(2) Litigated matters. Litigated matters include contested actions as defined
in this Regulation but need not have been tried to conclusion before the trier of
fact. The Board will consider matters that were resolved prior to trial when the
applicant completely prepared the case for trial through motion practice,
discovery, client interview, and plea negotiations. Municipal court appeals also
may be considered as litigated matters. Any litigated matters listed may not be
the same case as listed as a contested action.
(3) Submission to trier of fact. A substantial number of the ten cases required
by this Regulation must have been tried to conclusion as to the applicant’s clients.
In addition, the Board may consider cases that were settled or resolved prior to
judgment or verdict, but only when the applicant completely prepared the case for
trial by motion practice and extensive discovery.
(f) Time limitations. The ten contested actions may be cases that have been handled
and concluded at any time between the date of the applicant's plenary admission
to the practice of law and the date of the application for certification.
(g) Required information. The applicant shall submit the following information on a
form adopted by the Board: