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| From Event: The Mechanics of New York Civil Procedure, held June 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
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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, Gregory F. Hauser - 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, Gregory F. Hauser - 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 10:15 - 11:00, Gregory F. Hauser - 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 11:00 - 12:00, Gail L. Ritzert - 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, Laurence M. Deutsch - 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, Laurence M. Deutsch - 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 2:45 - 3:30, Bryan P. Kujawski - 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 L. Mills - The Etiquette of Communicating With Other Litigating Parties
- Protecting Client Confidentiality
- Determining and Collecting Attorneys' Fees/Costs
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LAURENCE M. DEUTSCH is the principal of Laurence M. Deutsch Law Firm, P.C., in New York City, where he prosecutes medical malpractice cases on behalf of the plaintiff. Mr. Deutsch is the author of Medical Records for Attorneys, (ALI-ABA, 2001) and was a contributing author to The Treatise on Environmental Law, (New York State Bar Association, 1992). He also was co-author of the New York State Trial Lawyers Association Decisions Annual ("Damages" chapter) for the 2005 and 2006 editions. Mr. Deutsch received his B.A. degree, magna cum laude, from Union College and his J.D. degree from the University of Chicago Law School. He is a member of the New York State Bar Association, the New York State Trial Lawyers Association, The Association of Trial Lawyers of America and the Association of the Bar of the City of New York (member, Medical Malpractice Committee). Mr. Deutsch has been a panelist speaker at prior CLE panels including "Reading Medical Records" for the New York State Trial Lawyers Association, "Decisions/Damages" for the New York State Trial Lawyers Association and "Medical Records" for National Business Institute. GREGORY F. HAUSER is a partner in the New York firm of Wuersch & Gering LLP, where his litigation practice includes domestic and international commercial litigation and arbitration, including product liability defense, intellectual property, insurance coverage, employment, contracts and business tort matters. Mr. Hauser has written a number of law review articles on various topics, and has lectured on product liability law and the differences between the civil law and common law legal systems. He is admitted to the bar in New York and before more than a dozen federal courts. Mr. Hauser received his J.D. degree, cum laude, from New York University where he also served on the Law Review, and also holds B.S. and M.S. degrees from Michigan State University. BRYAN P. KUJAWSKI is a partner in the law firm of Kujawski & DelliCarpini, where he practices in the areas of medical, legal and dental malpractice, products liability, negligence, F.E.L.A. and insurance litigation in both federal and state courts. He frequently lectures in the areas of civil litigation, New York civil practice, negligence and professional malpractice for the New York State Trial Lawyers Association, the Touro Law School Academy of Law and the Suffolk County Bar Association. Mr. Kujawski is a member of the Nassau County, Suffolk County (past chair, Plaintiffs' Personal Injury Committee; past member, Board of Directors) and Massachusetts bar associations, the New York State Trial Lawyers Association, the Association of Trial Lawyers of America and the Suffolk Academy of Law. He earned his B.S. degree from Loyola University and his J.D. degree from Boston College Law School. PAUL L. MILLS is a civil rights plaintiff litigator in New York, specializing in plaintiff's civil rights. He has worked both as a sole practitioner and with leading area civil rights attorneys on police misconduct, First Amendment and alien rights cases. Mr. Mills was co-counsel of record with Robin Toma, Fred Okrand, Paul Hoffman, in Mochizuki v. Reno, resulting in $5 million settlement and presidential apology. He also has litigated state and federal cases resulting in judgments and sizable awards against various government entities, specializing principally in police excessive force, including deadly force. Mr. Mills has handled state and federal jury trials, state and federal appeals. Since November 2001, L.A. Police Watch has maintained a Los Angeles area telephone complaint hotline and online bulletin for plaintiffs' police misconduct civil rights attorneys, with news of appellate opinions; thousands of complaints from Los Angeles area victims of law enforcement misconduct; and other reported incidents of Los Angeles area police use of deadly force. He earned his B.A. degree from Columbia University School of General Studies and his J.D. degree from UCLA School of Law. GAIL L. RITZERT is a partner in the New York law firm of Havkins Rosenfeld Ritzert & Varriale, LLP, where she focuses her practice on insurance coverage and insurance defense matters, concentrating in both the coverage and defense of catastrophic injury cases arising from construction accidents, products and premises defects and the defense of municipalities. She is a frequent speaker on matters related to insurance defense and personal injury for National Business Institute, the Defense Research Institute, the Defense Association of New York and the New York State Bar Association. Ms. Ritzert is a member of the Suffolk County, Nassau County and Connecticut bar associations. She is also a member of The District of Columbia Bar, the Defense Association of New York (past president) and the Defense Research Institute (has served as the New York State representative). She earned her B.A. degree, cum laude, from Pfeiffer College, her M.Ed. degree from Frostburg State University and her J.D. degree from St. John's 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: 6.20
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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. 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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| Web: |
Order Now
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| Call: |
800.930.6182 |
| Fax: |
715.835.1405 |
| Mail: |
NBI
P.O. Box 3067
Eau Claire, WI 54702
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