Understanding the Stages of Business Litigation

 Posted on February 08, 2024 in Uncategorized

Business litigation in Illinois can be a complex and time-consuming process. It involves various stages that must be followed to ensure the just resolution of disputes. If you are entering into business litigation, whether regarding a small business or another matter, hire a business litigation attorney to get the essential professional guidance you need.

Pre-Filing and Investigation

The first stage of business litigation in Illinois begins before a lawsuit is filed. It involves gathering evidence, conducting interviews, and researching the legal claims and defenses. This stage is crucial as it helps the parties assess the strength of their case and determine whether litigation is the best course of action. Attorneys may also engage in settlement negotiations during this stage to explore the possibility of resolving the dispute without going to court. 

Pleadings Process

Once the decision to proceed with litigation is made, the plaintiff files a complaint with the court, outlining the legal claims against the defendant. The defendant then has a specific period to respond by filing an answer, admitting or denying the allegations made in the complaint. In Illinois, the parties may also file additional pleadings, such as counterclaims or crossclaims, to assert their claims or bring additional parties to the lawsuit. 

Discovery Process

Discovery is a crucial stage in business litigation where both parties exchange information and evidence relevant to the case. This can include documents, witness statements, and other evidence. Discovery helps each side understand the strengths and weaknesses of their case, and it promotes fairness and transparency in the litigation process. In Illinois, parties can use various discovery methods, including written questions, depositions, and requests to produce documents. 

Pre-trial Motions

During the pre-trial stage, attorneys may file various motions to resolve legal issues before trial. In Illinois, these motions can include motions to dismiss, motions for summary judgment, or motions to exclude specific evidence. The court will review these motions and make determinations that can significantly impact the case outcome. Pre-trial motions help streamline the litigation process and narrow the issues to be presented at trial. 

Trial Process

If the case is not settled or resolved through pre-trial motions, it proceeds to trial. Each party presents their case before a judge or jury during the trial. They present evidence, call witnesses, and make legal arguments to support their positions. In Illinois, trials can be complex and involve extensive preparation, including jury selection, opening statements, examination, cross-examination of witnesses, and closing arguments. 

Post-trial Motions and Appeals

After a trial in Illinois, the losing party may file post-trial motions, such as motions for a new trial or to set aside the verdict. These motions allow the court to correct errors or reconsider certain aspects of the case. If the party is still dissatisfied with the outcome, they can appeal the decision to the Illinois Appellate Court. Appeals focus on reviewing possible legal errors made during the trial and do not involve re-litigating the facts of the case.

Contact Our Arlington Heights, IL Business Litigation Attorney

The skilled Cook County, IL business litigation lawyers at Dickler, Kahn, Slowikowski & Zavell, Ltd. are well-qualified legal professionals ready to assist you in all stages of business litigation. Contact 847-593-5595 for a private consultation today.