Note: Fall 2014 assignments available here.

WEEK 1 – JAN. 12 & 14

MONDAY, JAN. 12: Defendant’s options (default, pre-answer motion, answer)

  • Administrative assignment:
  • Reading assignment:
    • CB pp. 469-97
    • FRCP 12
    • FRCP 55
    • Skim FRCP 8

WEDNESDAY, JAN. 15: Defendant’s options (answer)

  • We will continue our discussion of the Answer Drafting exercise from last Wednesday. Be sure to draft an answer to the second hypo and bring it to class.
  • CB pp. 497-518
  • FRCP 8

WEEK 2 – JAN. 19 & 21

 MONDAY, JAN. 19: MLK Holiday

  • Martin Luther King Day, no classes.

 WEDNESDAY, JAN. 21: Care & Candor in Pleading, Sanctions

WEEK 3 – JAN. 26 & 28

MONDAY, JAN. 26: Amendments & Relation-Back

  • Reminder: we will first conclude our study of Rule 11. Be sure to bring the quiz on Rule 11 we did in the previous class.
  • New materials: as noted previously, be certain to prepare the entire assignment.
    • FRCP 15
    • CB pp. 553-57, 574-97
    • Prepare answers to the four relation-back scenarios found here. What are the correct answers? Draw timelines for each and be prepared to discuss.
    • Nathenson disagrees with note 2.C on page 591. Why? Hint: pay close attention to the timing of events. Is the casebook’s statement of law consistent with the language of FRCP 15(c)(1)(C)?


  • In class: we will go over the Fall 2014 essays as a group.
  • Treat as normal class rules (no laptops).
  • We might run a little bit late so that we finish, but if you truly have to leave at 3:15 PM, no problem. Please just leave quietly.
  • For images of the stars of our Fall 2014 essays, click here. (Further photos from my Flickr collection are available here.)
  • Your assignment:
    • Reread the essay fact pattern. It can be found here.
    • If you have not done so already, go see Mariela or Karla or Marc to see your Fall exam. What did you do well? What can you improve? How? Develop a plan.
    • Come to class ready to explain what you might do to improve. I expect specifics and not platitudes such as “study smarter,” “organize better,” or “use time more effectively.” This session can be extremely valuable to you but only if you put in the time to prepare and reflect on how you can improve your examination skills.

WEEK 4 – FEB. 2 & 4

MONDAY, FEB. 2: Amendments & Relation-Back

  • Re-review the assignment from Jan. 26 on Rule 15. Re-review and deepen your understanding. Be ready to discuss the assigned materials.
  • As previously assigned, be prepared to analyze the four (4) relation-back scenarios found here.
  • As previously assigned, be prepared to discuss why Nathenson disagrees with Glannon’s answer to problem 2.C on page 591
  • