If you are an owner of a business, then there are high chances that you will end up landing up in civil court at least once. You may be compelled to file a business lawsuit against a client who declines to pay an invoice or against another corporation that is using your company’s product name or logo deprived of consent. Daniel DeKoter, the renowned litigator says that a business lawsuit must abide by particular procedures to have your side of the case heard in court of law. Most of the business owners hire lawyers to help safeguard their interests and navigate the legitimate procedure.
Steps To Follow to File Business Lawsuit By Daniel DeKoter
- You can file the business lawsuit in either federal or state civil court. Finding out which court can hear the case includes the regulations that apply and where the parties reside and do business. Usually, if the case includes state law, then the lawyer will file it in state civil court. Desecrations of federal law should be filed in federal civil court where the parties reside or the happenings have taken place.
- For administering litigations each court system follows a specific set of rules. The specific procedure of the court can include anything from the number of copies that must be provided to the court when filing documents to the total of days you have to reply to a notice from the court. It is important that you choose a lawyer who knows the procedures required to file your lawsuit successfully in the chosen court.
- The complaint that you file must state your version of the facts surrounding the argument and list the laws that relate to the case. In addition to this, you can ask for reliefs, such as financial damages or an order from the court asking the other party to stop certain behavior. Your complaint must also detect the appropriate responsible party. In case you are prosecuting another business, it may be imaginable to charge the business as well as the owners individually, depending on the type of business structure included.
- The lawyer that you have hired should send a duplicate of the complaint to the party you are prosecuting, along with an order to appear in court. The defending party should submit a written reply to the complaint, replying the statements made in the complaint and declaring any defenses.
As the law for filing a business court case is a bit complicated and also the facts of each case are unique; it is always better to take help of a professional so that you do not make any mistake. Daniel DeKoter is associated with DeKoter, Thole & Dawson, P.L.C. firm as a partner. Apart from specializing in business law, he has vast experience in insurance defense, personal injury, and employment law, business disputes, and administration and estate planning. So, contact Mr. DeKoter in case you are looking for a professional help.
