Business Litigation

What is Litigation?

Litigation refers to the legal process of taking a case to court. While litigation is commonly associated with civil lawsuits where one party sues another, it also applies to criminal law, especially when laws have been violated. Whether personal or business-related, litigation can arise from a wide range of legal disputes, and understanding this process is important for both individuals and business owners in Indiana.

Hiring an Attorney for Litigation

When it comes to personal or business litigation, both the defendant and the plaintiff typically hire attorneys to represent their interests. A skilled business lawyer in Indiana, also known as a “trial lawyer,” is specialized in business law and can provide strong legal representation in court. While some individuals may choose to represent themselves, it’s important to proceed with caution. Under Indiana law, small businesses are required to have an attorney represent them in court.

How Does the Litigation Process Work?

Litigation involves several steps, which are crucial to resolving disputes effectively. The plaintiff first files a complaint, initiating the lawsuit and outlining the basis for their case. Afterward, the defendant is served with a summons, which notifies them of the legal action and sets a response deadline.

The discovery phase is one of the initial steps in litigation. During this phase, both parties gather records, documents, and any other pertinent information. The court may set a trial date once discovery is complete. Additionally, both parties may file motions with the court. Some motions are procedural, requesting specific actions or information from the court, while others are substantive, addressing specific facts or laws related to the case.

At trial, a judge or jury hears the arguments and makes a decision. If one party disagrees with the decision, they can appeal the case to a higher court.

Alternatives to Litigation

While litigation can be a lengthy and public process, some parties may prefer to settle disputes outside of court. One alternative is arbitration. In arbitration, an arbitrator listens to both sides of the dispute and makes a decision. This private process does not involve the courts, and the arbitrator’s decision is usually final and cannot be appealed.

Why You Need Legal Help

Whether you are the plaintiff or the defendant in a lawsuit, the expertise of a business lawyer in Indiana can guide you through the complexities of the litigation process. Whether it’s personal matters, business disputes, or probate cases, legal counsel from an experienced attorney ensures that your interests are represented effectively. At Webster & Garino, we offer extensive legal experience in both personal and business litigation matters.

Contact Webster & Garino for Legal Guidance

If you’re facing a litigation issue in Indiana, whether related to business, personal matters, or criminal defenses, contact Webster & Garino. Our experienced attorneys specialize in a variety of legal practices, including family law, estate planning, real estate law, divorce mediation, and more. Our team is dedicated to helping you navigate the litigation process with expertise and care.

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