If you are involved in a business dispute, litigation is often the only way to protect your interests and to help your business stay competitive. If your business is involved in a commercial dispute, do not delay in contacting an experienced commercial litigation attorney.
Denver, Colorado, Attorneys Focused on Commercial Litigation
At Gifford Stevens, LLC, accomplished lawyers and a dedicated, professional staff focus on the needs of businesses, insurers, and others involved in contract disputes, liability claims and other forms of commercial litigation. Led by founding partners Jennifer J. Gifford and John H. Stevens, the firm leverages decades of experience in employment law, construction law and other forms of civil litigation, keeping the focus on personal, responsive guidance and favorable, cost-effective solutions.
To request a free consultation on your immediate or ongoing business challenges, please contact a proven lawyer at our firm today.
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Conveniently located off I-25 in the Denver metro area, the mobile, responsive lawyers of Gifford Stevens, LLC, handle business disputes and provide legal counsel throughout Colorado, including metro Denver and the Front Range area, Boulder, Colorado Springs, Fort Collins, Breckenridge, Vail, Aspen and the Western Slope as well as Crested Butte and Telluride.
When considering litigation or defending your business, your best interests are the number-one priority for the lawyers of Gifford Stevens, LLC, in Denver. We emphasize honest, thorough case evaluation enabling sound decisions for business clients in insurance, trucking or other transportation, construction and various other industries. We welcome clients throughout the metro area or in the mountain regions, including Jefferson, Adams, Douglas, Arapahoe, Boulder, Pitkin, Eagle, Mesa, Gunnison and other counties throughout Colorado.
The Mechanics of Commercial Litigation
Litigation can be worrisome for businesspeople. The stakes may be high, and the future of your business may be uncertain. Much of the worry is caused by the unfamiliarity of the process. Most people have little or no knowledge of how litigation works, unless they have been through it. An experienced commercial litigation attorney at Gifford Stevens LLC in Denver can help you understand the process, and can help you and your business through what can be a difficult time.
How a Lawsuit Starts
The first legal documents in most lawsuits are the summons and complaint. The summons is a short document that informs a defendant that he or she is being sued, the court and how much time there is to reply (the time to reply is set by law). The summons also lets a defendant know who is bringing the suit.
The complaint should contain a short statement of the reason the court has jurisdiction over the case and the reasons for the claim showing that the plaintiff is entitled to relief. The complaint should also contain a demand for judgment for the relief the plaintiff is seeking. The plaintiff may seek alternative forms of relief, including monetary relief, injunctive relief or specific performance.
If the defendant does not reply to the complaint within the time allowed, judgment by default may be entered against him or her. A judgment by default is final, usually grants the plaintiff everything asked for and is entered without any testimony or argument from the defendant. If a defendant does reply, it is by serving an answer on the plaintiff's attorney. The answer should contain the defenses to each claim asserted by the plaintiff and the defendant should admit or deny the allegations upon which the plaintiff relies. If the defendant is without knowledge or information sufficient to form a belief as to the truth of a statement in the plaintiff's complaint, the defendant should state that, and such a statement will have the effect of a denial.
Instead of filing an answer, a defendant may file a motion in which it raises all its defenses, asking the court to dismiss the plaintiff's complaint. A motion to dismiss can raise the following defenses: lack of jurisdiction over the subject matter, lack of jurisdiction over the person, insufficiency of process, insufficiency of service of process, failure to state a claim upon which relief can be granted and failure to join a party.
If the defendant believes the plaintiff is liable to the defendant, he or she may serve what is known as a counterclaim on the defendant. A counterclaim is generally served along with the answer, and it sets forth the defendant's claims against the plaintiff.
Pre-Trial Procedures and Discovery
Most of the work in commercial litigation is done during the pre-trial stage. Discovery, in particular, can be a time-consuming, labor-intensive process. Discovery is the process of learning all possible information about the facts of the case and the opposing party. Each party to a lawsuit is required, upon a proper request, to respond to requests for information from any of the other parties in the lawsuit. Methods of discovery include:
- Interrogatories, or written questions
- Depositions, or live testimony, usually recorded by a court reporter
- Requests for admissions, which ask a party to admit the truth of certain statements
- Requests for production of documents
Disputes over discovery issues will often be brought into court, and decided by a judge. In addition, the court will hear many other procedural disputes before a trial is scheduled.
Trial and Judgment
Trials of commercial disputes are usually before a jury, unless the parties agree that a judge alone may hear the case. The jury or judge hears all of the evidence presented in the case, and decides all of the factual questions involved. The jury also decides how much money, if any, the parties owe one another.
The judgment entered is the legal statement of what is owed, and to whom. A properly entered judgment will give a party the right to pursue remedies such as garnishment, execution or attachment of bank accounts.
Conclusion
While lawsuits vary in complexity and the exact procedures followed, the description above sets out the basic framework of a typical commercial lawsuit. Even a simple litigation matter is made up of intricate procedures that call for a high level of knowledge and skill. A commercial litigation attorney at Gifford Stevens LLC in Denver has the knowledge and experience needed to protect your interests.
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