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| From Event: The Mechanics of Kentucky Civil Procedure, held March 2012.
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Program Description
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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. Order today to get a detailed examination of where, when and how claims are processed in civil courts, so you can improve your efficiency.
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Course Content
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- The Structure and Overview of the Court System
- Commencing the Action
- Responsive Pleadings – What to Use, When and How
- Non-Compliant Claims and Third-Party Practice
- The Purpose, Procedure and Strategy of Discovery
- Motions, Notices and Hearings
- Wrapping Up – Settlements, Judgments, Appeals and Enforcement
- Ethical Considerations
- Practice Tips – Strategies for the New Attorney
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Continuing Education Credits:
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Continuing Legal Education - CLE: 6.00 KY - Credit Approval Expiration 06/30/2012
* denotes specialty credits
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Agenda / Content Covered:
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THE STRUCTURE AND OVERVIEW OF THE COURT SYSTEM 9:00 - 9:45, Written by Thomas E. Clay. Presented by Daniel E. Danford in Lexington and Thomas E. Clay in Louisville. - 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 9:45 - 10:20, Written by William J. George. Presented by William J. George in Lexington and Matthew W. Stein in Louisville. - 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 10:35 - 11:15, Written by John G. McNeill. Presented by John G. McNeill in Lexington and J.D. Raine Jr. in Louisville. - 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, Written by David J. Treacy. Presented by David J. Treacy in Lexington and Matthew W. Stein in Louisville. - Counterclaim/Crossclaims in Relation to Principal Claims
- How to Use Injunctions and Prejudgment Remedies
- Apportionment Considerations
- Implead/Cite-In/Joinder
THE PURPOSE, PROCEDURE AND STRATEGY OF DISCOVERY 12:45 - 1:30, Written by John G. McNeill. Presented by John G. McNeill in Lexington and Matthew W. Stein in Louisville. - 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 1:30 - 2:05, Written by William J. George. Presented by William J. George in Lexington and J.D. Raine Jr. in Louisville. - 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
- Certificate of Closed Pleadings/Jury Claims
- Do you Need the Pretrial Report Form?
WRAPPING UP – SETTLEMENTS, JUDGMENTS, APPEALS AND ENFORCEMENT 2:05 - 2:45, Written by J.D. Raine Jr. Presented by Daniel E. Danford in Lexington and J.D. Raine Jr. in Louisville. - Withdrawals: When, Why and How to do It
- The Purpose, Procedure and Strategy of Offer of Judgment/Stipulated Judgment
- Properly Documenting Defaults/Nonsuits/Military/Opening 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
ETHICAL CONSIDERATIONS 3:00 - 4:00, Written by Thomas E. Clay. Presented by David J. Treacy in Lexington and Thomas E. Clay in Louisville. - 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, Written by Thomas E. Clay. Presented by David J. Treacy in Lexington and Thomas E. Clay in Louisville.
