8:30 – 9:00 a.m.
CHECK-IN & CONTINENTAL BREAKFAST

9:00 – 9:05 a.m.
WELCOME & INTRODUCTION

9:05 – 9:15 a.m.
What Rules Apply in a Civil Case in Minnesota State Court and How to Level the Playing Field When Opposing Counsel Is More Experienced Than You Are
– Courtney E. Ward-Reichard

9:15 – 9:50 a.m.
7 Considerations Before Starting Your Case – What You Need to Be Thinking About from the Start
– Judge Charles F. Webber

9:50 – 10:50 a.m.
Pleadings – How to Manage the Rules, Keep Track of the Timelines and Tell Your Client’s Story

• 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:

1. 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?
2. How much detail do I need to include in the complaint to survive a motion to dismiss?
3. When should I bring a motion to dismiss rather than file an answer?
4. How do I avoid waiving affirmative defenses when I draft the answer?
5. How do I figure out what statute of limitations applies to my client’s claim?

– Aram V. Desteian & Kiralyn J. Locke

10:50 – 11:05 a.m.
BREAK

11:05 a.m. – 12:05 p.m.
Written Discovery – How to Make Informed, Strategic Discovery Requests and Responses 

• 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:

1. 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?
2. How do I deal with an arguably privileged document that is responsive to a request?
3. The discovery cutoff is next week. I can still serve some document requests, right?
4. 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?
5. 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

12:05 – 1:00 p.m.
LUNCH BREAK (on your own)

1:00 – 2:00 p.m.
Depositions – How to Make the Most of Depositions

• 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:

1. What am I allowed to talk about with a person I’m preparing for deposition?
2. How do I prepare an expert to have her deposition taken and how do I prepare for an expert deposition?
3. 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?
4. Can I stop a deposition that I’m defending?
5. I believe that my client has lied/made a mistake in their deposition. What should I do?

– Janel M. Dressen & Dan Hall

2:00 – 2:05 p.m.
BREAK

2:05 – 3:20 p.m.
Motions – Key Rules, Strategy, and Practical Considerations

• Procedural requirements
• Strategic and practical considerations
• Oral argument technique

PLUS – THE “WAKE ME UP AT NIGHT” QUESTIONS:

1. Are there certain types of motions that I must make to preserve appeal rights?
2. How do I get evidence in the record that needs to be considered for this motion?
3. Is it safe to assume that the judge has read the motion papers?
4. Can I/should I use visual aids at a motion argument?
5. 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

3:20 – 3:30 p.m.
BREAK

3:30 – 4:30 p.m.
Mediation – Framework, Setting Expectations and Potential Resolution

• 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:

1. How do I find a mediator?
2. What should I talk about in my mediation statement? 
3. What if the mediator asks me a fact question that I don’t know the answer to or don’t want to reveal?
4. The mediator has asked for our “bottom line.” Can I tell them? Should I?
5. Do we have to leave with a signed agreement?

– Nathaniel J. Ajouri & Keiko L. Sugisaka

LIVE IN-PERSON
Monday, August 21, 2023
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota

ONLINE REPLAYS
Monday, September 11, 2023
Thursday, October 5, 2023
Attend online
A moderator will be available to answer questions by email.

$295 MSBA members / $295 paralegals / $345 standard rate

Other discounts that may apply:

• Season Pass Discount
• New Lawyer Discount

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

Minnesota CLE is applying to the Minnesota State Board of CLE for 6.0 standard CLE credits. The maximum number of total credits attendees may claim for this program is 6.0 credits.

Minnesota CLE also has applied to the Minnesota State Bar Association for 6.0 civil trial specialist credits.