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. Wrapping Up – Settlements, Judgments, Appeals and Enforcement
7. Ethical Considerations

Continuing Education Credits:   

* denotes specialty credits

THE STRUCTURE AND OVERVIEW OF THE COURT SYSTEM
9:00 - 9:50, Matt Rusch

• 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
9:50 - 10:20 and 10:35 - 11:05, Matthew S. McKeever

• 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
11:05 - 11:55, Robert A. Mooney

• 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
12:55 - 1:40, Robert A. Mooney

• 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
1:40 - 2:25, Robert A. Mooney

• 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

WRAPPING UP – SETTLEMENTS, JUDGMENTS, APPEALS AND ENFORCEMENT
2:40 - 3:30, Matt Rusch

• 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, Paul Shotkoski

• The Etiquette of Communicating With Other Litigating Parties
• Protecting Client Confidentiality
• Determining and Collecting Attorneys' Fees/Costs

MATTHEW S. MCKEEVER is a partner in the law firm of Copple, Rockey, McKeever & Schlecht P.C., L.L.O., with offices in both Omaha and Norfolk, Nebraska.   He earned his undergraduate degree, with honors, from the University of Nebraska at Lincoln and his law degree from Brooklyn Law School in Brooklyn, New York.  Mr. McKeever is admitted to practice in Nebraska and New York.  He is in his fifteenth year of practicing law, primarily in the fields of commercial litigation, collections, creditor bankruptcy, domestic relations, personal injury, real estate and estate litigation. Mr. McKeever previously presented on topics regarding landlord-tenant law and  real estate for the NSBA Best Practices Series

ROBERT A. MOONEY is an attorney with Gross & Welch P.C., L.L.O., where his main areas of practice are insurance defense litigation, commercial litigation and appellate litigation. Mr. Mooney is a member of the Omaha Bar Association, where he served on the courts committee from 2002 to 2007. He was the president of the Omaha Barristers Club from 2007 to 2008, and is currently serving on the Disciplinary Review Board for the Nebraska Supreme Court. Mr. Mooney also is a board member of the Nebraska Defense Counsel, and a member of the Nebraska Bar Association and Defense Research Institute. He was a Supreme Court Judicial Clerk for the Honorable Michael McCormack from 1997 to 1998. In addition, Mr. Mooney serves on the Omaha Police and Fire Pension System Board. He earned his B.A. and J.D. degrees from the University of Nebraska.

MATT RUSCH is a shareholder with Erickson & Sederstrom, P.C., in Omaha, and has been with the firm since 2004.  He handles a wide variety of litigation matters, including bankruptcy, condemnation, commercial litigation and general litigation.  Mr. Rusch is a member of the American, Nebraska State and Omaha bar associations, the State Bar of South Dakota, and the American Bankruptcy Institute. He earned his B.S.B.A. degree from Creighton University and his J.D. degree from the University of South Dakota School of Law, where he was a Sterling Honor Graduate.  Mr. Rusch spent six years on active duty as a United States Army officer, serving as a member of the Judge Advocate General's Corps.  In his time with the Army, he practiced law in many locations around the world and the United States, including Iraq, Kuwait, Virginia, Kansas and Washington State.  Mr. Rusch continues to serve as a member of the U.S. Army Reserve.

PAUL M. SHOTKOSKI is a partner in the law firm of Fraser Stryker PC LLO, where he focuses his practice on commercial litigation, insurance defense and self-insured litigation, complex litigation, and environmental law and toxic torts. He earned his B.S.B.A degree and his J.D. degree from Creighton University. Mr. Shotkoski is a member of the American, Nebraska State, Omaha, Illinois State and Iowa State bar associations.

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