Commercial Litigation Fairfax, VA

Commercial litigation Fairfax, VA can be difficult to navigate, especially if you are unfamiliar with how the process works. Fortunately, there are steps you can take to ensure that your claim or defense runs as smoothly as possible. For example, you can hire an experienced commercial litigation attorney in Fairfax, VA to assist you throughout the process, ensuring that your voice and interests are heard by the judge and jury alike. This way, even if your case goes to trial and you aren’t confident in presenting your own case on your own, you still won’t have to worry about whether your interests will be well-represented or not. Contact an attorney today at Mahdavi, Bacon, Halfhill & Young, PLLC for help with your case.

Pleadings

First in the process for commercial litigation in Fairfax, Virginia is the filing of pleadings by the plaintiff. These pleadings will set out the facts of the case and the relief that the plaintiff is seeking. The defendant will then have an opportunity to file their own pleadings. Once all of the pleadings have been filed, discovery will begin.

Discovery

The next step in any commercial litigation case is the discovery process. This is when both sides exchange information and documents that are relevant to the case. The discovery process can be very lengthy, so it’s important to have a good attorney who can help you navigate it. Some of the things that may come up during discovery include:

Which law applies to your case?

What laws apply if the lawsuit goes international?

What types of evidence will be needed for trial?

What facts are not disputed by either side?

Motions

In Fairfax, commercial litigation generally starts with the filing of a complaint. Once the complaint is filed, the defendant will have 21 days to file a response. If the defendant does not respond, the court may enter a default judgment against them. After the response is filed, both sides will engage in discovery. This is where each side gathers information from the other side and from third parties. Once discovery is complete, each side will file motions. These could be motions to dismiss or motions for summary judgment. If the case goes to trial, each side will present their evidence and argue their case before a judge or jury.

Settlement Negotiations

Most commercial litigation cases settle before going to trial. The first step in the settlement process is usually mediation, where both sides meet with a neutral third party to try and reach an agreement. If mediation is unsuccessful, the next step is usually arbitration, where an arbitrator hears both sides of the case and makes a binding decision. The final step is trial, where a judge or jury hears both sides of the case and makes a decision.

Trial

If your case goes to trial, both sides will present their evidence and arguments to a judge or jury. This is where having a good lawyer can really make a difference. After hearing both sides, the judge or jury will make a decision. If you win, the other side has to obey the court’s decision. If you lose, you might have to pay damages or do what the court says.

If you are going through the process of Fairfax commercial litigation, contact an attorney today at Mahdavi, Bacon, Halfhill & Young, PLLC for help with your case.