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| From Event: The Mechanics of New Jersey Civil Procedure, held November 2011.
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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 Credit Hrs State Credit Approval Expiration
* denotes specialty credits
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Agenda / Content Covered:
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THE STRUCTURE AND OVERVIEW OF THE COURT SYSTEM 9:00 - 9:30, Mark J. Oberstaedt - 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 9:30 - 10:00, Mark J. Oberstaedt - 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 10:00 - 10:30, Mark J. Oberstaedt - 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 10:45 - 11:15, Steven J. Fram - 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 11:15 - 12:00, Mitchell H. Kizner - 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 1:00 - 1:45, Mitchell H. Kizner - 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 1:45 - 2:30, Mitchell H. Kizner - 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 2:45 - 3:45, Steven J. Fram - The Etiquette of Communicating With Other Litigating Parties
- Protecting Client Confidentiality
- Determining and Collecting Attorneys' Fees/Costs
PRACTICE TIPS – STRATEGIES FOR THE NEW ATTORNEY 3:45 - 4:30, Steven J. Fram
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STEVEN J. FRAM is a shareholder in the law firm of Archer & Greiner, P.C., where he chairs the firm's commercial litigation practice group. Mr. Fram concentrates his practice on the resolution of complex business disputes, including business torts, class actions, intellectual property and technology matters, and shareholder and corporate governance disputes. He is a frequent lecturer on litigation, ethics and technology law issues to business and professional groups. Mr. Fram is a member of the Camden County, New Jersey State and American bar associations. He earned both his B.A. degree, magna cum laude, and his M.A. degree from Cornell University and his J.D. degree, cum laude, from Georgetown University Law Center. MITCHELL H. KIZNER is a shareholder with the firm of Flaster Greenberg PC, where his areas of practice include environmental law, insurance and commercial litigation. He also is a certified trial attorney. Mr. Kizner earned his B.A. degree, magna cum laude, from Queens College of the City University of New York and his J.D. degree, with honors, from Rutgers University Law School. He is a member of the American Bar Association and the New Jersey State Bar Association. MARK J. OBERSTAEDT is a shareholder in the law firm of Archer & Greiner, P.C., where he is a member of the firm's commercial litigation practice group. Mr. Oberstaedt concentrates his practice on the resolution of complex business disputes, including business torts, class actions, fraud and ERISA. He has lectured on various litigation and ERISA issues, and has written articles that appeared in various publications including the New Jersey Law Journal, Seton Hall Law Review, and others. Mr. Oberstaedt is a member of the Camden County, New Jersey State and American bar associations. He earned his B.A. degree, with honors and summa cum laude, from College Misericordia, and his J.D. degree, cum laude, from Seton Hall University.
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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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NJ
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CLE:
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7.20
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Credit Approval Exp 06/23/2013
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Including - Civil Trial Law: 6.00
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This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.2 hours of alternative format CLE credit. Of these, 1.2 qualify as hours of alternative learning format credit for ethics/professionalism, and 6.0 qualify as hours of alternative learning format credit toward certification in civil trial law and 6.0 qualify as hours of alternative learning format newly admitted credit toward New Jersey NJ Civil or Criminal Trial Preparation. No more than 12.0 hours of alternative learning format CLE credit may be earned during a reporting period.
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NY
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CLE:
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7.00
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Credit Approval Exp 02/25/2013
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Including - Areas of Professional Practice: 6.00
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This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 7.0 credit hours, of which 6.0 hours may be applied to areas of professional practice and 1.0 hour that can be applied toward the ethics and professionalism requirement. This nontraditional format program is approved only for EXPERIENCED attorneys who have been admitted to the New York Bar for more than two years.
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PA
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CLE:
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6.00
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Credit Approval Exp 11/18/2012
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This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 6.0 hours of distance learning credit, including 5.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 4.0 hours of distance learning CLE credit may be earned during a reporting period.
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Order Now
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800.930.6182 |
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715.835.1405 |
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P.O. Box 3067
Eau Claire, WI 54702
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