Generally, in commercial litigation, the first stage is the pleading stage where the parties set forth the complaint and there’s answers. Sometimes there’s motion such as in the form of a motion to dismiss for failure to state a claim. Then there’s the discovery phase where the parties ask either written questions or demand for documents and request for admissions and take depositions. And that’s where people sit in front of a court reporter and their testimony is taken down for later use at trial.
And then there’s the motion practice. Usually, some re-judgment stage where one side or the other will move for some re-judgment asking the court that based on the evidence that’s in the documents so far, that either the complaint should be dismissed or judgment should be granted in favor of the plaintiff. And then finally there’s the trial stage. And that’s, of course, where witnesses are called to testify in each side, puts on their evidence, and the case is decided by the fact finder, either a judge or a jury.
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