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| From Event: The Mechanics of Wisconsin Civil Procedure, held August 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 - CLE: 7.00 WI - Credit Approval Expiration 12/31/2012
* denotes specialty credits
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Agenda / Content Covered:
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THE STRUCTURE AND OVERVIEW OF THE COURT SYSTEM 9:00 - 9:45, Andrew P. Beilfuss - 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 9:45 - 10:30, Kelly L. Centofanti - 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 10:45 - 11:30, Andrew P. Beilfuss - 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 11:30 - 12:00, Andrew P. Beilfuss - 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, Kelly L. Centofanti - 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, Kelly L. Centofanti - 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, Michael A. Mesirow - 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, Michael A. Mesirow - The Etiquette of Communicating With Other Litigating Parties
- Protecting Client Confidentiality
- Determining and Collecting Attorneys' Fees/Costs
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ANDREW P. BEILFUSS is a member of Quarles & Brady LLP's litigation and corporate services practice groups. He focuses his practice primarily on complex commercial litigation, often in the franchise and product marketing and distribution context. He also frequently advises on contract drafting and regulatory matters in the areas of state and federal franchise laws, product distribution laws, the Uniform Commercial Code, terms and conditions of sale, and state relationship laws. In addition to franchise and distribution matters, Mr. Beilfuss also has litigated numerous matters involving shareholder disputes, financial regulation, unfair competition, intellectual property and trade secrets, and real estate disputes. His litigation practice has provided him a wealth of experience in handling complex commercial disputes in various state courts, federal courts, arbitrations, mediations and administrative hearings. Mr. Beilfuss has been involved in all aspects of litigation including pre-lawsuit negotiations, motion practice, trial preparation, trial and post-trial practice. Additionally, he has appellate experience in both state and federal appellate courts. Mr. Beilfuss is a frequent speaker at continuing legal education seminars including presentations on aspects of pre-trial practice, civil procedure, damages in business disputes, franchise and distribution litigation, and franchise and distribution law transactional topics. He earned his J.D. degree, cum laude, from Marquette University Law School and master's degree from the University of Wisconsin – Milwaukee's Graduate Business School. Prior to attending law school, Mr. Beilfuss worked as a business/financial consultant for one of the nation's leading business consulting firms. In 2010, the Wisconsin Law Journal selected him as 1 of 26 Up and Coming Lawyers in Wisconsin. KELLY L. CENTOFANTI is the managing partner of Centofanti Law, S.C. Her practice focuses on personal injury litigation on the plaintiff's side. Ms. Centofanti handles cases involving medical, legal and other professional negligence; malpractice; nursing home neglect and abuse; insurance bad faith; motor vehicle and boating accidents; and premises liability. She has lectured at numerous seminars, CLE programs, and classes at Marquette University and University of Wisconsin Law School. In addition, Ms. Centofanti has served on the faculty of six National College of Advocacy Trial Skills Colleges (essentials, Houston; medical malpractice, Safety Harbor; depositions, Atlanta; direct and cross-examination, Phoenix and Knoxville; advanced depositions, Denver). She has spoken at two American Trial Lawyers of America (ATLA) National Conventions, and was a speaker at the 2002 ATLA "Weekend of the Stars" in New York City. Ms. Centofanti addressed a national audience of trial lawyers on the topic of medical malpractice at a special ATLA symposium in Washington, D.C., in June 2004; and national audiences at two-day seminars on successfully handling nursing home cases, one in Las Vegas in September 2004 and the other in Albuquerque in September 2005. She also spoke on the importance of focus groups at a NJ-AAJ seminar in Atlantic City in April 2007. Ms. Centofanti edits a chapter in the State Bar of Wisconsin book, The Law of Damages in Wisconsin, and has appeared on the State Bar of Wisconsin's Law Talk cable show, both as a guest and host. She has served as chair of numerous state bar committees and has been involved in many other committees and boards. She has served as president of the Milwaukee Bar Association; secretary of the State Bar of Wisconsin; president of the Association for Women Lawyers; and chair of the Milwaukee Bar Association Litigation, Civil Bench/Bar and Judicial Selection committees. She was recently named one of the Top Twenty Women in the Law for 2005 by the Wisconsin Law Journal. Ms. Centofanti earned her undergraduate degree from Marquette University and graduated, magna cum laude, from Marquette University Law School. MICHAEL A. MESIROW is a shareholder in the Milwaukee office of Kasdorf, Lewis & Swietlik, where his practice focuses on civil litigation. Mr. Mesirow is a member of the State Bar of Wisconsin, the Milwaukee Bar Association, the Civil Trial Counsel of Wisconsin and the Defense Research Institute. He has presented at many seminars, discussing various aspects of the defense of personal injury claims. Mr. Mesirow earned his B.A. degree from the University of Wisconsin and his J.D. degree from Marquette University Law School.
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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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WI
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CLE:
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7.00
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Credit Approval Exp 12/31/2012
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Approved for up to 7.0 hours of repeated on-demand CLE credit by the Board of Bar Examiners. No more than 10.0 hours of repeated on-demand CLE credit may be earned during a reporting period. An attorney may not earn ethics and professional responsibility credit with repeated on-demand courses.
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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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