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March 22 - Lexington DANIEL E. DANFORD is an attorney with Stites & Harbison PLLC in the firm's Lexington office. He practices with the Business Litigation Group and the Torts & Insurance Practice Service Group, and is primarily involved in defending complex business and product liability claims. Mr. Danford is listed in Kentucky Super Lawyers magazine for 2011. He is admitted to practice in Kentucky as well as before the U.S. Court of Appeals for the 6th Circuit, and the U.S. District Court for the Eastern and Western districts of Kentucky. Mr. Danford earned his B.A. degree from the University of Denver, his M.S. degree from the University of Wisconsin, and his J.D. degree from Vanderbilt University Law School. WILLIAM J. GEORGE is an attorney with Frost Brown Todd LLC in Lexington, where his main areas of practice include medical malpractice, nursing home abuse and personal injury. Mr. George previously has lectured on his areas of expertise. Mr. George received his B.A. degree from Purdue University and his J.D. degree from Valparaiso University School of Law. He is a member of the Fayette County and Kentucky bar associations, and the Kentucky Justice Association. JOHN G. McNEILL is a partner in the law firm of Landrum & Shouse LLP, in Lexington. His areas of concentration are in civil trial practice in state and federal courts, personal injury, products liability, and workers' compensation. Mr. McNeill is a frequent lecturer on insurance law, automobile and truck accident litigation, and professional ethics. He earned his J.D. degree from Kentucky College of Law; and his B.S. degree, with honors, from the University of Wyoming. Mr. McNeill is a member of the Fayette County, Kentucky, American and National bar associations; the American Inns of Court (Henry Clay Chapter); the Kentucky Defense Counsel and the Defense Research Institute. DAVID J. TREACY is a partner with the regional law firm of Dinsmore & Shohl LLP, practicing out of their Lexington, Kentucky office. His area of expertise is in complex corporate and commercial litigation. Mr. Treacy appears regularly in state and federal trial and appellate courts, as well as before state administrative agencies. He is licensed to practice in Kentucky, New Jersey and New York; and also is admitted to practice before the U.S. District Courts for the Eastern and Western districts of Kentucky, the U.S. District Court for the District of New Jersey and the U.S. Court of Appeals for the Sixth Circuit. Mr. Treacy earned his J.D. degree, cum laude, from Seton Hall University School of Law; and his B.A. degree from the University of Notre Dame. March 29 - Louisville THOMAS E. CLAY is an attorney in Louisville, Kentucky, where he practices in the areas of general civil litigation, criminal defense and employment discrimination. He has been practicing law for more than 35 years. Mr. Clay speaks extensively for National Business Institute on various litigation topics. He is a member of the Louisville Bar Association, the Kentucky Bar Association, the U.S. District Court for the Eastern and Western districts of Kentucky and the U.S. Court of Appeals for the 6th Circuit. Mr. Clay earned his B.A. degree from Centre College and his J.D. degree from the University of Louisville. J.D. RAINE JR. is a member of the Louisville law firm of Ferreri & Fogle. Mr. Raine practices in civil litigation, personal injury defense, insurance and equine law. Mr. Raine also is a certified mediator. He served as an assistant Jefferson County attorney from 1986 to 1992. Mr. Raine is a member of the Louisville (former member, Professional Responsibility Committee) and Kentucky (member, Equine Law Section) bar associations. Mr. Raine earned his B.A. degree from Washington & Lee University and his J.D. degree from the University of Louisville. MATTHEW W. STEIN is a sole practitioner in Louisville, Kentucky. He has been an attorney for more than 22 years and practices in the areas of personal injury and business litigation. Mr. Stein is board certified as a civil trial advocate by the National Board of Trial Advocacy and has been named a Kentucky Super Lawyer for 2007, 2008 and 2009 by Law & Politics. He is a member of the Litigation Counsel of America, the Million Dollar Advocates Forum, the Kentucky Justice Association and the Kentucky Bar Association. Mr. Stein earned his B.S. degree from the University of Kentucky and his J.D. degree from the University of Louisville.
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Please refer to Continuing Education Credit FAQ for general information about seeking
credit for your participation in one of our continuing education programs.
Additionally, our team of credit specialists are here to answer your specific credit-related
questions weekdays 7am - 5pm Central:
Phone: 866-240-1890
Email: credit@nbi-sems.com
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ACCREDITATION DETAILS:
Continuing Legal Education
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KY
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CLE:
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6.00
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Credit Approval Exp 06/30/2012
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This program has been approved as a technological CLE activity by the Kentucky Bar Association Continuing Legal Education Commission and may qualify for up to 6.0 credits, of which 1.0 hour relates to ethical considerations. No more than 6.0 hours of technological CLE credit may be earned during a reporting period.
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| Web: |
Order Now
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| Call: |
800.930.6182 |
| Fax: |
715.835.1405 |
| Mail: |
NBI
P.O. Box 3067
Eau Claire, WI 54702
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