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.

1. The Structure and Overview of the Court System
2. Commencing the Action
3. Responsive Pleadings – What to Use, When and How
4. Non-Compliant Claims and Third-Party Practice
5. The Purpose, Procedure and Strategy of Discovery
6. Motions, Notices and Hearings
7. Wrapping Up – Settlements, Judgments, Appeals and Enforcement
8. Ethical Considerations
9. Practice Tips – Strategies for the New Attorney

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

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THE STRUCTURE AND OVERVIEW OF THE COURT SYSTEM
9:00 - 9:40, William F. Logan

• 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
9:40 - 10:15, John J. Gates

• 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
10:30 - 11:15, John J. Gates

• 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, Brian R. Barjenbruch

• Counterclaim/Crossclaims in Relation to Principal Claims
• How to Use Injunctions and Prejudgment Remedies
• Apportionment Considerations
• Implead/Joinder

THE PURPOSE, PROCEDURE AND STRATEGY OF DISCOVERY
12:45 - 1:25, William F. Logan

• 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
1:25 - 2:00, Brian R. Barjenbruch

• 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
• Do you Need the Pretrial Report Form?

WRAPPING UP – SETTLEMENTS, JUDGMENTS, APPEALS AND ENFORCEMENT
2:00 - 2:45, Brian R. Barjenbruch

• Withdrawals: When, Why and How to do It
• The Purpose, Procedure and Strategy of Offer of Judgment/Stipulated Judgment
• Properly Documenting Defaults and Nonsuits as 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, John J. Gates

• 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, William F. Logan

BRIAN R. BARJENBRUCH is an attorney with the Law Offices of Brian R. Barjenbruch LLC, where he focuses his practice on personal injury litigation. He is licensed to practice law in Missouri and Kansas, and has represented clients at the trial court and appellate court levels, and in arbitrations before the National Association of Securities Dealers (predecessor to the Financial Industry Regulatory Authority) and the American Arbitration Association. Mr. Barjenbruch has litigated and resolved dozens of cases, including claims for wrongful termination, employment discrimination, employment contracts, fraud, breach of contract, personal injury, workers' compensation, and shareholder liability. He has won judgments for plaintiffs in trial court and defended those judgments to appellate courts. Mr. Barjenbruch has successfully appealed and defended appeals in Missouri State courts and before the Eighth Circuit Court of Appeals. Mr. Barjenbruch has been involved in drafting dozens of briefs to be presented in appellate courts in Missouri, Kansas, North Carolina, Florida and the District of Columbia. He was selected as Rising Star Super Lawyer for 2010 and 2011.

JOHN J. GATES is a partner with Baty, Holm, Numrich & Otto PC, where he practices in the areas of commercial and personal injury litigation, corporate law, and insurance litigation. He has tried several high-exposure jury trials in Missouri and Kansas, including two of the largest defense verdicts in Missouri. Mr. Gates has obtained dismissals in large-loss personal injury and commercial litigation cases, and he also prosecutes business tort, non-compete and injunctive relief claims.  In addition to his litigation practice, he represents several small businesses in routine corporate, employment and risk management matters. Mr. Gates routinely speaks at continuing legal education seminars on trial tactics and civil procedure. His article, "25 Questions Before Enforcing a Non-Compete," was recently published by US Law Magazine. Since 2008, Mr. Gates has been selected each year by his peers as a Rising Star attorney in Missouri and Kansas in the field of business and personal injury litigation. He earned his B.A. degree from Vanderbilt University and his J.D. degree from the University of Kansas School of Law. Mr. Gates is a member of The Missouri Bar, and the Kansas and Kansas City Metropolitan bar associations.

WILLIAM F. LOGAN is a partner at Foland, Wickens, Eisfelder, Roper & Hofer, PC, where he practices in the areas of commercial litigation, products liability defense, general civil litigation and professional liability defense. He wrote "A Second Chance for Kansas Attorney Supervision as an Alternative to Suspension or Disbarment," Journal of the Kansas Bar Association, Vol. 70, No. 10. Mr. Logan earned his LL.B. degree from Queen's University of Belfast in Belfast, Northern Ireland and his J.D. degree from the University of Notre Dame. He is a member of the Kansas and Kansas City Metropolitan bar associations, and The Missouri Bar.

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