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The litigation process

On Behalf of | May 5, 2023 | Business Litigation

Business disputes in Texas often end up in court. If you are considering suing someone, you may wonder what events must occur. There are several steps that most business litigation disputes will go through unless they are settled along the way.

Case filing

The first step is determining which court you must file the business litigation in. You will file a special petition form with the Clerk of Court.

Give legal notice

In most commercial litigation cases, the Clerk of Court will prepare a citation. Then, you need to give the citation to the person you are suing. You may use a process server, send it certified mail or use another method the court allows.


During the discovery process, you can ask to look at specific documents, ask the other party to answer written questions, submit to a physical or mental examination or answer questions under oath.

Motions and requests

Depending on many circumstances, you may be asked for the trial to be moved, for more time, to change your original complaint or a jury trial.


Finally, it is time for evidence to be presented in court. After which, the judge or jury will announce their decision.


The loser often asks a higher court to hear the case after the first decision. The loser may also ask the judge to set aside the first decision, and a new trial occurs.

After a decision is reached, then it must be enforced. In some cases, liens must be filed against the loser’s assets. These assets must sometimes be sold before the claim can be settled.