Under Michigan law, both you and your business have rights—rights you can seek to enforce through commercial litigation. The success of your case may hinge on the strength of the evidence available to you, and here are a half-dozen examples of what a Troy [business lawsuit attorney](/commercial-litigation/) might deploy on your behalf.
Contractual Documents and Written Agreements
Most commercial transactions or relationships have written agreements and associated documents. These records often serve as the basis of a robust legal case in commercial litigation, as the parties’ written agreements will determine their rights, responsibilities, and remedies. When you face commercial litigation, you should gather copies of signed contracts, executed amendments, scope-of-work statements, purchase orders, change orders, and other addenda. The importance of written agreements in a commercial litigation case may also depend on whether contracts contain disclaimers or integration clauses, which may exclude other relevant evidence, such as pre-contractual communications.
Communications: Emails, Internal Messages, Texts
Written communications can also provide critical evidence in commercial litigation by illustrating the parties’ intent, expectations, or knowledge of facts. Communications can take various forms, including written letters, emails, text messages, or internal chat messages. Communication records should also include attachments sent along with those communications, such as draft agreements. Furthermore, metadata from electronic communications can also help establish the timeline for the parties’ relationship.
Financial Records and Data
Financial documents also play a key role in commercial litigation, especially for establishing a claimant’s losses to determine a compensation award. Financial records can include invoices, ledgers, receipts, bank statements, profit/loss statements, and financial projections. Sometimes, forensic accountants may need to review financial records to help validate or challenge financial evidence in a commercial litigation case.
Operational and Technical Records
Depending on the nature of a claim in a commercial litigation case, the evidentiary record can also include operational and technical documents, such as:
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Product testing data
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Manufacturing records
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Supply chain documents
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Performance reports
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Compliance records
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Work logs
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Technical specifications
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Quality control reports
These records can help show whether a party complied with the contract’s required standards or with industry standards or regulatory requirements.
Expert Witness Testimony
Commercial litigation frequently involves testimony from expert witnesses, who can explain technical issues to a judge and jury or provide opinions on technical matters. Common examples of expert witnesses who may participate in a commercial litigation case include:
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Engineers
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Regulatory experts
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Financial or economic experts
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Valuation professionals or expert appraisers
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Damages experts
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Industry specialists
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Computer forensic analysts
Expert witnesses typically prepare written reports that document their findings and opinions regarding technical evidence in a case. Those witnesses may sit for depositions during discovery and may also testify at trial to explain their findings in terms that laypersons can better understand.
Lay Witness Testimony
Cases also involve testimony from lay witnesses, such as eyewitnesses or fact witnesses (witnesses who have personal or first-hand knowledge of relevant information). Lay witnesses in a commercial litigation case may include individuals who participated in negotiations over the parties’ agreements, company representatives in the parties’ relationship, or company employees or managers with first-hand knowledge of operations.
Contact Our Firm Today for Support in Commercial Litigation
If your Michigan business is in a legal dispute that’s escalated into litigation, having a complete evidentiary record can help you build a compelling case to give your company the best chance at winning. Contact August Law, PLLC today for a confidential consultation with an experienced commercial litigation attorney in Troy, and let’s discuss what it might take to win your case.