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The Judges Speak: Civil Court Litigation Do's and Don'ts

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Copyright Date: December, 2018
Product ID#: 80144SADM
Online Access: Expires 6 months from date of purchase

Credit Information

Basic to Intermediate

Judicial Forum

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Program Description

Knowing what your judge expects is the best way for attorneys to practice. That's why we've gathered the wisdom of the local civil court judges to help you learn up front what the rules and expectations in their courtrooms are. Get answers to questions you may not have thought to ask and learn what other attorneys may struggle with. Up your litigation game - order today!

Course Content

Morning Session

Navigating the Local Civil Court Procedure: Concrete Rules and Unwritten Etiquette
Initial Pleadings: Laying out the Legal and Factual Issues of the Case
Answers to Common Questions Asked in Case Conferences
Case Scheduling: Fast-Tracking Options and Handling Conflicts and Delays
Summary Judgment Motions and Hearings
Cooperation Between Counsel
Judges' View of Discovery
Pre-Trial Briefs that Promote Settlement
Unacceptable Pre-Trial Litigation Tactics

Afternoon Session

Seeking the Judge's Guidance Outside of Scheduled Conferences
Jury Selection and Juror Requests: What is Appropriate?
Types of Evidence Judges Value Most/Least
Witness Selection and Testimony: What Works and What's a Waste of Time for Everyone
Legal Ethics
Trial Presentation Do's and Don'ts
How to Confuse the Jury: Top Mistakes Judges Have Seen
Effective Ways of Handling Facts in Controversy at Trial

Agenda / Content Covered

Morning Session: 9:00 - 12:00
Panelists: Hon. Jeannette H. Castagnetti, Hon. Jeffrey P. Crabtree, Hon. Rhonda I.L. Loo, Hon. Dean E. Ochiai and Hon. Kathleen N.A. Watanabe
Moderator: Thomas E. Cook

Navigating the Local Civil Court Procedure: Concrete Rules and Unwritten Etiquette
Initial Pleadings: Laying out the Legal and Factual Issues of the Case
Answers to Common Questions Asked in Case Conferences
Case Scheduling: Fast-Tracking Options and Handling Conflicts and Delays
Summary Judgment Motions and Hearings
Cooperation Between Counsel
Judges' View of Discovery
1. Common Discovery Dispute Issues
2. When You Should and Should Not Make Objections
3. What is Appropriate for a Privilege Log
4. When to Use a Motion to Compel
5. How to Avoid Messing Up the Timing
6. When are Sanctions a Possibility?
Pre-Trial Briefs that Promote Settlement
Unacceptable Pre-Trial Litigation Tactics

Afternoon Session: 1:00 - 4:30
Panelists: Hon. Jeannette H. Castagnetti, Hon. Jeffrey P. Crabtree, Hon. Rhonda I.L. Loo, Hon. Dean E. Ochiai and Hon. Kathleen N.A. Watanabe
Moderator: Thomas E. Cook

Seeking the Judge's Guidance Outside of Scheduled Conferences
1. When is it Appropriate to Contact the Judge or the Clerk?
2. What Questions are Acceptable?
3. Is it Ok to Contact the Judge During a Deposition?
Jury Selection and Juror Requests: What is Appropriate?
Types of Evidence Judges Value Most/Least
Witness Selection and Testimony: What Works and What's a Waste of Time for Everyone
Legal Ethics (2:45 - 3:45)
1. The Meaning of "Justice" and the Role of the Judges and Attorneys in Upholding it
2. Candor Toward Tribunal
3. The Duty of Zealous Representation in the Courtroom Setting
4. How Judges and Lawyers can Work Together to Improve the Justice System
Trial Presentation Do's and Don'ts
How to Confuse the Jury: Top Mistakes Judges Have Seen
Effective Ways of Handling Facts in Controversy at Trial

Accreditation Details:

Credit Information

HON. JEANNETTE H. CASTAGNETTI is the Chief Civil Administrative Judge in the O`AHU-First Circuit Court.

HON. JEFFREY P. CRABTREE is a Circuit Court Judge in the O`AHU-First Circuit Court.

HON. RHONDA I.L. LOO is a Circuit Court Judge in the MAUI-Second Circuit Court.

HON. DEAN E. OCHIAI is a Circuit Court Judge in the O`AHU-First Circuit Court.

HON. KATHLEEN N.A. WATANABE is a Circuit Court Judge in the KAUA`I-Fifth Circuit.

MODERATOR - THOMAS E. COOK is a partner with Lyons, Brandt, Cook & Hiramatsu. His practice is limited to civil litigation with a particular focus on personal injury, insurance litigation, and the defense of claims against health care professionals, attorneys, corporate officers and directors, and product manufacturers. Mr. Cook's practice includes the representation of physicians in administrative disciplinary matters. He has tried numerous cases to verdict in state and federal court in Hawaii, including medical and legal malpractice cases, insurance bad-faith cases, personal injury cases, and commercial and real estate disputes. Mr. Cook is included in Best Lawyers in America, Super Lawyers, and Honolulu Magazine's Best Lawyers in Hawaii in the categories of medical malpractice and personal injury. In the 22nd Edition (2016) of The Best Lawyers in America, Mr. Cook was named Lawyer of the Year for Honolulu in the category of personal injury litigation-defendants. He is a member of both the American College of Trial Lawyers and the American Board of Trial Advocates. Mr. Cook is invited to speak frequently on trial practice and related issues and lectures annually to third-year students at the John A. Burns School of Medicine on medical malpractice law. He served two terms on the Disciplinary Board of the Hawaii Supreme Court, and maintains his interest in the professional conduct of attorneys by serving on the Committee on Legal Ethics and Professionalism of the American College of Trial Lawyers. Mr. Cook is a member of the Hawaii State and American bar associations and a member of the ABA’s Committee on Professional Liability. He earned his A.B. degree from the University of California at Berkeley and his J.D. degree, cum laude, from Santa Clara University School of Law.