What is the process for filing a lawsuit against a company or individual in Ohio for breach of contract?

The process for filing a lawsuit against a company or individual in Ohio for breach of contract involves the following steps:

1. Determine if there is a valid contract: Before filing a lawsuit, it is important to determine whether there is a valid contract in place. A contract is an agreement between two or more parties that creates legally enforceable obligations. To be enforceable, a contract must contain an offer, acceptance, consideration, and be free from any defects.
2. Identify the breach of contract: The second step requires identifying the specific breach of contract that occurred. A breach occurs when one party fails to perform one or more of the obligations imposed on them by the contract. A breach can be either a material breach or a minor breach, depending on the severity of the breach and the significance of the breach to the contract as a whole.
3. Attempt to resolve the dispute: Before filing a lawsuit, parties are generally required to attempt to resolve the dispute through negotiation or mediation. This helps to avoid the costs and time associated with litigation. If the parties are unable to reach a resolution, then a lawsuit may be filed.
4. File a complaint: Once negotiations have been exhausted, the next step is to file a complaint in the appropriate court. The complaint must state the facts of the case and the legal basis for the claim, and must be properly served on the defendant.
5. Discovery: After the complaint has been served, the parties engage in discovery, which is the process of gathering evidence relevant to the case. This includes requests for documents, depositions of witnesses, and other forms of discovery.
6. Litigation: After discovery is completed, the case goes to trial, where the parties present their evidence and arguments to a judge or jury. After hearing the evidence, the judge or jury makes a decision regarding whether a breach of contract occurred and what damages, if any, are appropriate.

It is important to note that there may be limitations or exceptions to the advice given based on the specific facts of the case. For example, there may be specific time limits for filing a lawsuit, and certain types of contracts may require additional steps before a lawsuit can be filed. If further action is necessary, it may be helpful to contact a licensed attorney for further advice.