Litigation in Florida

Litigation refers to the process of resolving legal disputes through the judicial system. It involves the filing of a lawsuit, the discovery process, and ultimately a trial or settlement. In Florida, as in other states, litigation is a complex and time-consuming process that requires the assistance of an experienced attorney.  Because of litigation’s high cost in terms of money and time, many individuals and businesses have to consider when it is appropriate to solve disputes using litigation, and whether other methods of resolution are possible as an alternative.

There are several different types of litigation that can take place in Florida, including civil litigation and administrative litigation. Civil litigation involves disputes between two or more parties, such as a contract dispute or a personal injury claim. Administrative litigation involves disputes between individuals and government agencies.

The litigation process in Florida begins with the filing of a lawsuit in a court of competent jurisdiction. 

Court of Competent Jurisdiction

A court of competent jurisdiction is a court that has the authority to hear and decide a particular case. In order for a court to have jurisdiction over a case, it must have the power to rule on the specific type of legal issue at hand and the authority to enforce its ruling.

There are several types of jurisdiction that a court may have, including personal jurisdiction, subject matter jurisdiction, and territorial jurisdiction. Personal jurisdiction refers to the court’s authority over the parties involved in the case. Subject matter jurisdiction refers to the court’s authority to rule on the specific type of legal issue at hand. Territorial jurisdiction refers to the court’s authority to hear cases within a specific geographic area.

It is important to ensure that a case is filed in a court of competent jurisdiction, as a court that lacks jurisdiction will not have the authority to rule on the case and any ruling it makes will not be enforceable. If a case is filed in the wrong court, it may be dismissed and the parties may be required to refile in a court with proper jurisdiction.

In order to determine the court of competent jurisdiction for a particular case, it is important to consider the nature of the legal issue, the parties involved, and the location of the events or circumstances giving rise to the legal dispute. An experienced attorney can help to determine the appropriate court for a particular case and ensure that it is filed in the proper jurisdiction.

“… litigation is a complex and time-consuming process that requires the assistance of an experienced attorney.” 

The Process

The plaintiff, or the party initiating the lawsuit, must file a complaint outlining the legal claims and the relief sought. The defendant, or the party being sued, must then file a response to the complaint.

Once the complaint and response have been filed, the parties enter into the discovery process, during which they exchange information and documents related to the case. This may include depositions, requests for production of documents, and interrogatories.

If the parties are unable to reach a settlement during the discovery process, the case will proceed to trial. 

Types of Trails

In Florida, as in other states, there are two types of trials: bench trials and jury trials. The main difference between the two is the type of decision-maker responsible for determining the outcome of the case.

A bench trial, also known as a non-jury trial, is a trial in which the judge acts as both the judge and the jury. The judge hears the evidence presented by the parties, applies the law to the facts of the case, and renders a decision. Bench trials are typically used in cases involving relatively minor legal issues or cases where the parties have agreed to waive their right to a jury trial.

A jury trial, on the other hand, is a trial in which a panel of jurors is responsible for determining the outcome of the case. The jurors hear the evidence presented by the parties and apply the law to the facts of the case to reach a verdict. In a jury trial, the judge acts as the legal authority and presides over the proceedings, but the final decision is made by the jurors. Jury trials are typically used in cases involving more significant legal issues or disputes.

Both bench trials and jury trials have their own advantages and disadvantages. Bench trials can be faster and less costly than jury trials, as they do not require the selection and empanelment of a jury. However, the decision-making process in a bench trial is more limited, as the judge is the sole decision-maker and may not have the same level of diversity of experience and perspective as a jury. Jury trials, on the other hand, can be more time-consuming and expensive, but they allow for a more diverse decision-making process and can be more impartial.

The choice between a bench trial and a jury trial is typically made by the parties involved in the case. In some cases, the parties may agree to waive their right to a jury trial in favor of a bench trial. In other cases, the parties may request a jury trial, which the judge may grant if the case meets certain criteria. An experienced attorney can help to advise on the best course of action and ensure that the parties’ rights are protected.

The Outcome

The outcome of a trial can have significant consequences for the parties involved. If the plaintiff prevails, the court may award damages, such as monetary compensation or an injunction ordering the defendant to take a specific action. If the defendant prevails, the case may be dismissed and the plaintiff may be required to pay the defendant’s legal fees.

It is important to note that litigation in Florida can be a complex and expensive process. It is advisable to seek the guidance of an experienced attorney to ensure that your legal rights are protected.

South Florida Law

Commercial litigation can be a costly and time-consuming process, and it’s important to have an experienced legal partner on your side if you’re facing a lawsuit. At South Florida Law, we have years of experience handling complex litigation and dispute resolution, and we have the resources to help you navigate the legal system and achieve the results you need.

We counsel on all commercial dispute resolution mechanisms including mediation and arbitration.

We also understand that staying within our client’s financial budget is important and work closely with our clients to keep our legal services cost-effective with a view to achieving outstanding results. Contact us today to get started by reaching out to us on our contact form or by calling (954) 900-8885.