A Deep Dive Into The Commercial Litigation Process

By James
18 Mar 2023
Often the dispute will start with a company being unhappy with the services or goods they have received. The commercial dispute between two parties is often referred to as an action in rem. This means it is a dispute between two entities rather than just between individuals.

Understanding the Commercial Litigation Process:

Starting the Lawsuit

Starting the lawsuit may involve filing a complaint with the court. This can be done through certain organizations, such as small claims courts in some jurisdictions, or by filing directly with a state or federal court. The complaint may be sworn in front of a court clerk, or it may just be written.


Discovery is the process of gathering evidence in a lawsuit. This could involve obtaining documents, tapes, or other things that may shed light on the issue.

It is important to remember that the court wants to hear only relevant details and specifics surrounding the case. The purpose is to seek out evidence related to the case and begin the discovery process.

Expert Witnesses

The court may also make use of expert witnesses for the case. This can significantly assist the court and provide an extra layer of legitimacy to the case. Expert witnesses are often hired as advisors and can offer valuable insight unavailable via more traditional means.


As the case progresses, several motions may be filed by either side. The most common are discovery motions and pretrial motions. Discovery motions are used to obtain evidence relevant to the case. Pretrial motions address proof that has been discovered, other parties involved in the case, or other issues related to the trial or hearing.


The trial is the culmination of the case. Both sides will present their evidence and arguments before a judge or jury during this time. The goal is to convince the judge or jury that their side of the argument is correct and should be followed.

Post Verdict

The parties may make settlement attempts following a verdict. The judge may attempt to assist the parties in agreeing. This can include asking each party if they have considered any offers; if they have not, he may try to intervene as a mediator.

Cost and Fees

The legal system, especially in commercial litigation, is costly. In addition to the potential for a large judgment in favor of one party or the other, court costs and attorney fees will also be involved.


The process of appeal is not uncommon in commercial litigation. It is often used to dispute the judge's decision or attempt to acquire a more favorable outcome for one party.

Commercial conflicts involving companies can quickly escalate. Before forming your plan of action, it is essential to comprehend the timetables, requirements, and expectations of the commercial litigation procedure.