Commercial disputes involving companies can intensify rapidly, and understanding the timelines and expectations of the commercial litigation process is vital to planning your strategy moving forward. So how long does it take to litigate a business or commercial lawsuit? Perhaps more importantly, how can your company position itself to achieve a timely resolution
While it is difficult to accurately forecast the timing of litigation, we can provide a fuller understanding of the factors that help reduce the risk of delays and to what extent we can influence timing. To ensure that your efforts remain focused on the desired outcome, connect with Hone Law at (702) 608-3720.
What Is the Litigation Process?
Litigation is a formal legal process used to resolve disputes. In the context of business or commercial disputes, litigation is a valuable tool to put the issue in the impartial hands of a judge or jury and receive a final, enforceable decision on the matter. The most common issues that are handled using litigation include contract disputes, employment matters, and internal disagreements.
The litigation process varies slightly from state to state, but the general framework of the process is similar across the board, beginning when the plaintiff files a complaint with the court. The defendant in the case will then be served with paperwork and allowed to respond to the claims made in the complaint. According to Rule 4.2(c)(3) of the Nevada Rules of Civil Procedure, the defendant has 21 days after being served with the complaint to respond. In their response, the defendant can either affirm or deny the claims or even counter-sue the plaintiff.
Once a response is received, the plaintiff and the defendant can begin filing motions. At this stage, it is common for one party to move to compel discovery, requesting access to documents and records that the other party does not want to provide. The length of the discovery process varies depending on the complexity of the case and the level of cooperation between both parties but can take anywhere from a few weeks to over a year.
It is also common for a motion of summary judgment to be filed, which is used to argue that there is no real dispute about material facts and that the moving party should win as a matter of law. If the dispute is not resolved on summary judgment, it will move to trial. During trial, both parties can present evidence, call witnesses, and defend their claims. Finally, a decision will be issued. Either party can appeal the decision if it was not in their favor.
How Long Does it Take to Litigate a Business or Commercial Lawsuit?
Commercial lawsuits can be rigorous and time-consuming, especially if the dispute is particularly complex. The duration of the litigation process can be as short as a few months or as long as a few years. It is difficult to determine the exact length of time it takes to litigate a case, and an experienced attorney at Hone Law can clarify this matter based on the unique facts of your case. Generally, the following can be used as a rough approximation for gauging the timeframe of litigating a commercial or business lawsuit:
- Settlement can occur anytime during the litigation process. This may be done through arbitration, mediation, or another alternative dispute resolution method.
- Cases that include many witnesses and contain a great deal of evidence take two to three years to go to trial.
The frustration surrounding the question of “how long does it take to litigate a business or commercial lawsuit” is understandable, and many business entities hesitate to embark on the litigation process for this reason. Fortunately, with the help of a knowledgeable attorney, it is possible to resolve your dispute efficiently by strategically leveraging optimal legal techniques.
If Our Company Is Involved in a Business or Commercial Lawsuit, Will It Be Heard by a Judge or Jury?
The answer to this question depends on the type of case and the form of relief being sought by the plaintiff. In federal court, the Seventh Amendment requires a jury trial for cases seeking damages over $20, unless both parties waive this right. Likewise, the Nevada Constitution grants the right to a trial by jury unless waived by both parties in state courts. Issues not demanded for trial by jury will be heard by a judge.
If the plaintiff in the case is seeking an injunction or a different type of non-monetary remedy, then a jury is not required. Foreclosure and eviction cases, for instance, do not carry a right to jury trial. Even if your case is heard by a jury, the jury is not involved until the actual trial. Before trial, the judge will make all key decisions about evidence, motions, and settlement negotiations.
What Do Juries Do?
Juries are appointed to decide on questions of disputed facts. If two witnesses have conflicting views, for example, the jury will decide which perspective is credible. Juries have the authority to make key decisions about whether one party violated the terms of a contract, whether misconduct rose to the level of fraud, or whether a party should be held accountable for corporate wrongdoing. The decision to ask for a jury or have a judge decide the case is important, and there is no cut-and-dried answer to which approach is right.
How Can Hone Law Help Efficiently Resolve Your Business Lawsuit?
How long does it take to litigate a business or commercial lawsuit? What steps can my company take to safeguard our interests and assets during litigation? Ultimately, protecting your company from legal action requires a proactive strategy. At Hone Law, our deep bench of seasoned trial lawyers has successfully tried or arbitrated countless cases to verdict.
When you hire us to resolve your dispute, you can expect that we will thoroughly review all possible options to formulate a strategy for efficiently resolving the lawsuit while minimizing disruption to your operations. To learn more, consider contacting our team at (702) 608-3720 today.