Steps in a commercial litigation process are first drafting a summons and complaint, and in the context of a complaint, a complaint that will withstand a motion to dismiss. After that, it is served on the defendant. The defendant then has the responsibility to answer it or to make a motion to dismiss it. If the defendant makes a motion, that is submitted to the court and can take a period of time to be decided. After it is decided, the parties will then engage in discovery, where they will have to produce documents to each other, and to have depositions taken, and to gather the proof for their eventual trial in the case.