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| From Event: The Mechanics of Pennsylvania Civil Procedure, held April 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, Anthony J. Williott - 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 - 10:15, Anthony J. Williott - 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 10:30 - 11:15, Daniel J. Sinclair - 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 11:15 - 11:45, Jeffrey J. Ludwikowski - 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 12:45 - 1:30, Anthony J. Williott - 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 1:30 - 2:00, Daniel J. Sinclair - 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 2:15 - 3:00, Daniel J. Sinclair - 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 3:00 - 4:00, Jeffrey J. Ludwikowski - The Etiquette of Communicating With Other Litigating Parties
- Protecting Client Confidentiality
- Determining and Collecting Attorneys' Fees/Costs
PRACTICE TIPS – STRATEGIES FOR THE NEW ATTORNEY 4:00 - 4:30, Written by Jeffrey J. Ludwikowski. Presented by Jeffrey J. Ludwikowski, Daniel J. Sinclair and Anthony J. Williott.
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JEFFREY J. LUDWIKOWSKI is a partner in the Pittsburgh office of Picadio Sneath Miller & Norton, P.C. where he concentrates his practice in complex commercial litigation, particularly insurance coverage, sales (UCC Art. 2), bankruptcy, 1983 Civil Rights RICO and construction law. He also has extensive experience in product liability defense litigation. Mr. Ludwikowski received his B.A. degree from the University of Southern California and his J.D. degree from Southwestern University School of Law, where he served as managing editor of the Law Review. He is admitted to practice in California and Pennsylvania, the Federal District courts of those states, the United States Court of Appeals for the 3rd Circuit and the United States Supreme Court. Mr. Ludwikowski is a frequent lecturer to bar associations and other professional groups on topics relating to his areas of practice. He is a member of the Federal, Pennsylvania and Allegheny County (member, Rules Committee) bar associations. DANIEL J. SINCLAIR is a member of Eckert Seamans Cherin & Mellott, LLC. Mr. Sinclair focuses his practice primarily in the defense of toxic tort and product liability lawsuits. He has extensive courtroom experience, successfully trying cases to verdict. He serves as a national trial counsel for automakers and handles all phases of asbestos litigation in cases filed in western Pennsylvania. Mr. Sinclair handles litigation alleging injuries due to pharmaceutical products and exposures and other substances and he represents clients in cases involving personal injuries resulting from defective products or negligent conduct. He is admitted to practice in Pennsylvania. He is a member of the Allegheny County and Pennsylvania bar associations and the Defense Research Institute. He presented at the Harris Martin Pennsylvania Asbestos Litigation Conference in 2009; titled "The Workers' Compensation Bar in Asbestos Litigation". Mr. Sinclair received his B.A. degree from the University of Pittsburgh and his J.D. degree from the University of Pittsburgh School of Law.
ANTHONY J. WILLIOTT is a shareholder with the law firm of Marshall Dennehey Warner Coleman & Goggin. He practices in the area of civil litigation, with particular emphasis in medical malpractice defense and insurance defense. Mr. Williott also handles product liability, breach of warranty and lemon law matters for manufacturers. He has lectured on and written about insurance bad faith, the Pennsylvania Automobile Lemon Law and medical malpractice defense. He received his B.S. degree from Pennsylvania State University and his J.D. degree from Duquesne University where he was selected to the Order of Barristers for excellence in trial advocacy following his team's victory in the Gourley Cup Moot Court Competition. Mr. Williott is a member of the Pennsylvania Defense Institute and a fellow in the Academy of Trial Lawyers of Alleghany County.
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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 04/21/2013
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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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PA
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CLE:
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6.00
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Credit Approval Exp 04/21/2013
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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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