Trials in the Commercial Parts: The Judges Speak Out

Source: Nassau Lawyer

Commercial litigation is complex and expensive -- which clients know only too well. Most cases are settled prior to trial, but usually not until after extensive and costly discovery or, if everything falls into place, a decision on a motion for summary judgment motion that may end the carnage. But sometimes, and not as often as with other areas of practice, commercial matters go to trial to be resolved at a bench trial or with the help of a jury.

Every litigator approaches a case with the understanding that, short of a settlement or summary dismissal, only a verdict will settle the parties' differences. Hopefully counsel for each of the parties has planted that seed in their client's minds long before they must be the bearer of bad news that they must begin preparation for trial and the client must cancel that vacation to Portugal. But what of trying in a commercial part? What actions decided on by counsel or taken by the court will streamline the proceedings?

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