Get a Comprehensive Review of the Civil Litigation Process
This two-day practical guide to civil litigation will walk you through the structure and strategy of a lawsuit from client intake and initial filing through settlement, trial and post-trial remedies. Take the time to ask your most pressing questions and find out what works and what doesn't in real-life situations. Get efficiency tips from seasoned litigators. Register today!
- Get two full days of civil litigation training, so you can navigate the court system with ease.
- 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.
- Avoid unnecessary and frustrating delays - learn to identify all the important case-related deadlines 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.
- Deliver a compelling opening statement for a favorable first impression.
- Learn when and how to object without alienating the judge or jury.
- Guide your witnesses in providing persuasive and compelling testimony.
- Diminish the influence of opposing testimony: know how to limit responses and highlight prior inconsistencies.
- Be persuasive: use easy, inexpensive technology to tell a compelling story.
- 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 UTAH COURT SYSTEM
9:00 - 10:00, Michael W. Homer
- History and Development of Utah Territorial Court System (1850-1896)
- The Impact of Statehood on Federal and State Court Jurisdiction
- History and Development of Federal Courts in Utah
- History and Development of the Utah State Courts
- The Current Structure of Federal and State Courts
- COMMENCING THE ACTION
10:15 - 11:15, Keith A. Call
- Researching, Writing and Filing the Petition/Complaint
- Determining Jurisdiction and Venue
- Requesting Relief – What You Need to Include
- Common Questions about Summons/Appearances
- Dealing with the Tier System
- MAINTAINING AN ETHICAL PRACTICE
11:15 - 12:15, Keith A. Call
- Conflicts of Interest
- Communication with Other Parties
- Talking to Witnesses before They Testify
- Protecting Client Confidentiality
- Setting and Collecting Attorney Fees
- Handling Highly Prejudicial Evidence
- Withdrawals: When, Why and How to Do It
- RESPONSIVE PLEADINGS –WHAT TO USE, WHEN AND HOW
1:15 - 2:15, Charles L. Perschon
- Pre-Answer Motions – Do You Need One?
- Common Triggers of Motions to Dismiss
- Requesting Revisions to Pleadings – Purpose and Process
- Motion to Strike – Common Grounds, Proper Structure
- Answers/Special Defenses/Replies/Affirmative Defenses
- How Much Time Do You Have to Plead?
- Amendments Procedure
- Pros and Cons of Using Various Responsive Pleadings
- DISCOVERY: ITS PURPOSE, PROCEDURE, STRATEGY
2:30 - 3:30, Gregory J. Sanders
- Key When/How/Why Considerations
- Complying with Discovery Rules
- Effective Interrogatories/Production Requests/Admissions
- Deposition How-to's
- Motions to Compel/Enforce, Quash, and for Protective Order
- Expert Disclosure
- Subpoenas and Nonparty Discovery
- MOTIONS, NOTICES AND HEARINGS
3:30 - 4:30, Charles L. Perschon
- Motion/Notice Format and Procedure
- Notifying of and Appearing at Short Calendars/Special Proceedings
- What's Addressed in Oral Arguments
- Requesting Extensions of Time
- Pretrial Reports
- A VIEW FROM THE BENCH – Q&A DISCUSSION
9:00 - 9:30, Randy B. Birch
- HOW TO SELECT THE RIGHT JURY FOR YOUR CASE
9:30 - 10:30, Bruce M. Pritchett
- Preparing for Jury Selection
- FAQs about Jury Instructions
- Making a Connection with Potential Jurors
- Uncovering Biases and Cultural Values That May Impact Your Case
- The Art of Asking the Right Questions
- Active Listening
- Preemptory Challenges and Challenges for Cause
- Using Jury Surveys and Questionnaires
- OPENING STATEMENTS – TELLING A COMPELLING STORY
10:45 - 11:45, Mark T. Ethington
- The Purposes of Opening Statement
- Communicate Your Theme Effectively
- Evoke Emotion and Get the Interest of the Jury from the Beginning – Common Techniques
- Clearly Lay Out the Plot of the Case
- Identify the Participants and Give Brief Analysis of Their Character
- Introduce Applicable Laws
- Reinforce Your Case Theme
- Leave Listeners with a Favorable Impression
- SKILLFUL USE OF OBJECTIONS
12:45 - 1:30, Randy B. Birch
- When to Object – Purpose, Evidentiary Basis, etc.
- How to Object
- Should You Object during the Opponent's Opening or Closing Statement?
- Countering Objections
- GETTING THE BEST OUT OF WITNESS EXAMINATION
1:30 - 2:15, Gregory J. Sanders
- Direct Examination Techniques
- Cross-Examination Methods
- CLOSING STATEMENTS AND FINAL JURY INSTRUCTIONS
2:30 - 3:30, Mark T. Ethington
- Summing Up Both Sides of the Case
- Addressing Weak Points in Your Theory
- Last Words and Rebuttal
- Style and Delivery
- Jury Instructions – Standard vs Case-Specific
- POST-TRIAL TACTICS – JUDGMENTS, APPEALS, ENFORCEMENT
3:30 - 4:30, Tawni J. Anderson
- Judgment - Where Do You Go From Here?
- Post-Verdict Motions - What is Allowed?
- Appeals - What Constitutes Requesting a Higher Court's Review?
- Preserving Appellate Issues/Taking Appeals
- Using Trial and Post-Trial Motions
- Collecting Money Judgments
- Completing the Certificate of Satisfaction
This basic-to-intermediate level two-day seminar is designed for attorneys. It may also benefit in-house counsel, litigation support professionals and paralegals.