Course Info
Civil Procedure covers the process of moving a case through the federal court system, from the filing of a complaint through appeal. Key topics include the role of civil litigation, remedies, pleadings, adding parties, discovery, and disposing of cases without trial, with a focus on summary judgment. Attendance and class participation impact the grade, along with a final exam and participation in a litigation project
What will you learn?
- Draft pleadings, discovery requests, and summary judgment documents.
- Awareness of professional and ethical obligations in litigation
- Improve litigation drafting skills and skills in working within groups.
- Interpret and apply to problems most of the Federal Rules of Civil Procedure
In Civil Procedure I, we study the process of moving a case through the federal court system, from the filing of a complaint through appeal . In particular, we will study:
- The role of civil litigation as one of many options for resolving a dispute;
- Remedies -- the purpose of civil litigation;
- Pleadings, including drafting of pleadings, amending pleadings, and ensuring truthful allegations in pleadings; Adding parties;
- Discovery, including the scope of discovery, limitations on discovery, discovery tools, and discovery sanctions; and
- Disposing of cases without trial, focusing primarily on summary judgment.
- Students will be able to draft pleadings, discovery requests, and summary judgment documents.
- Students will become aware of their professional and ethical obligations in litigation generally and in discovery matters, as provided in Fed. R. Civ. P. 11 and in the federal discovery rules.
- Students, as part of mock litigation, will undertake collaborative and reflective discussions to improve their litigation drafting skills and their skills in working within groups.
- Students will be able to interpret and apply to problems most of the Federal Rules of Civil Procedure regarding the following phases of litigation: (a) pleadings; (b) discovery; (c) pretrial; and (d) trial.
Every student’s name goes on a card. At the beginning of each class, I will draw several cards randomly from the deck. These persons will be “on” for the day. At the end of class, I will replace those cards in the deck, so if you are drawn in one class, you may also be drawn in the next. Toward the end of the semester, I will occasionally remove the cards of students who have been called on several times, to ensure everyone will have an opportunity to participate.
Although I expect attendance, I do not always take it. However, if I draw your card and you are absent at the time I draw or you are obviously unprepared, your final grade in the class will automatically drop a full step (e.g., from a B to a C) from what it otherwise would have been.
There are only three exceptions to this rule. The first is if you have notified me by email before class that you will be absent or are unprepared. However, on every fifth such notice that I receive from you during the semester, your grade will drop one-third step (e.g., from a B to a B-). The second exception is if you (not your mother, grandfather, dog) are physically or mentally incapacitated and therefore unable to give notice. The third is if you have a unique need for accommodation, such as a disability, and you have worked out a prior arrangement with me.
The foregoing notwithstanding, I prefer to spend the bulk of class time in a relatively informal discussion of the problems presented by the reading material. I therefore encourage you to volunteer whenever you have something to contribute. Volunteering will not be painful.
You are responsible for everything discussed or distributed in class. If you miss a class, it is your responsibility to get notes, handouts, assignments, etc. from a trusted fellow student. Please do not ask me for these materials.
ONU is dedicated to providing an equitable educational experience for all enrolled students. Universal course policies applicable to all courses can be found at the following link: https://my.onu.edu/registrars_office/policies. This website includes:
- Academic Dishonest Policy
- Academic Accommodations Policy
- Health and Safety Policy
- Title IX Policy
- Diversity, Equity, and Inclusion Statement
Your grade will be determined 80% by your performance on a final exam, which will consist primarily of essay and short-answer problems. The remaining 20% of your grade will consist of class performance and your participation in the litigation project.