A Step-by-Step Civil Court Procedure Handbook
The civil court system is a sophisticated machine that offers justice for all. To work properly, however, it requires just as sophisticated an operator - you. Whether you're filing your first or ninetieth case tomorrow, you will find this guide helpful. Join our faculty in detailed examination of where, when and how claims are processed in civil courts, so you can improve your efficiency. Enroll today!
- Learn what they don't teach you in law school - hear real-life examples from experienced faculty.
- Gain a quick refresher on the structure and function of the various courts and learn how state civil procedure differs from federal.
- Get a head start on the case with detailed instructions on how to properly initiate action with a court.
- Don't reinvent the wheel - save time with our sample forms and checklists.
- Avoid unnecessary and frustrating delays - learn how to identify all the important deadlines associated with the case and plan your work around them.
- Follow proper discovery procedures to the letter to ensure thorough and admissible evidence supports your case.
- Make the best use of pretrial motions with precise timing and impeccable execution.
- Discover what trial tactics can lay the groundwork for a successful appeal.
- Review a number of scenarios that test the bounds of legal ethics and come up with acceptable solutions together.
- Avoid fatal missteps in filing notices of appeal and other documentation.
THE STRUCTURE AND OVERVIEW OF THE COURT SYSTEM
9:00 - 9:40, William F. Logan
- State vs. Federal Court Practice
- Superior and Probate Court
- Small Claims and Housing
- Complex Litigation
- Administrative/Appellate Court
- Clerk's Office Case Flow
COMMENCING THE ACTION
9:40 - 10:15, John J. Gates
- Tips for Researching, Writing and Filing the Complaint
- Determining Jurisdiction and Venue
- What to Include in the Prayer for Relief
- Common Questions About Summons/Appearance
- Filing a Proposed Scheduling Order and Meeting the Deadlines
RESPONSIVE PLEADINGS –WHAT TO USE, WHEN AND HOW
10:30 - 11:15, John J. Gates
- Do You Need Pre-Answer Motions?
- What Can Trigger a Motion to Dismiss
- The Purpose and Process of Request to Revise
- Common Grounds for and Proper Structure of Motion to Strike
- Answer/Special Defense/Reply
- How Much Time do You Have to Plead?
- Amendments Procedure
- Don't Tip Your Hand! Pros and Cons of Using Various Responsive Pleadings
NON-COMPLAINT CLAIMS AND THIRD PARTY PRACTICE
11:15 - 11:45, Brian R. Barjenbruch
- Counterclaim/Crossclaims in Relation to Principal Claims
- How to Use Injunctions and Prejudgment Remedies
- Apportionment Considerations
THE PURPOSE, PROCEDURE AND STRATEGY OF DISCOVERY
12:45 - 1:25, William F. Logan
- General When/How/Why Considerations Before You Begin
- Interrogatories/Production Requests
- Demand for Disclosure of Defense
- Depositions – Planning, Physical Location, Documentation, Objections and Instructions Not to Answer
- Ensure the Admissions are Usable in Court
- Properly Documenting Objections/Good-Faith Efforts
- Motions to Compel, Quash, and for Protective Order
- Special Expert Disclosure
- Subpoenas and Nonparty Discovery
MOTIONS, NOTICES AND HEARINGS
1:25 - 2:00, Brian R. Barjenbruch
- The Format and Procedure of Motions and Notices
(Including: Briefs/Signature, How to Format Citations, When to File by Mail/Fax-File/ E-File, Why Certifications of Mailing are Important, Claims/Reclaims and More)
- Notifying of and Appearing at Short Calendars/Special Proceedings
- What's Addressed in Oral Arguments
- Requesting Extensions of Time
- Do you Need the Pretrial Report Form?
WRAPPING UP – SETTLEMENTS, JUDGMENTS, APPEALS AND ENFORCEMENT
2:00 - 2:45, Brian R. Barjenbruch
- Withdrawals: When, Why and How to do It
- The Purpose, Procedure and Strategy of Offer of Judgment/Stipulated Judgment
- Properly Documenting Defaults and Nonsuits as Not to Jeopardize Your Case
- Hearing in Damages – What Supporting Documentation to Provide
- How to Get a Summary Judgment
- Using Trial and Post-Trial Motions
- Preserving Appellate Issues/Taking Appeals
- Collecting Money Judgments
- Completing the Certificate of Satisfaction
3:00 - 4:00, John J. Gates
- The Etiquette of Communicating With Other Litigating Parties
- Protecting Client Confidentiality
- Determining and Collecting Attorneys' Fees/Costs
PRACTICE TIPS – STRATEGIES FOR THE NEW ATTORNEY
4:00 - 4:30, William F. Logan
This basic level primer offers a comprehensive overview of civil court procedure for attorneys and will also benefit paralegals and litigation support specialists.