Learn Real-World Strategies for Using the Rules of Civil Procedure to Your Advantage
Do you know the most effective way to apply the Rules of Civil Procedure to get the best outcome for your client? This practical course uses the experience of veteran civil litigation attorneys to build your own skills. From commencing an action to enforcing a judgment, you'll learn which procedural rules can be your best friend or your worst enemy. Stay a step ahead of your opponent with detailed knowledge of service of process, discovery and motions. Get insights into the rules judges enforce to the letter and which they let slide. No matter which side of the claim your client is on, our faculty will prepare you to master civil procedure. Register today!
- Evaluate the pros and cons of filing your claim in state or federal court.
- Prepare to respond to a suit with an affirmative defense.
- Protect your case with proper service of process.
- Get a handle on your discovery costs using proportionality.
- Effectively draft and respond to motions for default or summary judgment.
- Lay the groundwork for a successful appeal.
- Maintain cooperation with opposing counsel using the Rules of Professionalism and Civility.
- Commencing an Action
9:00 - 10:00,
Jay B. Feldman
- Whether to File in State or Federal Court or a Specialty Court
- Does Your Complaint Meet the Plausibility Pleading Standard?
- Should You Demand a Jury Trial?
- How and When to Amend Your Pleadings
- Avoiding Dismissal When Substituting Parties
- Answering or Responding to a Complaint
10:00 - 10:45,
Michael S. Horn
- Should You Answer or File a Motion to Dismiss
- How to Plead Affirmative Defense
- Managing Allocation of Fault to Your Advantage
- When to Ask for a More Definite Statement
- Rules for Bringing a Counterclaim
- How to Compute Deadlines
- Jurisdiction and Service of Process
11:00 - 11:45, Michael S. Horn
- Ensuring Personal Jurisdiction of the Defendant Through Proper Service of Process
- How to Claim Insufficient Service of Process
- When the Defendant is a Foreign Party
- Removing a Case to Federal Court
- Discovery: Scheduling, Conducting and Paying
12:45 - 1:45,
Eric I. Abraham
- What Information Falls Under Mandatory Initial Disclosure?
- Using Protective Orders to Allocate Discovery Expenses
- Limiting the Cost of ESI Discovery Through Proportionality
- Handling the When, Where and How of Depositions
- Who Pays for Witness Depositions, Court Reporters and More
- Procedures for Issuing Subpoenas and Compelling Testimony
- How to Handle Disputes Over Privileged Materials and Work Product
- Sanctions for Failing to Disclose or Cooperate in Discovery
- Using Motions to Enhance Your Case
1:45 - 2:30,
Jay B. Feldman
- How to Request and Secure Default Judgment
- Issuing or Opposing a Motion for Summary Judgment
- Issuing Motions After the Verdict
- When Can You Move to Withdraw or Amend an Admission?
- Getting a Judgment as a Matter of Law
- Judgment and Final Remedies
2:45 - 3:30,
Eric I. Abraham
- Best Practices for Bench Trial, Jury Trial and Magistrate or Special Master Trial
- Rules for Assessing Court Costs
- Preserving the Record for Appeal and Getting (or Preventing) a New Trial
- Enforcement and Relief of Judgments or Orders
- How to Handle Offers of Judgment
- Ethical Practices for Civil Litigation
3:30 - 4:30, Eric I. Abraham
- Cooperation Among Attorneys
- Using Rules of Professionalism and Civility to Maintain Cooperation
- Confidentiality and Data Security
- Rules Against Ex-Parte Communications
- Identifying and Avoiding Conflicts of Interest
This intermediate level seminar is designed for civil litigation attorneys. Paralegals and litigation support professionals will also benefit.