While most business disputes resolve through negotiation or alternative dispute resolution, some matters require trial litigation. Understanding Florida's court system, trial procedures, and what to expect can help business owners make informed decisions about pursuing or defending litigation.
Florida's Court System for Business Disputes
State Courts
Florida state courts handle the majority of business litigation:
- Circuit Courts: Handle cases over $50,000 and complex business matters (Fla. Stat. 26.012)
- County Courts: Cases up to $50,000, excluding those within circuit court jurisdiction (Fla. Stat. 34.01)
- Small Claims Division: Informal proceedings for claims up to $8,000 within county courts
- Business Courts: Specialized divisions in some circuits for complex commercial cases
Note: These jurisdictional amounts were updated effective January 1, 2023, increasing the monetary thresholds for both circuit and county courts from the previous $30,000 limit to $50,000.
Federal Courts
Federal courts may have jurisdiction when disputes involve federal law, diversity of citizenship (parties from different states), or meet federal amount in controversy requirements ($75,000+).
Pre-Trial Phase
Pleading Stage
- Complaint filing and service of process
- Answer and potential counterclaims
- Motion to dismiss or other pre-answer motions
- Case management conference scheduling
Discovery Process
Discovery allows parties to gather evidence and information:
- Interrogatories: Written questions requiring sworn answers
- Document Requests: Demands for relevant business records and communications
- Depositions: Sworn testimony of witnesses and parties
- Expert Witness Disclosures: Identification and reports of expert witnesses
Motion Practice
Parties may file various motions to resolve issues or narrow the trial scope, including motions for summary judgment, motions to compel discovery, and motions in limine to exclude certain evidence.
Trial Preparation
Witness Preparation
Key business personnel and expert witnesses require thorough preparation for testimony, including understanding courtroom procedures, anticipating cross-examination, and reviewing relevant documents.
Evidence Organization
Business litigation often involves substantial documentary evidence requiring careful organization, authentication, and presentation planning for maximum impact at trial.
Trial Timeline
Business trials in Florida typically last 1-5 days for simpler matters, but complex commercial cases may extend weeks or months. Plan for business disruption and witness availability throughout the trial period.
Trial Proceedings
Jury Selection (if applicable)
In cases where jury trial is demanded and appropriate, voir dire allows attorneys to question potential jurors and select those who can fairly evaluate the business dispute.
Opening Statements
Attorneys present their case overview, helping the judge or jury understand the dispute, key issues, and the evidence they will present.
Presentation of Evidence
- Plaintiff presents their case-in-chief first
- Defendant presents their defense and any counterclaims
- Rebuttal evidence from plaintiff if necessary
- Witness testimony through direct and cross-examination
Closing Arguments
Final opportunity for attorneys to persuasively argue their interpretation of the evidence and why their client should prevail.
Post-Trial Considerations
Judgment and Collection
Winning at trial is only the beginning. Successful parties must often take additional steps to collect judgments, which may involve asset discovery, garnishment, or other enforcement mechanisms.
Appeals Process
Losing parties may appeal adverse verdicts to Florida's District Courts of Appeal. Appeals focus on legal errors rather than re-examining factual determinations.
Costs and Strategic Considerations
Litigation Costs
- Attorney fees (hourly rates or contingency arrangements)
- Expert witness fees and expenses
- Court filing fees and service costs
- Deposition and document production expenses
- Business disruption and opportunity costs
Risk Assessment
Before proceeding to trial, businesses should carefully evaluate the strength of their case, potential damages or liability, and the likelihood of collecting any judgment obtained.
Settlement Opportunities
Settlement discussions often continue throughout litigation. Many cases resolve on favorable terms even after trial preparation begins, saving time and costs for all parties.
Preparing Your Business for Trial
- Document preservation and organization from case onset
- Employee training on litigation hold procedures
- Budget planning for legal expenses and business disruption
- Communication strategy for customers, vendors, and stakeholders
- Insurance coverage review and notification requirements
Facing Business Litigation?
Whether pursuing or defending a business lawsuit, experienced trial counsel can help evaluate your case, explore settlement opportunities, and achieve the best possible outcome.