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. The Purpose, Procedure and Strategy of Discovery
5. Wrapping Up – Settlements, Judgments, Appeals and Enforcement
6. Non-Compliant Claims and Third-Party Practice
7. Motions, Notices and Hearings
8. Ethical Considerations
9. Practice Tips – Strategies for the New Attorney

THE STRUCTURE AND OVERVIEW OF THE COURT SYSTEM
9:00 - 9:30, Joshua R. Walker

• 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, Glen B. Rutherford

• 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 -10:45, Howard E. Jarvis

• 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

THE PURPOSE, PROCEDURE AND STRATEGY OF DISCOVERY
11:00 - 11:45, Howard E. Jarvis

• 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
11:45 - 12:25, Howard E. Jarvis

• 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

NON-COMPLAINT CLAIMS AND THIRD PARTY PRACTICE
1:25 - 2:10, Glen B. Rutherford

• Counterclaim/Crossclaims in Relation to Principal Claims
• How to Use Injunctions and Prejudgment Remedies
• Apportionment Considerations
• Implead/Cite-In/Joinder

MOTIONS, NOTICES AND HEARINGS
2:10 - 2:55, Joshua R. Walker

• 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?

ETHICAL CONSIDERATIONS
3:10 - 4:10, Glen B. Rutherford and Joshua R. Walker

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

PRACTICE TIPS – STRATEGIES FOR THE NEW ATTORNEY
4:10 - 4:30, Joshua R. Walker

HOWARD E. JARVIS is a member of Woolf, McClane, Bright, Allen & Carpenter, PLLC, where his primary areas of practice include toxic tort, environmental, product liability and insurance defense litigation. Mr. Jarvis is listed in The Best Lawyers in America in the area of product liability litigation. He has argued cases in the Tennessee Supreme Court and the Tennessee Court of Appeals, the Georgia Supreme Court and the 6th Circuit Court of Appeals. Mr. Jarvis is a member of the Knoxville, Tennessee and American (Litigation and Corporate Counsel sections) bar associations. He also is a member of the Defense Research Institute. Mr. Jarvis has served as the chairman of the Fee Dispute Committee of the Knoxville Bar Association and was awarded the President's Award in 1997 for his service to the Bar. Over the last several years, he has spoken at seminars on the topics of toxic torts, trial practice and ethics. Mr. Jarvis is co-author of the articles "Trace Benzene Cases in the Real World: Is a Trace Benzene Case Really a Benzene Case?", Litigation Watch: Benzene , June 2005; and "Mechanism or Causation? The New Battle Over Benzene Metabolites", Litigation Watch: Benzene, May 2006. He earned his B.A. degree from the University of Tennessee and his J.D. degree from the University of Tennessee College of Law.

GLEN B. RUTHERFORD is a partner in the Knoxville law firm of Slovis, Rutherford & Weinstein, where he practices in the areas of workers' compensation, personal injury, Social Security and negligence. He has been practicing law for 30 years and is a regular lecturer for National Business Institute on Social Security disability matters and civil procedure matters. Mr. Rutherford was recently recognized by City View magazine as one of Knoxville's top social security disability attorneys. He is a member of the Knoxville, Tennessee and American bar associations. He earned his A.A. degree from Hiwassee Junior College and his B.S. and J.D. degrees from The University of Tennessee.

JOSHUA R. WALKER is an attorney at Paine, Tarwater and Bickers, LLP, where he practices in the areas of products liability, medical malpractice, personal injury, toxic torts, commercial disputes, and general civil litigation. Mr. Walker earned his B.M. degree, summa cum laude, from the University of Tennessee and his J.D. degree, summa cum laude, from the University of Tennessee College of Law. He is a member of the Knoxville Bar Association (Judicial and CLE Committees), the Tennessee Bar Association, and the Tennessee Association for Justice.

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