In today's Freedom Friday blog and email newsletter, I want to answer a basic question that I am not frequently asked, but clients and prospective clients ask me about different aspects of the same question all the time --- “I'm thinking of filing a lawsuit, what should I expect?”  Or “My company has been sued, what should I expect?”  In today's Freedom Friday blog and email newsletter, I'm answering the question, “What are the stages of business litigation in 2025?”

Here are the five (5) stages of business litigation in Oklahoma:

1.  Pre-Litigation

The first stage of business litigation is the pre-litigation stage.  The purpose of this early stage is to assess the dispute and attempt to resolve the dispute before filing a lawsuit. Sometimes informal or formal negotiations can help resolve a dispute and avoid a lawsuit.  Some contracts require mediation or arbitration in order to resolve a dispute instead of, or before, filing a lawsuit.  During this stage, you and your attorney should review and contracts or agreements relevant to the dispute, assess the dispute and possible defenses, attempt to resolve the dispute with the other party if possible, and discuss the risks and costs of litigation if you decide to file a lawsuit.

2.    Filing the Lawsuit

The second stage of business litigation is filing the lawsuit.  In Oklahoma, the party that files a lawsuit is called a plaintiff, and the initial pleading filed with the court is called a petition (this is called a complaint in federal court and in other states).  The petition outlines the claims of the plaintiff, supporting facts, and the relief sought.  The opposing party, which is called the defendant, must be served with the petition and a summons, and then is given twenty (20) days to file a response which is called an answer.  The defendant can also file a motion to dismiss, as well.  During this stage, you and your attorney should be prepared for a possible motion to dismiss or counterclaim filed by the defendant, and also you and your attorney need to start gathering documents and evidence if you haven't already done so.

3.    Discovery

The third stage of business litigation is the discovery stage.  The purpose of the discovery stage is to allow all the parties in a case to gather evidence to support their claims and defenses.  This process usually starts with written discovery between the parties.  Written discovery includes requests for admissions, which are “yes/no” or “true/false” type statements which must be answered under oath; interrogatories, which are written questions which must be answered under oath; and requests for production of documents, which are requests for relevant documents, emails, financial records, and contracts, which may be relevant to the lawsuit.  Discovery also includes depositions, which are sworn testimonies taken from the parties and key witnesses in the case.

4.    Pre-Trial Motions and Settlement Negotiations

The fourth stage of business litigation is the pre-trial motions stage, which also includes pre-trial settlement negotiations.  During the earlier discovery stage, one party will ask the Court to enter a Scheduling Order, and that Order will set the case for Pre-Trial Conference.  The same Scheduling Order will also create deadlines to complete the discovery process, and provide a deadline for pre-trial, or “dispositive” motions, also known as motions for summary judgment.  A motion for summary judgment is a request for the court to rule in favor of one party without a trial if there is no genuine issue of material fact.  A party to the lawsuit might also file a motion to exclude evidence at trial, which is called a motion in limine.  The Court also usually orders the parties to mediation before the pre-trial conference, if mediation has not already been attempted.

5.    Trial

The fifth stage of business litigation is trial.  If settlement is not reached through mediation, or resolution is not reached through a motion for summary judgment (if granted, a motion for summary judgment can end the case), the lawsuit will proceed to trial.  The trial will either be a bench trial tried to the judge in the case, or a jury trial. In Oklahoma, a party requesting a jury trial is required to pay a jury trial fee of $349.00. During the trial, the parties will present their arguments, present their evidence to the court, and examine witnesses.  At the close of the trial, either the judge or jury will render a verdict that determines the outcome of the case.

Thinking about starting a small business?  Or maybe your small business is having issues with contracts, leases, business partners, collection issues, or experiencing other barriers to growth?  Please contact me at [email protected] to schedule a FREE strategy session.