Litigation is a legal process that goes through the court system with a judge or jury. In business litigation, there are two parties – the plaintiff and the defendant. The plaintiff files the lawsuit and the defendant is the person whom the lawsuit is against. The first step in any business litigation case is for both sides to acquire an attorney.
Once the plaintiff files the complaint, a summons is issued. The summons informs the defendant of the filing and allows both parties time to gather any necessary materials, records, or evidence. Getting an actual court date set can take several months as information and motions are pursued.