The moment a demand letter reaches your desk or you identify a business tort or a material contract breach, everything stops. Your stomach drops. Your mind jumps through worst-case scenarios. You picture company records being pulled apart and wonder how fast this can spiral out of control.
Florida’s court system sees a constant stream of business disagreements, and some counties have reported year-over-year increases in commercial filings. As judges balance heavier dockets, the state has introduced procedural updates that change how these disputes move forward.
For companies, these shifts matter because they influence the choices you make well before a claim lands in front of a judge. Early planning now has a direct impact on how strong your position will be if the conflict escalates.
At Chemere Ellis, PLLC, we help Florida businesses move through this moment with clarity and early strategy. The goal is simple: steady the situation, protect what you’ve built, and restore a sense of direction when everything feels uncertain.
This checklist guides you through each phase in a simple, structured way. By the end, you’ll know exactly what to do to prepare for commercial litigation from the first 72 hours through early discovery.
Checklist Item 1: Protect Your Evidence in the First 72 Hours
Your first actions set the tone for the entire dispute. If you prepare for commercial litigation early, you reduce risk, lower future costs, and protect your position when settlement or trial discussions begin. The next three days are about protecting what you already have before the other side requests anything.
Action Step: Issue a Legal Hold for All Digital Records
Start by freezing every piece of digital information tied to the dispute. Florida courts expect businesses to preserve relevant records when a dispute is reasonably foreseeable. This duty includes emails, text messages, cloud files, accounting systems, and anything else tied to the claims.
A legal hold is a written notice that tells employees to stop deleting or altering information. It also directs IT teams to suspend any auto-delete settings across company platforms.
Electronic data is the center of most commercial cases today. ESI preservation is part of this duty, and it connects directly to the discovery scope under Florida Rule of Civil Procedure 1.280. Courts can issue serious penalties when files disappear, even accidentally, so the hold has to be clear and immediate.
If you’ve never issued one, start by listing every system your team uses. Then identify who controls that data. Everyone who touches those records needs the notice right away. This is the step that protects your company from claims involving lost or destroyed evidence.
Action Step: Identify and Secure Key Witnesses Early
Reach out to the people who hold important information before they move on. Employees change jobs, contractors leave, and memories fade. The first 72 hours are the right time to confirm who knows what.
Make a short list of anyone involved in the events surrounding the dispute. Speak with them directly so you understand what they saw, what documents they handled, and how they can help clarify the facts.
You are not collecting statements or acting as an investigator. You are simply making sure that no key voice disappears before you know what they might contribute later. This early awareness helps your legal team review evidence faster and build a coherent timeline from day one.
Checklist Item 2: Follow Florida’s Mandatory Pre-Suit Requirements
Your next task is complying with Florida pre-suit requirements, which influence the strength of your position long before a complaint is filed. Florida law expects business owners to take specific steps that shape how courts view pre-suit conduct, negotiation attempts, and the overall credibility of each side.
Action Step: Draft a Demand Letter That Shows Good Faith
Begin with a clear, factual, and calm demand letter. Florida courts review pre-suit communication closely, and judges want to see that both parties attempted to resolve the matter in good faith. Your first letter should outline the issue, describe what you need resolved, and show that your business attempted a reasonable solution before litigation began.
This letter shapes the tone of the case. It is usually the first document the other side shares with their lawyer. If it reflects patience and clear reasoning, it supports your position later when the court evaluates your conduct.
Action Step: Evaluate Sanction Risks Under Florida Statute § 57.105
Review your claims and defenses carefully before taking the next step. Florida Statute 57.105 allows courts to award fees against a party who files or maintains a claim without a reasonable basis.
This rule has sharp consequences in real life. If you move forward with weak claims or ignore evidence that contradicts your position, you could be ordered to pay the other side’s fees.
This is why the early evaluation phase is so important. You need to know whether your case has support before sending the first letter or responding to one. Understanding this statute keeps you from turning a business dispute into a financial setback that could have been avoided.
