Facing a lawsuit can feel overwhelming, especially when unfamiliar legal terms start appearing in court documents and communications. You do not need to become an expert in civil procedure, but understanding common terms can help you follow what happens in your case and know what your attorney is discussing with you.
Here are five terms you may encounter when your business becomes involved in a lawsuit.
The subpoena
A subpoena can require a person or business to provide information, produce records or testify in connection with a lawsuit. You could receive one even if you are not a party to the case. For example, another business involved in the dispute might seek your company’s records because they contain information relevant to the claims.
The deposition
A deposition gives the opposing side an opportunity to question you or another witness under oath before trial. You may need to answer questions about the events, records or business practices connected to the dispute. Your attorney can help you prepare so you understand the process and the subjects the other side may raise.
The request for production
A request for production asks a party involved in the lawsuit to provide specific records or other materials relevant to the dispute. You might receive requests for contracts, emails, invoices or other business records that relate to the claims. Unlike a subpoena directed at a nonparty, this type of request typically forms part of the discovery process between the parties themselves.
The counterclaim
A counterclaim allows you to bring your own claim against the party that sued you when the circumstances support one. For example, if another business sues you for allegedly breaching a contract, you might have a counterclaim if that business also failed to meet its contractual obligations. This gives you a way to raise your own legal claims within the same lawsuit.
Summary judgment
A summary judgment request asks the court to resolve a claim without a trial when the relevant facts and law allow the court to decide the issue as a matter of law. Either side may seek this type of ruling when it believes the evidence does not require a trial to resolve the claim.
Know the terms before responding
Understanding these terms can make unfamiliar litigation documents and conversations easier to follow. If your business becomes involved in a lawsuit, reviewing the documents with an attorney can help you understand what each request means, what information you need to provide and which legal options may apply to your situation.