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| From Event: The Mechanics of Mississippi 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
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Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please
contact us at 866-240-1890 or credit@nbi-sems.com.
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Agenda / Content Covered:
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THE STRUCTURE AND OVERVIEW OF THE COURT SYSTEM 9:00 - 9:45, Joshua Wiener - 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 - 10:30, Joshua Wiener - 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 10:45 - 11:30, Robert B. Ireland III - 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 11:30 - 12:00, Robert B. Ireland III - 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 1:00 - 1:45, Daniel M. Czamanske Jr. - 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 1:45 - 2:30, Daniel M. Czamanske Jr. - 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 2:30 - 3:15, William P. Thomas - 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 3:30 - 4:30, Jeffrey R. Blackwood - The Etiquette of Communicating With Other Litigating Parties
- Protecting Client Confidentiality
- Ethical Issues in Discovery
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JEFFREY R. BLACKWOOD is a partner in the law firm of Bradley Arant Boult Cumings LLP. In his 12 years of practice, he has handled a variety of commercial litigation and product liability actions. Mr. Blackwood has significant experience in representing life insurance companies and broker dealers in sales practice litigation, regulatory actions, federal grand jury investigations and arbitrations before the National Association of Securities Dealers around the country. He has also had significant experience with ERISA litigation. Mr. Blackwood has been involved with representing HealthSouth Corporation in matters following its multi-billion dollar accounting fraud, with an emphasis on corporate governance issues. He is currently representing a pharmaceutical corporation in average wholesale price (AWP) litigation. Mr. Blackwood also represents clients in mortgage litigation and compliance issues. He has been active in representing Hurricane Katrina victims on a pro bono basis, and routinely volunteers with the Stewpot Legal Clinic. Mr. Blackwood is admitted to practice before the U.S. District Court, Northern District of Mississippi; the U.S. District Court, Southern District of Mississippi; the Mississippi Supreme Court; and The Mississippi Bar. He is a member of the American Bar Association (litigation section) and the Fifth Circuit Bar Association. Mr. Blackwood earned his B.A. degree from Millsaps College and his J.D. degree, magna cum laude, from Mississippi College School of Law. He won the 2009 Pro Bono Award from Hinds County Bar Association and is a adjunct professor at the Mississippi College School of Law. Mr. Blackwood clerked for Honorable Rhesa H. Barksdale, United States Court of Appeals, 5th Circuit. DANIEL M. CZAMANSKE JR. is a civil trial attorney with the law firm of Chapman Lewis & Swan, where he practices primarily in the areas of product liability, premises liability, and medical malpractice. He is licensed to practice in Mississippi, Tennessee, Missouri and Illinois, where he has practiced before both state and federal courts. Mr. Czamanske is a member of The Mississippi Bar, The Missouri Bar, and the Tennessee and Coahoma County bar associations. He earned his BSBA degree from the University of Missouri and his J.D. degree from the University of Missouri. ROBERT B. IRELAND III is a member at Watkins & Eager. He has a diverse practice with much experience defending product liability claims, employment claims, and medical malpractice claims. Mr. Ireland also handles an array of other general litigation matters. He served as a law clerk for United States District Judge Sharon L. Blackburn, Northern District of Alabama. Mr. Ireland attends St. Andrew's Episcopal Cathedral, where is on the Vestry. He earned his bachelor's degree from the University of Alabama and his Juris Doctorate, cum laude, from the University of Mississippi. While at the University of Mississippi he was the executive editor of the Mississippi Law Journal. WILLIAM P. THOMAS is an attorney with the law firm Butler, Snow, O'Mara, Stevens & Cannada, PLLC, where his area of practice is product liability (agricultural/chemical products and all-terrain vehicles). He is admitted to practice in Mississippi, before the U.S. District Courts (Mississippi Northern and Southern Districts), and the U.S. Court of Appeals. Mr. Thomas is a member of the American Bar Association and The Mississippi Bar. He has authored "Dealing With the Three-Headed Product Liability Complaint," The MDLA Quarterly, and co-authored both the "Warranty and Product Liability Have Collided: Now What?" DRI For the Defense ACMIE Newsletter and the "Mississippi Jury Instructions for Product Liability Claims and Defenses," Product Liability Advisory Committee. JOSHUA WIENER has enjoyed a wide ranging trial, dispute resolution, and advice and counsel practice in the Jackson, Mississippi metro area since 1982. He is Mississippi counsel for a number of national clients as well as businesses and individual clients based in Mississippi and the Jackson metro area. Mr. Wiener joined Butler, Snow, O'Mara, Stevens & Cannada, PLLC in 2002 and has served as leader of the firm's general litigation practice group and chairman of the Associates Committee. He has tried numerous jury and bench trials in state and federal courts throughout Mississippi and has had extensive experience in written advocacy, including motions for summary judgment and appellate briefs, which are reflected in reported decisions. Mr. Wiener is AV-rated by Martindale-Hubbell and is listed in The Best Lawyers in America for commercial litigation and Mid-South Super Lawyers for business litigation. He has spoken to law school and high school classes about the practice of law, and has been a seminar presenter on trial and litigation topics. Mr. Wiener is a member of the American Board of Trial Advocates "ABOTA", the Capital Area Bar Association, and the ABA-TIPS Litigation Section of the American Bar Association. He began his career as law clerk to Hon. Charles Clark, Chief Judge, United States Court of Appeals, Fifth Circuit.
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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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