Business Lawyers Blog
Business owners generally prefer to avoid court, but certain legal disputes may require litigation. For such cases, the Texas business litigation attorneys at Structure Law Group are equipped to guide you through all phases of a business lawsuit. This includes handling breach of contract cases, shareholder or partnership disputes, or allegations of unlawful employment practices. Our team will advise you of your legal rights and help develop a litigation strategy to achieve the best possible outcome.
What Happens Before Litigation Begins?
Legal disputes do not typically begin when someone files a lawsuit. Instead, they typically begin when one side sends a “demand letter” outlining how they see the dispute and how to prevent a lawsuit. For example, in a breach of contract dispute, the party alleging the breach may send a demand letter insisting on compliance with the terms of the agreement. If the other side agrees to the demand–or is at least willing to enter negotiations–that is often sufficient to avoid a lawsuit altogether.
How Does a Business Lawsuit Start in Texas?
A civil lawsuit in Texas begins when the petitioner (plaintiff) files a formal complaint known as a petition. The petition identifies the parties to the lawsuit, a brief recitation of the facts, and the relief sought by the petitioner. The petition must be filed in a trial-level court with appropriate jurisdiction. In Texas, district courts have jurisdiction over all civil actions where the amount in controversy is over $200, but lawsuits seeking less than $20,000 may be filed in a county court instead.
After a petition is filed, the court will issue a citation, formally notifying the lawsuit’s respondents. This notice will also contain a deadline for the respondent to file a response to the petition. This response can come as an answer that admits or denies each allegation in the petition. Alternatively, the respondent can file a motion to dismiss the case or even file a counter-petition raising allegations against the petitioner.
Discovery and Trials
If the lawsuit survives a motion to dismiss and the parties do not settle their dispute, discovery is the next stage of the litigation process. This is often the longest part of the process. During discovery, each side must share documents and evidence with one another. Each side may also take depositions of any witnesses. Depending on the nature of the lawsuit, this can take weeks, months, or even years.
Once discovery is complete, the judge will set a trial date. During the trial, each side presents their case to a judge or jury, who then renders a judgment. If either side disagrees with the judgment, they can file an appeal.
Contact Structure Law Group Today
At any point during the process described above, the parties can seek alternative dispute resolution such as mediation, arbitration, or direct negotiation. Indeed, most business litigation is resolved without the need for a trial. Our qualified Structure Law Group Texas business litigation attorneys can advise you further on the specific facts and circumstances of your case. Contact us today at (512) 881-7500 to schedule a consultation with a member of our staff.