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Fundamentals of Oregon Civil Trial Procedure

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Fundamentals of Oregon Civil Trial Procedure Fundamentals of Oregon Civil Trial Procedure Cosponsored by the Litigation Section Thursday, October 17, 2013—9 a.m.–4:45 p.m. Friday, October 18, 2013—9 a.m.–12:15 p.m. Oregon State Bar Center Tigard, Oregon 10 General CLE or Practical Skills credits FUNDAMENTALS OF OREGON CIVIL TRIAL PROCEDURE SECTION PLANNERS John R. Bachofner, Jordan Ramis PC, Vancouver, WA Kimberly D’Aquila, The Confederated Tribes of the Grand Ronde Community of Oregon, Grand Ronde Yael A. Livny, General Counsel Division, Oregon Department of Justice, Salem Simeon D. Rapoport, iBridge LLC, Beaverton Renée E. Rothauge, Markowitz Herbold Glade & Mehlhaf PC, Portland Melinda Thomas, Bryant Lovlien & Jarvis PC, Bend OREGON STATE BAR LITIGATION SECTION EXECUTIVE COMMITTEE Kimberly D’Aquila, Chair Melinda Thomas, Chair-Elect Timothy L. Williams, Past Chair John R. Bachofner, Treasurer Yael A. Livny, Secretary Peter L. Barnhisel Eric L. Dahlin Honorable Brian C. Dretke Pamela S. Hediger Lindsey H. Hughes Jeanne F. Loftis Steven T. Lovett Scott C. Lucas Simeon D. Rapoport Renée E. Rothauge Kim Sugawa-Fujinaga Kate Anne Wilkinson The materials and forms in this manual are published by the Oregon State Bar exclusively for the use of attorneys. Neither the Oregon State Bar nor the contributors make either express or implied warranties in regard to the use of the materials and/or forms. Each attorney must depend on his or her own knowledge of the law and expertise in the use or modification of these materials. Copyright © 2013 OREGON STATE BAR 16037 SW Upper Boones Ferry Road P.O. Box 231935 Tigard, OR 97281-1935 Fundamentals of Oregon Civil Trial Procedure ii TABLE OF CONTENTS 1. Art of Drafting Complaints and Answers . 1–i — J. Matthew Donohue, Markowitz Herbold Glade & Mehlhaf PC, Portland, Oregon — Matthew A. Levin, Markowitz Herbold Glade & Mehlhaf PC, Portland, Oregon 2. Strategic Discovery Practice in State Court—Presentation Slides . 2–i — Courtney W. Angeli, Buchanan Angeli Altschul Sullivan LLP, Portland, Oregon 3. Deposition Techniques and Skills . 3–i — David B. Markowitz, Markowitz Herbold Glade & Mehlhaf PC, Portland, Oregon — Chris Kitchel, Stoel Rives LLP, Portland, Oregon — Jan K. Kitchel, Schwabe Williamson & Wyatt PC, Portland, Oregon 4. Conducting Effective Motion Practice . 4–i — Laura Caldera Taylor, Bullivant Houser Bailey PC, Portland, Oregon 5. Preparing for Settlement . 5–i — Richard G. Spier, Richard G. Spier JD, Mediator, Portland, Oregon 6. Technology and Your Practice . 6–i — Renée E. Rothauge, Markowitz Herbold Glade & Mehlhaf PC, Portland, Oregon 7. Trying a Case on a Shoestring Budget . 7–i — Timothy Williams, Dwyer Williams Potter Personal Injury Attorneys LLP, Bend, Oregon 8. Anatomy of a Trial . 8–i — Dennis P. Rawlinson, Miller Nash LLP, Portland, Oregon — Judy Danelle Snyder, Law Offices of Judy Snyder, Portland, Oregon 9. Obtaining and Collecting a Judgment: Show Me the Money! . 9–i — John R. Bachofner, Jordan Ramis PC, Vancouver, Washington 10. Protecting Your Appeal—15 Ways Not to Screw Up Your Case on Appeal . 10–i — Timothy R. Volpert, Davis Wright Tremaine LLP, Portland, Oregon Fundamentals of Oregon Civil Trial Procedure iii Fundamentals of Oregon Civil Trial Procedure iv SCHEDULE Thursday, October 17, 2013 8:00 Registration 9:00 The Art of Drafting Complaints and Answers F Drafting effective pleadings to frame your client’s case, state claims, and preserve defenses F Learn where to file and why J. Matthew Donohue, Markowitz Herbold Glade & Mehlhaf PC, Portland Matthew A. Levin, Markowitz Herbold Glade & Mehlhaf PC, Portland 9:45 Mastering the Discovery Basics F Learn how to use discovery requests, subpoenas, and other general discovery provisions to obtain information for your case Courtney W. Angeli, Buchanan Angeli Altschul Sullivan LLP, Portland 10:30 Break 10:45 Tips for Taking and Defending a Deposition F A review of the rules F Deposition strategies F Preparing your client for a deposition Chris Kitchel, Stoel Rives LLP, Portland Jan K. Kitchel, Schwabe Williamson & Wyatt PC, Portland 11:30 Conducting Effective Motion Practice F Pleading motions F The basics about discovery motions F The basics about summary judgment motions in federal and state courts Laura Caldera Taylor, Bullivant Houser Bailey PC, Portland 12:15 Lunch 1:15 Best Practices for Courtroom Conduct F Communicating with opposing counsel F Strategies for effective communication in court F The impact of your approach to the practice of law and on your community reputation The Honorable Ancer L. Haggerty, U.S. District Court, District of Oregon, Portland The Honorable Nan G. Waller, Multnomah County Circuit Court, Portland Edwin A. Harnden, Barran Liebman LLP, Portland 2:15 Preparing for Settlement F How to prepare for negotiations F How to prepare your client for a successful mediation F The basics of negotiations F Settlement documentation: tips and traps Richard G. Spier, Richard G. Spier JD, Mediator, Portland 3:00 Break Fundamentals