In tennis, unforced errors happen when you make a mistake that is not caused by your opponent. Losing your match because of your own actions can be frustrating and discouraging. However, in some situations, self-induced blunders can be costly. For example, you want to avoid any errors in litigation. We will look at some ways to avoid doing something that damages your case, whether you are the plaintiff or the defendant.
Missing Deadlines
The first deadline you cannot miss is the statute of limitations. Under state and federal law, you have to file lawsuits within a specific time after a triggering event. For example, you only have five years to sue someone over most contract disputes, but a complaint based on wrongful death must be filed within two years after the death. In most cases, missing the statute of limitations means your case will be dismissed.
Other deadlines will arise during your litigation. In the discovery phase, you generally have to file answers to discovery documents within 30 days. Some motions must be filed far enough before trial to give the other parties time to respond and to give the judge time to consider your requests.
Withholding Important Information from Your Attorney
Other unforced errors in litigation involve your relationship with your legal counsel. Open communication is crucial to the success of your case. Your attorney will have trouble fully representing you unless you provide all the facts and information you possess.
Failing to provide your attorney with the information they are required to send to the other parties is even worse. You and your attorney could be hit with sanctions and other penalties. It certainly does not look good to the judge when a party tries to hide potential evidence.
Failing to Prepare
Business litigation is sometimes a marathon, not a sprint. You need to be prepared every step of the way.
For instance, you might have to attend a deposition, where the other party’s attorney will ask you questions. The answers you provide under oath must be true and accurate. But you must do your homework beforehand. Failing to prepare before your deposition falls into the category of unforced errors. You have the choice of whether to prepare or not. Your opponent is not forcing you to be unprepared.
An Experienced Attorney Can Help Avoid Unforced Errors in Litigation
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.