendants and plaintiffs have the same resident state, then diversity jurisdiction will apply.

After the lawsuit and summons are filed and served, the parties go through the process of requesting and exchanging information known as discovery. This can included demands for production of documents, answers to written questions called interrogatories, and oral questioning in depositions.

Ultimately, the matter is set for trial. If money damages are sought, any party can request a jury trial. If a jury is not requested, the matter is tried before a judge in what is called a bench or court trial.

If you find yourself in a business litigation matter, it is best that you consult with an experienced business attorney to represent youth. Our team of attorneys can zealously advocate your position to get you the best possible results. For further details, visit www.SmallBusinessLaw.org.

by: david moore

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