Checklist Item 3: Adjust Your Strategy Based on Florida’s Recent Law Changes
As you prepare, make sure your steps reflect Florida’s most current rules in commercial litigation. When you prepare for commercial litigation, your approach has to align with the latest reforms so you do not rely on outdated assumptions.
Action Step: Apply the 2023 Tort Reform Act (HB 837) to Your Case Timeline
Florida’s 2023 tort reform law, HB 837 (Chapter 2023-15), did not rewrite contract law. It did, however, amend several Florida statutes that can affect business disputes when a case involves negligence claims, premises issues, or insurance bad-faith concerns.
Key statutes amended or created by HB 837 include:
- § 95.11 – Statute of Limitations Shortens the timeframe for bringing negligence claims, making early case evaluation more critical.
- § 768.81 – Comparative Fault Changes how fault is allocated when multiple parties are involved in negligence-based disputes.
- § 624.155 – Civil Remedy for Insurer Bad Faith Adjusts standards governing bad-faith claims tied to insurance coverage disputes.
- § 624.1552 – Civil Remedies in Insurance Contract Actions Establishes timing and procedural requirements that affect insurance-related litigation strategy.
- § 768.0701 – Premises Liability for Criminal Acts Addresses when business owners may be held responsible for criminal acts occurring on their property.
- § 768.0706 – Negligent Security Defines liability standards tied to security measures at commercial properties.
If any of these areas touch your case, timing becomes a strategic consideration rather than an afterthought. Early record review, early preservation, and early legal analysis help prevent avoidable pressure once discovery and motion deadlines begin.
Action Step: Prepare Early for Florida’s Mandatory Mediation Phase
Plan for mediation from the start, even though it happens later. Florida expects most civil cases to go through mediation, and courts want to see that both sides approach it with preparation and good faith. This includes pulling records early, setting realistic goals, and creating a roadmap for settlement discussions.
Many business owners assume mediation happens late, but your early efforts shape the strength of your negotiation position. This includes following Florida pre-suit requirements and documenting every reasonable attempt to resolve the matter before filing.
Checklist Item 4: Understand What to Expect During the Discovery Phase
When you prepare for commercial litigation, discovery becomes the stage where your earlier efforts begin to pay off. This phase involves exchanging information, answering written questions, and reviewing digital records. Companies that prepare early protect themselves from delays, sanctions, and inflated costs.
Action Step: Prepare Accurate Responses to Interrogatories and Production Requests
Approach written discovery with focus. Interrogatories ask for answers under oath, while production requests ask for documents, emails, messages, and other records. Review each request with care. Never guess. Never skip details. Every answer should reflect verified information.
The discovery phase rewards organization. If your hold was clear and your records were preserved, responses move quickly. If things were missed, the process becomes expensive and disruptive. Clarity and preparation reduce both risks.
Action Step: Know the Difference Between State and Federal Discovery Rules
Identify which court system applies to your case as soon as possible. Commercial disputes can move through Florida’s state courts, the federal system, or binding arbitration. Discovery works differently in each. Federal cases tend to follow stricter timelines and structured conferences. State cases may involve broader requests and longer deadlines.
Knowing which system applies helps you anticipate schedules, the scope of production, and the level of detail required. This distinction is one of the clearest signs that your legal team manages complex Florida disputes with accuracy and experience.
Checklist Item 5: Speak With Chemere Ellis, PLLC Before the Dispute Escalates
Even with careful preparation, commercial cases move fast. Deadlines tighten, records pile up, and decisions have real financial impact. When you prepare for commercial litigation early, you stay ahead of these pressure points instead of reacting to them. A steady plan protects your company, your evidence, and your position long before the first hearing.
Chemere Ellis, PLLC works with Florida business owners in times of confusion to provide steady, clear direction. Our Tampa based team reviews your documents, evaluates risk, and helps you shape a strategy that matches the facts of your case. You gain a practical plan you can follow from service or receipt of the demand letter through to discovery, mediation, arbitration, and trial.
If you have received a demand letter or believe a commercial dispute is building, schedule a consultation with Chemere Ellis, PLLC. We will review your dispute and build a step-by-step approach that protects your business and moves you forward with confidence.
