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

Continuing Education Credits:   

* denotes specialty credits

THE STRUCTURE AND OVERVIEW OF THE COURT SYSTEM
9:00 - 9:45, Mary Ann Dempsey, John P. Elmore, John P. Fagan, and Christopher J. Pyles

• State vs. Federal Court Practice
• Superior Court
• District Court and Small Claims
• Complex Litigation and Business Court
• Administrative/Appellate Court
• Clerk's Office Case Flow; Office of Mediation and Arbitration

COMMENCING THE ACTION
9:45 - 10:30, Mary Ann Dempsey, John P. Elmore, John P. Fagan, and Christopher J. Pyles

• Tips for Researching, Writing and Filing the Writ or 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
• How to Use Injunctions and Prejudgment Remedies, Including Attachments

RESPONSIVE PLEADINGS –WHAT TO USE, WHEN AND HOW
10:45 - 12:00, Mary Ann Dempsey, John P. Elmore, John P. Fagan, and Christopher J. Pyles

• Do You Need Pre-Answer Motions?
• What Can Trigger a Motion to Dismiss
• 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
1:00 - 1:30, Mary Ann Dempsey, John P. Elmore, John P. Fagan, and Christopher J. Pyles

• Counterclaim/Crossclaims in Relation to Principal Claims
• Apportionment Considerations and DeBenedetto
• Implead/Cite-In/Joinder

THE PURPOSE, PROCEDURE AND STRATEGY OF DISCOVERY
1:30 - 2:15, Mary Ann Dempsey, John P. Elmore, John P. Fagan, and Christopher J. Pyles

• General When/How/Why Considerations Before You Begin
• Interrogatories/Production Requests
• 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
• Expert Disclosure
• Subpoenas and Nonparty Discovery

MOTIONS, NOTICES AND HEARINGS
2:30 - 3:00, Mary Ann Dempsey, John P. Elmore, John P. Fagan, and Christopher J. Pyles

• 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)
• What's Addressed in Oral Arguments
• Requesting Extensions of Time

WRAPPING UP – SETTLEMENTS, JUDGMENTS, APPEALS AND ENFORCEMENT
3:00 - 3:30, Mary Ann Dempsey, John P. Elmore, John P. Fagan, and Christopher J. Pyles

• ADR
• The Purpose, Procedure and Strategy of Offer of Judgment/Stipulated Judgment
• Properly Documenting Defaults/Nonsuits/Military
• 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

ETHICAL CONSIDERATIONS
3:30 - 4:30, Christopher J. Pyles

• Dealing with Pro Se Defendants and Non-Represented Witnesses
• The Etiquette of Communicating With Other Litigating Parties
• Protecting Client Confidentiality
• Determining and Collecting Attorneys' Fees/Costs

MARY ANN DEMPSEY is a partner in the law firm of Wiggin & Nourie, P.A., where she practices in the areas of insurance, appellate and litigation. She earned her B.A. degree, cum laude, from Clark University and her J.D. degree from Boston College. Ms. Dempsey is affiliated with the Manchester Bar Association, president (2010-2011) and the Defense Research Institute, where she is the current vice-chair of the National Judiciary Committee. She is a former New Hampshire State Representative. She is a member of the Tri-State Defense Lawyers Association, the New Hampshire, Massachusetts, American and the New Hampshire Women's bar associations.

JOHN P. ELMORE is active in the negotiation and litigation of personal injury cases, including automobile, motorcycle and pedestrian accidents, premises liability cases, slips and falls, dog bites and worker's compensation cases with Zumbado & Associates in Hampton. A member of the New Hampshire and Massachusetts Bar Associations, Mr. Elmore is also licensed to practice in the federal courts for the districts of New Hampshire and Massachusetts. He has appeared in district and superior courts across New Hampshire and Massachusetts and has done appellate work at the New Hampshire Supreme Court. Mr. Elmore is a product of the University of Connecticut School of Law, first earning his undergraduate degree at Bentley College.

JOHN P. FAGAN is a partner with Bussiere & Bussiere, P.A., in Manchester, New Hampshire. His practice includes representation of plaintiffs in all matters of personal injury in all New Hampshire courts. Mr. Fagan earned his juris doctorate from the College of William & Mary School of Law in 1989 and his undergraduate degree from Villanova University in 1986. He is a member of the New Hampshire Bar Association and is admitted to practice in the U.S. District Court for the District of New Hampshire and the U.S. 1st Circuit Court of Appeals. Mr. Fagan has written and spoken for multiple professional organizations on topics relating to the handling of personal injury matters.

CHRISTOPHER J. PYLES is a member of the litigation team at Wiggin & Nourie, P.A. He has been litigating cases in several states for more than ten years, and he has significant trial experience in several jurisdictions, including state and federal courts in New Hampshire and Massachusetts. Mr. Pyles has represented employers and employees in court and in administrative proceedings, litigated a wide range of business and commercial issues, and has a significant insurance defense practice. His experience includes jury trials, bench trials, arbitrations, appellate arguments, appearing before medical malpractice panels, and engaging in mediations as a party and as volunteer mediator. He is a frequent speaker at litigation seminars and a contributor to Wiggin & Nourie, P.A. blogs, industry newsletters and legal updates to clients. In addition to being a member of the state and federal bars in New Hampshire, Massachusetts, West Virginia and the 1st and 4th Circuits, Mr. Pyles is a member of the Manchester Bar Association, DRI and the Tri-State Defense Lawyers Association.

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