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What To Expect During The Commercial Litigation Process

Posted on January 15th, 2025

As Kalispell, MT commercial litigation lawyers, we understand that the prospect of commercial litigation can feel daunting. Whether you’re a business owner, an executive, or an entrepreneur, navigating the complexities of a legal dispute takes time, resources, and strategic planning. To help you feel more prepared, we’ve outlined what you can expect during the commercial litigation process.

1. Initial Consultation And Case Assessment

The first step in the process is meeting with us to evaluate your case. During this consultation, we’ll listen to your concerns, review relevant documents, and help you understand your legal position. Our goal is to provide a realistic assessment of your case, including potential outcomes and risks.

2. Pre-Litigation Efforts

Before filing a lawsuit, we often explore alternatives to litigation, such as negotiation, mediation, or arbitration. These methods can resolve disputes more quickly and cost-effectively. If these efforts fail, and litigation becomes necessary, we’ll guide you through the next steps.

3. Filing The Complaint Or Responding To One

If you’re initiating the lawsuit, we’ll prepare and file a complaint detailing your claims and the relief you’re seeking. If you’ve been served with a complaint, we’ll help you draft a strong response, addressing the allegations and asserting any defenses or counterclaims.

4. The Discovery Phase

Discovery is a critical part of the litigation process, where both sides exchange information to build their cases. This phase includes:

  • Document Requests: We may request contracts, emails, financial records, and other evidence.
  • Interrogatories: These are written questions that the opposing party must answer under oath.
  • Depositions: Witnesses and parties may provide sworn testimony, which can be used during trial.

We’ll handle this phase meticulously to ensure we uncover all relevant facts to strengthen your position.

5. Pre-Trial Motions And Hearings

Before trial, there may be motions filed to resolve certain issues or narrow the scope of the case. For example, we might file a motion to dismiss if the opposing party’s claims lack merit or a motion for summary judgment if the facts clearly support your case.

These motions can significantly impact the direction of the litigation, and we’ll advocate aggressively on your behalf.

6. Trial Preparation

If the case proceeds to trial, preparation is key. We’ll work closely with you to develop a compelling case strategy, organize evidence, and prepare witnesses. This phase also involves drafting opening and closing statements and ensuring that we’re ready to present a strong argument in court.

7. The Trial

During the trial, both sides present their arguments, evidence, and witness testimony. We’ll represent you every step of the way, ensuring your rights and interests are protected.

8. Post-Trial Actions

After the trial, there may be additional steps, such as enforcing the judgment, appealing the decision, or negotiating a settlement if one wasn’t reached earlier.

The commercial litigation process can be complex, but you don’t have to face it alone. At Silverman Law Office, PLLC, we’re committed to providing expert guidance and personalized support to help you navigate every stage of the process. If you’re facing a business dispute, reach out to us today to discuss your options and take the first step toward resolution.

CONTACT US

Fill out the form below to get in touch with our legal team or call Bozeman office at (406) 582-8822, Helena office at (406) 449-4829, or our Big Timber office at (406) 430-6600 to talk to someone right away.

Silverman Law Office - Bozeman

504 W. Main St.

Bozeman, MT 59715

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406-582-8822

Silverman Law Office - Helena

2620 Colonial Drive

Helena, MT 59601

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406-449-4829

Silverman Law Office - Big Timber

205 Hooper Street

Big Timber, MT 59011

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406-430-6600