of Oregon Civil Trial Procedure v SCHEDULE (Continued) 3:15 Technology and Your Practice F Common technology tools and best practices for using them F What to know to succeed in any law firm environment F Technical changes that will impact your legal practice in the future Renée E. Rothauge, Markowitz Herbold Glade & Mehlhaf PC, Portland 4:00 Trying a Case on a Shoestring Budget F Strategies for staying within your client’s budget F Techniques at trial that are low cost but have high jury impact Timothy Williams, Dwyer Williams Potter Personal Injury Attorneys LLP, Bend 4:45 Adjourn Friday, October 18, 2013 8:30 Late Registration 9:00 Anatomy of a Trial F How to develop a trial theme F What to do with your client’s bad advice F The most powerful way to conduct an opening statement F The real purpose of closing argument F Why less is more . when it comes to trial Dennis P. Rawlinson, Miller Nash LLP, Portland Judy Danelle Snyder, Law Offices of Judy Snyder, Portland 10:30 Break 10:45 Obtaining and Collecting Your Client’s Judgment—Show Me the Money F Obtaining a proper judgment or confirming an arbitration award F How to use creditor rights to locate and collect assets to satisfy your client’s judgment John R. Bachofner, Jordan Ramis PC, Vancouver, WA 11:30 Protecting Your Appeal—10 Ways to Preserve Your Record for Appeal F An appeal’s success will depend on the record made at trial F Exceptions, objections, and offers of proof—the how and the why F Things to know to make a record for the appellate court Timothy R. Volpert, Davis Wright Tremaine LLP, Portland 12:15 Adjourn Fundamentals of Oregon Civil Trial Procedure vi FACULTY Courtney W. Angeli, Buchanan Angeli Altschul Sullivan LLP, Portland. Ms. Angeli has extensive experience litigating employment cases and providing employment law counseling and training to employers. She is a past president of the Federal Bar Association Oregon Chapter. She holds the Senior Professional in Human Resources (SPHR) certification from the Human Resources Certification Institute (HRCI). Ms. Angeli is a regular speaker and writer on employment law issues and has made numerous joint presentations with federal judges for the Federal Bar Association. Her opinions on employment law matters are regularly quoted in the press, and she was recently profiled on CNN’s Headline News Channel. Ms. Angeli is admitted to practice in Oregon, Washington, and Alaska (inactive). John R. Bachofner, Jordan Ramis PC, Vancouver, WA. Mr. Bachofner’s practice focuses on litigation and jury trials, as well as on insurance coverage, product liability, general business, bankruptcy, and creditors’ rights issues. Having taken or defended hundreds of depositions, he is frequently involved in binding arbitration of matters. Mr. Bachofner is a member of the Multnomah County Bar Association, the Clark County Bar Association, the Oregon Association of Defense Counsel Board of Directors, the Oregon State Bar House of Delegates, the Oregon State Bar Litigation Section Executive Committee, the Task Force on International Trade in Legal Services, and the Oregon Council on Court Procedures. Mr. Bachofner is a frequent lecturer at seminars and client- and bar-sponsored events with respect to creditor’s rights, insurance coverage, business, and litigation matters. He is admitted to practice in Washington and Oregon. J. Matthew Donohue, Markowitz Herbold Glade & Mehlhaf PC, Portland. Mr. Donohue handles a wide variety of cases in federal and state courts, including antitrust, contract and licensing disputes, partnership and shareholder disputes, class actions, real estate, and intellectual property litigation. He is a member of the Oregon State Bar Antitrust & Trade Regulation Section Executive Committee, the Oregon Trial Lawyers Association, the Federal Bar Association, and the U.S. Supreme Court Historical Society. He is admitted to practice in New York and Oregon. The Honorable Ancer L. Haggerty, U.S. District Court, District of Oregon, Portland. In 1993, Judge Haggerty was nominated by President William Clinton and subsequently confirmed by the United States Senate for the position of U.S. District Court Judge. On March 30, 1994, he resigned his elected state court position to be sworn in as the first African-American United States District Court Judge for the District of Oregon. From March 2002 through January 2009, Judge Haggerty served as the Chief District Court Judge for the District of Oregon. In August 2009, Judge Haggerty became a Senior U.S. District Court Judge. Edwin A. Harnden, Barran Liebman LLP, Portland. Mr. Harnden is the managing partner at Barran Liebman. He has maintained a litigation practice since 1972 and has specialized in the handling of employment dispute resolution, arbitration, and litigation since 1974. He is involved regionally and nationally in developing advanced leadership and management roles for law firms and lawyers. He is a Fellow of the American College of Trial Lawyers, is a Life Fellow of the American Bar Foundation, serves as president of the Multnomah Foundation, and was the 2001 Oregon State Bar President.
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