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Training Course Syllabus:


This seminar is designed for attorneys who want a review of state civil litigation procedures.

Topics to be discussed during this one-day program will include:

• Motions

• Discovery

• Juries

• Observations From The Jury Box

• Administrative Litigation

9:00 a.m. - 9:45 a.m.

I. Motions

A. Removal To Federal Court

1. Nature And Purpose

2. Requirements

a. Criteria For Removal

b. Timetable For Removal

3. Strategy Considerations

a. Advantages Of Removal

b. Disadvantages Of Removal

4. Opposing Removal

a. Procedural Attacks

b. Substantive Attacks

B. Other Grounds To Defeat Removal

C. Change In Venue

D. Motions To Dismiss

E. Rule 11

F. Summary Judgment Motions

G. Other Motions

H. Ethical Issues

9:45 a.m. - 10:15 a.m.

II. Case Management Orders And Class

Actions

A. Case Management Orders

B. Class Action Issues

1. Pleading Requirements

2. Special Jurisdictional Issues

3. Grounds For Opposing Class Certification

4. Discovery

5. Class Certification Hearing

6. Appeals

7. Settlement Issues

8. Ethical Issues

10:15 a.m. - 10:30 a.m.

Break

10:30 a.m. - 11:30 a.m.

III. Discovery

A. Requirements Of Rule 26

B. Scope Of Discovery

C. Interrogatories

D. Requests For Production Of Documents

E. Depositions

F. Expert Discovery

G. Requests For Admission

H. Other Discovery

I. Electronic Discovery

J. Discovery Disputes

K. Ethical Issues

11:30 a.m. - 12:00 p.m.

IV. Privilege Issues

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 1:30 p.m.

V. Juries

A. Jury Research

1. Types Of Jury Research

2. Privilege Issues

B. Jury Selection

C. Use Of Jury Consultants During Trial

D. Jury Instructions

1:30 p.m. - 2:30 p.m.

VI. Trial

A. Pre-Trial Motions

B. Exhibits

C. Stipulations

D. Opening Statements

E. Direct Examination

F. Cross-Examination

G. Objections

H. Motion For Directed Verdict

I. Closing Arguments

J. Jury Instructions

2:30 p.m. - 2:45 p.m.

Break

2:45 p.m. - 3:00 p.m.

VII. Observations From The Jury Box

3:00 p.m. - 3:45 p.m.

VIII. Post-Trial Issues

A. JNOV

B. Motion To Amend

C. Pre- And Post-Judgment Interest

D. Attorneys Fees

1. American Rule

2. Exceptions: Contract And Statutory

3. Rule 68 Offer To Settle

4. Procedural Requirements To Obtain Fees

E. Appeal

1. Record On Appeal

2. Briefs

3. Oral Argument

F. Petition For Certiorari Or Appeal

3:45 p.m. - 4:15 p.m.

IX. Administrative Litigation

A. Differences Between Administrative Cases And Standard Civil Cases

B. Role Of APA, Substantive Laws And Regulations

C. Standing And Ripeness Issues

D. Proceedings For OAH

E. Final Decision By Agency

F. Appeals To Superior Court

4:15 p.m. - 4:30 p.m.

X. Question And Answer Session

Seminar Summary:

 (see full course description)

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