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State vs. Federal Rules of Procedure and Evidence  

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This basic level seminar will provide comparative analysis of state and federal court procedure and will benefit: Attorneys, In-House Counsel, Paralegals

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Seminar Summary:

Let our team of experienced litigators guide you in a comparative analysis of state and federal civil procedure and offer practical tips for applying the rules to ensure your cases' smooth travel through the court corridors. (see full course description)

 

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Training Course Syllabus:


Your Guide to Navigating State and Federal Court Systems

Going to federal court can be stressful and intimidating. Don't let simple procedural differences jeopardize your case! Let our team of experienced litigators guide you in a comparative analysis of state and federal civil procedure and offer practical tips for applying the rules to ensure your cases' smooth travel through the court corridors. Register today!

  • Weigh all the pros and cons of removing a case to federal court.
  • Review federal electronic filing procedure and ensure all the crucial documents are submitted in order to give your case the best chance of success.
  • Let seasoned attorneys walk you through the life of a claim and point out pitfalls along the way.
  • Explore the ADR practices in both state and federal courts and find out what trial alternatives may work better in particular cases.
  • Understand how moving for a preliminary injunction shifts the dynamics of the case and use it to your advantage.
  • Learn to determine when a summary judgment motion is a viable option.
  • Analyze the mandatory disclosures rule and learn how to ensure compliance.
  • Gain valuable case management tips from experienced state and federal court litigators.
  • Ensure admissibility with statutory and case law updates on state and federal rules of evidence.


Does Federal or State Law Apply?
9:00 - 10:00, Barry M. Klayman

  • Substance vs. Procedure: The Three-Test Process
    • Specific Federal Procedural Statute or Rule that is “Sufficiently Broad to Cover the Situation”
    • “Outcome-Determinative” Test
    • Overriding Federal Interest in the Particular Matter
  • Determining State Substantive Law
  • Key Considerations in Removing a Case to Federal Court  

The Role of Alternative Dispute Resolution in State vs. Federal Court
10:00 - 10:45, Rick S. Miller

  • Non-Binding Arbitration
  • Mediation
  • Binding Arbitration
    • Statutory vs. Common Law
    • Enforcing Arbitration Agreements
    • Confirming or Vacating Awards

  State Court Procedure Review
11:00 - 12:00, Rick S. Miller

  • Scope of Rules
  • Commencing an Action
  • Sample Pleadings and Motions
  • Case Management
  • Dismissal Procedures
  • Offers of Judgment
  • Pre-Trial Conferences
  • Trial

  Federal Court Rules: The Life of a Case as it Moves Through the System
1:00 - 2:00, Peter L. Frattarelli

  • Attorney Admittance to Practice Before Federal Court
  • Electronic Filing and Service of Documents Step-by Step
  • Sample Pleadings
  • Motions
  • Case Management
  • Dismissal Procedures
  • Offers of Judgment
  • Proceeding Before a U.S. Magistrate
  • Pre-Trial Conferences
  • Trial

  Discovery and Evidentiary Rules in State vs. Federal Court
2:00 - 3:15, Peter L. Frattarelli

  • Written Discovery
  • Requests for Admissions
  • Rule 26 Mandatory Disclosures
  • Rule 502(d) and its Effect of Attorney-Client Privilege, Work Product and Limitations on Waiver
  • Depositions
  • Expert Testimony
  • Admissibility and Presentation of Evidence at Trial

  Ethical Considerations
3:30 - 4:30, Barry M. Klayman

  • Rules of Professional Conduct as They Apply to You
  • Preventing Conflicts of Interest
  • Setting and Pursuing Attorneys' Fees
  • Case Management Issues That Can Lead to Legal Malpractice
  • Protecting Client Confidentiality

Seminar Summary:

Let our team of experienced litigators guide you in a comparative analysis of state and federal civil procedure and offer practical tips for applying the rules to ensure your cases' smooth travel through the court corridors. (see full course description)

print this agenda print agenda for the State vs. Federal Rules of Procedure and Evidence training seminar

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