1
Alternative
Dispute
Resolution (ADR)
2
Pretrial Motions
Chapter 17 3
Adjudication
Without Trial
ADR, Pre-Trial, Readiness, and 4
Calendaring Notice of
Readiness for
Trial
5
Pretrial Orders
and Calendaring
6
Effective
Calendaring
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1
ADR Introduction
Section 1
2
Arbitration
Alternative Dispute Resolution 3
(ADR) Other Types of
ADR
4
Referral for ADR
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1| Alternative Dispute Resolution (ADR):
ADR Introduction
Brief history and
ever-changing nature
of ADR
Comparing ADR and
full trial procedures
ADR can occur
anywhere
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1| Alternative Dispute Resolution (ADR):
Arbitration
Binding Arbitration
Rationale
Entering an award
Non-binding
arbitration
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1| Alternative Dispute Resolution (ADR):
Other Types of ADR
Mediation
Negotiation
Early neutral
evaluation
Summary trials
Minitrials
Case Evaluation
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1| Alternative Dispute Resolution (ADR):
Referral for ADR
Characteristics of
cases referable by
court
Referral order
Timing
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Section 2 1
Overview
2
Pretrial Motions Types of Motions
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2| Pretrial Motions:
Overview
Considerations when
filing pretrial motions
Sanctions for
frivolous pleadings
and failure to
prosecute
Federal
State
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2| Pretrial Motions:
Types of Motions
Summary Judgment (full and partial)
Motion to Dismiss
Motion to Strike
Motions in Limine
Motion to Change Venue
Motion to Prevent Witness Testimony
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1
Dismissal
Section 3 2
Focus on
Summary
Judgment
Adjudication without Trial
3
Provisional
Relief
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3| Adjudication without Trial:
Dismissal
Dismissal can be of a
single claim or an
entire case
Involuntary dismissal
Voluntary dismissal
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3| Adjudication without Trial:
Focus on Summary Judgment
Case is “under the
mallet”
Two main steps
Step 1: can movant show
evidence to show that they
would prevail on non-
movant’s claim or defense?
Step 2: can non-movant
show enough evidence to
persuade reasonable jury in
their favor?
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3| Adjudication without Trial:
Provisional Relief
Factors for Provisional
relief
Temporary Restraining
order (TRO)
Preliminary injunction
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1
Section 4 Timing and
Contents
2
Notice of Readiness for Trial Right to a
Speedy Trial
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4| Notice of Readiness for Trial:
Timing and Contents
Timing
Content
State
Federal
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4| Notice of Readiness for Trial:
Right to a Speedy Trial
Right to speedy trial
in criminal cases
(FL)
Conflict with notice
of readiness by
criminal defense
attorney
Right to speedy trial
prevails
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1
Differences
between Pretrial
and Final Orders
Section 5
2
Pretrial
Memorandum
Pretrial Orders and
3
Calendaring Pretrial
Conference
4
Pretrial Order
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5| Pretrial Orders and Calendaring:
Differences between Pretrial and Final
Orders
Logistics vs. on the merits
Plan for proceedings vs. how successful
they have been
More advantageous for paralegal’s role
vs. little advantage or effect for
paralegal
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5| Pretrial Orders and Calendaring:
Pretrial Memorandum
Timing (7 days
before trial)
Application
Civil case
Criminal case
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5| Pretrial Orders and Calendaring:
Pretrial Conference
Structure of a pretrial
conference
What parties usually
provide
Rulings made at the
conference
Scheduling order
Sanctions for failure
to comply
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5| Pretrial Orders and Calendaring:
Pretrial Order
F.R.C.P. 16
State level
(Florida Civil
Procedure Rule
1.200)
Failure to comply
with pretrial
orders
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1
Importance of
Careful
Calendaring
2
Main Calendaring
Duties
Section 6 3
Calendaring
Software
Effective Calendaring
4
Traditional and
Rules-Based
Software
5
Billing and
Matter
Management
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6| Effective Calendaring:
Importance of Careful Calendaring
Malpractice
ramifications
Mixing up dates
and clients
Double-check
your work
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6| Effective Calendaring:
Main Calendaring Duties
Collaboration with the
attorney
Tracking deadlines
Coordination with other
legal staff
Keeping track of
procedural violations
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6| Effective Calendaring:
Calendaring Software
Conventional
software (Outlook,
Google Calendar)
Weakness in current
calendaring practices
Date calculation
services
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6| Effective Calendaring:
Traditional and Rules-Based Calendaring
Brief overview of
rules-based
calendaring
Benefits and
drawbacks compared
to traditional systems
Cost-benefit analysis
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6| Effective Calendaring:
Billing and Matter Management
“Lodestar” and
modern use in
judgments
Effectiveness of
e-billing
What to consider
when picking a
service
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Key Takeaways:
• ADR has
become a
pervasive and
important
aspect of case
resolution
• Pretrial
motions can
dispose of
ADR, Pre-Trial, Readiness, and individual
issues or
Calendaring entire cases
without trial
• Provisional
relief is
Conclusion available
when property
is in danger
• Careful
calendaring is
one of the
most
important
aspects of a
paralegal’s
position
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