WELCOME & INTRODUCTION (5 MINUTES)
The Big Picture – A 50,000 Foot View of a Civil Case in Minnesota State Court (45 MINUTES)
- An overview of what rules apply to Minnesota state court cases
- How a typical case proceeds from start to finish
- How to stay focused on the big picture throughout the case
- How to level the playing field when the opposing counsel is more experienced than you are
– Aimée D. Dayhoff, Course Chair
Pleadings – How to Manage the Rules, Keep Track of the Timelines and Tell Your Client’s Story (60 MINUTES)
- What the rules require regarding content, form, signing, service and filing, and timing of pleadings
- Tips for using a complaint or an answer as an effective tool to tell the court your client’s story
PLUS – THE “WAKE ME UP AT NIGHT” QUESTIONS:
- I don’t currently have evidence to back up all my client’s claims, but I think discovery will later provide that evidence. Is that good enough to meet Rule 11’s requirement?
- How much detail do I need to include in the complaint to survive a motion to dismiss?
- When should I bring a motion to dismiss rather than file an answer?
- How do I avoid waiving affirmative defenses when I draft the answer?
- How do I figure out what statute of limitations applies to my client’s claim?
– Aram V. Desteian & Kiralyn J. Locke
Written Discovery – How to Make Informed, Strategic Discovery Requests and Responses (60 MINUTES)
- How to draft effective requests that are targeted to your discovery plan and that comply with timing, form, and scope requirements
- How to respond to discovery requests, including permissible objections
- When to seek a protective order
- What happens when there’s a discovery dispute
PLUS – THE “WAKE ME UP AT NIGHT” QUESTIONS:
- It doesn’t seem like my client is being very thorough in getting me what I need to respond to these discovery requests. Am I on the hook if the client doesn’t give me something responsive to the requests?
- How do I deal with an arguably privileged document that is responsive to a request?
- The discovery cutoff is next week. I can still serve some document requests, right?
- Discovery is closed and my client has just brought me a document that is responsive and has not yet been produced. What do I do? When should discovery responses be supplemented?
- There could be responsive items in e-formats such as Zoom Meeting recordings, Teams chats, Slack, and other newer data sources. How do I request or produce those?
– Kelly P. Magnus & Courtney E. Ward-Reichard
Depositions – How to Make the Most of Depositions (60 MINUTES)
- Tips and strategies in preparing for and conducting fact and expert depositions
- Tips for preparing your clients and third-party witnesses
- Tips for dealing with hostile witnesses and/or opposing counsel
- Tips for handling privilege issues
- Proper and improper objections
PLUS – THE “WAKE ME UP AT NIGHT” QUESTIONS:
- What am I allowed to talk about with a person I’m preparing for deposition?
- How do I prepare an expert to have her deposition taken and how do I prepare for an expert deposition?
- An important third-party witness lives out of state. The witness assures me that they are willing to come testify at trial. Should I take their deposition anyway?
- Can I stop a deposition that I’m defending?
- I believe that my client has lied/made a mistake in their deposition. What should I do?
– Janel M. Dressen & Dan Hall
Motions – Key Rules, Strategy, and Practical Considerations (75 MINUTES)
- Procedural requirements
- Strategic and practical considerations
- Oral argument technique
PLUS – THE “WAKE ME UP AT NIGHT” QUESTIONS:
- Are there certain types of motions that I must make to preserve appeal rights?
- How do I get evidence in the record that needs to be considered for this motion?
- Is it safe to assume that the judge has read the motion papers?
- Can I/should I use visual aids at a motion argument?
- My dispositive motion was denied, and I believe that the judge made a mistake. Can I ask the judge to reconsider? Can I appeal?
– Isabella Salomão Nascimento & Leita Walker
Mediation – Framework, Setting Expectations and Potential Resolution (60 MINUTES)
- What to expect and what to tell your client to expect
- How mediators are selected
- Who is responsible for paying the mediator
- What information should you share with the mediator
- What happens if the dispute is resolved at mediation
PLUS – THE “WAKE ME UP AT NIGHT” QUESTIONS:
- How do I find a mediator?
- What should I talk about in my mediation statement?
- What if the mediator asks me a fact question that I don’t know the answer to or don’t want to reveal?
- The mediator has asked for our “bottom line.” Can I tell them? Should I?
- Do we have to leave with a signed agreement?
– Nathaniel J. Ajouri & Keiko L. Sugisaka
