There are multiple stages to a Florida business lawsuit. First, a party files suit and has documents served on the other party. Next, the defendant will have time to file their answer and any other applicable responsive pleadings. Before the case gets underway, the court may schedule a preliminary hearing. So, what happens at a Florida pre-trial hearing?
The Florida Lawsuit Process
When a party has a dispute with another party, the complaining party or plaintiff can file a lawsuit in a Florida civil court seeking relief. To initiate the case, the plaintiff’s attorney will file a Complaint and Summons with the court and have the other party or defendant served. Once the defendant is served, they will have a specific number of days to file an Answer to the court. The defendant may also file counterclaims against the complainant.
Once the parties have filed and answered, each is entitled to conduct discovery. The purpose of discovery is to allow the parties to narrow the issues and gather information to support their claims and defenses. During this phase of the case, parties can request documents, ask for admissions, documents, and written responses, and schedule depositions.
The parties will also have the opportunity to file pre-trial motions. If the case cannot be resolved, the parties can proceed with negotiations and settlement or go to trial.
What Happens at a Pre-Trial Hearing?
A pre-trial hearing can involve various issues. Parties may attend pre-trial hearings wherein they decide on trial and other important dates. A plaintiff and defendant may also have hearings on dispositive motions during the pre-trial phase. These motions may be those such as a motion to dismiss or strike a pleading or evidence. Pre-trial hearings usually involve the parties’ lawyers making arguments on their behalf before a judge. These may be in-person or conducted remotely through an online platform. The judge may or may not grant a party’s pre-trial dispositive motion from the bench.
Florida business lawsuits are complex, and there are numerous ways that a case can go off track. Without adequate representation, a plaintiff or defendant can be placed at risk of omitting important claims and defenses. They are also vulnerable to having their case harmed during discovery and the pre-trial phases.
Pre-trial hearings can be an important part of your case, and you want to be certain that you are working with an experienced Florida business attorney. Your business lawyer can help you identify important issues and help ensure that your interests are protected throughout the trial and pre-trial stages of your Florida business lawsuit.
Contact an Experienced Florida Business Lawyer
Attorney Richard Sierra at the Florida Small Business Legal Center assists clients like you with commercial leasing, 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.