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 - 9:45, Edward J. Guza
- State vs. Federal Court Practice
- Complex Litigation
- Procedures in Justice Court
- Procedures in Municipal Court
- Appeals to the District Court
- Appeals to the Montana Supreme Court
COMMENCING THE ACTION
9:45 - 10:30, Edward J. Guza
- 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
- Collecting Dates for Scheduling Orders and Meeting Them
RESPONSIVE PLEADINGS –WHAT TO USE, WHEN AND HOW
10:45 - 11:30, Edward J. Guza
- Should You File Pre-Answer Motions?
- The Purpose and Process of Motions to Amend
- Common Grounds for and Proper Structure of Motion to Strike
- Common Time Limitations Under the Rules of Civil Procedure
THE PURPOSE, PROCEDURE AND STRATEGY OF DISCOVERY
12:30 - 1:20, Richard A. Weber
- General When/How/Why Considerations Before You Begin
- Interrogatories/Requests for Production
- Depositions – Planning, Physical Location, Documentation, Objections and Instructions Not to Answer
- Proper Objections
- Motions to Compel, Quash, and for Protective Order
- Expert Disclosure
- Subpoenas and Nonparty Discovery
MOTIONS AND HEARINGS
1:20 - 2:15, Robert L. Stephens Jr.
- The Format and Procedure of Motions and Hearings
- How to Prepare for Oral Arguments
- Requesting Extensions of Time
- Third Party Practice
WRAPPING UP – SETTLEMENTS, JUDGMENTS, APPEALS AND ENFORCEMENT
2:30 - 3:30, Richard A. Weber
- Withdrawals: When, Why and How to do It
- The Purpose, Procedure and Strategy of Offer of Judgment
- Properly Filing/Nonsuits
- Your Best Chances at Summary Judgment
- Filing Trial and Post-Trial Motions
- Preserving Appellate Issues
3:30 - 4:30, Richard A. Weber
- The Etiquette of Communicating With Opposing Counsel and Pro-Se Litigants
- Protecting Client Confidentiality
- Determining and Collecting Attorneys' Fees/Costs
This basic level primer offers a comprehensive overview of civil court procedure for attorneys and will also benefit paralegals and litigation support specialists.