If you are a business owner in New Jersey, you may need to go to court at some point. The business litigation process can be complex and confusing, especially if you have never been through it before. Here’s a quick overview of how the process works and what to expect if your business is involved in a lawsuit.
The type of lawsuit you could face
The litigation process you will go through will depend on the type of lawsuit you are facing. Generally, there are two types of suits: civil and criminal. Civil lawsuits involve two or more parties in dispute over a legal issue, like violating a copyright or company trademark. On the other hand, criminal business lawsuits involve allegations of illegal activity, such as if your company fails to follow New Jersey’s regulatory requirements for hazardous waste storage or disposal.
The process of business litigation
The process of small business litigation begins with filing a complaint with the court. This document lays out the facts of the case and asks the court to take action. The defendant will then have an opportunity to respond to the complaint, usually by filing an answer within 35 days.
The court will then begin to rule on the various motions filed. These motions can include requests for discovery, which is a process where both sides can request information from each other in order to build their case. The court may also schedule a hearing to take testimony from witnesses or to consider the evidence.
In the hearing, the jury will listen to the plaintiff’s and defendant’s arguments and then decide. If the final verdict finds you guilty, the court will ask you to make the necessary adjustments for the other party, and you could also face significant financial damages. If you’re ruled innocent, you may be able to counter sue for malicious prosecution or abuse of process.
Business litigation can be costly and time-consuming, but these matters are essential in ensuring justice. You can also consider alternative dispute resolution methods if the issue is rather small.
