What to Expect During a Commercial Litigation Trial?

A commercial litigation trial happens when businesses or individuals have a legal disagreement that they can’t settle outside of court. This could involve things like a broken contract, problems with a business partnership, or other disputes. If you find yourself facing a commercial litigation case, it may seem a little overwhelming. But, don’t worry! Knowing what to expect can help you feel more in control and confident. In this simple guide, we’ll walk you through what happens in a commercial litigation trial, step by step.

1. Pre-Trial Preparations: Laying the Groundwork

Before the actual trial starts, there’s a lot that happens behind the scenes. The attorneys on both sides will prepare by gathering information and getting everything ready.

Discovery

The first part of preparation is called discovery. This is when both sides exchange information about the case. This could be:

• Documents like contracts, emails, and letters.
• Witness statements or depositions.
• Other evidence that might support their claims or defenses.

This helps both sides understand each other’s arguments and prepares them for trial.

Motions

Next, the lawyers might file motions. These are requests to the judge asking for a ruling on specific issues before the trial begins. For example, one side might ask the judge to throw out certain evidence, or to decide if a particular law applies to the case.

Settlements

In many cases, the businesses or individuals involved try to settle the case before it even goes to trial. This means they reach an agreement outside of court without having to go through a full trial. If both sides agree on a settlement, the trial is avoided. But if they can’t settle, the trial goes forward.

2. Opening Statements: Setting the Stage

Once the trial officially begins, both sides get a chance to introduce their case to the judge.

Plaintiff’s Opening Statement

The plaintiff is the person or business that is suing. They will start by explaining their side of the story and why they think they should win the case. They’ll briefly tell the judge about the facts, the law they believe applies, and what they hope to achieve — usually financial compensation.

Defendant’s Opening Statement

After the plaintiff’s opening statement, the defendant (the person or business being sued) will present their opening statement. The defendant’s attorney will explain why they believe the plaintiff is wrong and why they should win. They might argue that the plaintiff’s case doesn’t hold up or that the defendant is not responsible for the issues at hand.

3. Presenting Evidence and Witnesses: The Heart of the Case

Now, both sides start proving their case to the judge with evidence and witnesses. This is when each side shows the judge why they think they should win.

Witness Testimony

Each side will call witnesses to testify about what they saw, heard, or know regarding the case. For example:

• A witness might describe a conversation where a business deal was made.
• An expert might explain why certain business practices were wrong or harmful.

The attorney who calls the witness will ask questions to get the witness’s testimony on record. This is known as direct examination.

Cross-Examination

After the plaintiff’s witness is done, the defendant’s attorney gets the chance to ask that witness questions. This is called cross-examination. The goal of cross-examination is to challenge the witness’s story and point out weaknesses in their testimony.

Documents and Evidence

During the trial, both sides will try to introduce important documents as evidence. This could include contracts, emails, bank statements, or even photos. Both parties will argue over which documents should be allowed in the case. If the judge accepts these documents, they become part of the trial record.

4. Can Parties Agree in Advance on What Documents Will Be Used?

Yes, it’s possible. Before the trial begins, both sides may agree on which documents they will use in court. This helps keep things moving smoothly, as it avoids arguments during the trial about whether a document is relevant or not. If there’s any disagreement, the judge will make the final decision on what documents can be used.

5. Closing Statements: Wrapping Things Up

Once all the evidence has been presented and all the witnesses have testified, both sides get one last chance to make their case.

Closing Statements

• The plaintiff’s attorney will summarize everything that happened, explain why the evidence supports their case, and ask the judge to rule in their favor.
• The defendant’s attorney will do the same, but they’ll focus on explaining why the plaintiff didn’t prove their case or why the defendant is not responsible.

Closing statements are important because they’re the final opportunity for each side to convince the judge before the decision is made.

6. The Judge’s Decision: What Happens After the Trial?

After the closing statements, the judge will take some time to think about everything that was said and the evidence that was presented. In some cases, the judge might give their verdict right away. But most of the time, the judge will take some time to review everything carefully before making a final decision.

If the judge rules in favor of the plaintiff, they’ll usually order the defendant to pay compensation or damages to the plaintiff. If the judge rules in favor of the defendant, the case is over, and the plaintiff won’t receive any compensation.

7. Post-Trial Motions and Appeals: What Happens If You’re Unhappy with the Decision?

Even after the judge has made their decision, there are still a couple of options for both sides to challenge the outcome.

Post-Trial Motions

The losing party may file post-trial motions, which are requests for the judge to reconsider or change the decision. They might argue that something went wrong during the trial that affected the outcome.

Appeals

If the losing party isn’t satisfied with the judge’s decision, they can appeal to a higher court. An appeal means asking a higher court to review the case and possibly change the decision. However, not all cases can be appealed, and it often takes time.

Why Hire a Commercial Litigation Attorney in Brooklyn?

Dealing with a commercial litigation case can be complex, which is why having an experienced commercial litigation attorney Brooklyn by your side is crucial. An attorney will help you understand the legal process, guide you through each step of the trial, and make sure your rights and interests are protected.

Conclusion: Know What to Expect, and Stay Prepared

A commercial litigation trial can seem intimidating at first, but knowing what to expect at each stage will help you stay calm and confident. From opening statements to the final verdict, the process involves careful preparation, presentation of evidence, and a final decision from the judge. Whether you’re the plaintiff or defendant, having the right lawyer by your side is essential to ensure the best possible outcome.

If you’re facing a commercial litigation case, reach out to a skilled attorney who can help guide you through the process and protect your interests.

Author Bio:

I’m Reza Yassi, the founding attorney at Yassi Law P.C. I take pride in helping clients with personal injury and commercial litigation cases across Brooklyn and Manhattan, and I specialize in writing simple, informative legal content to guide and support those seeking justice.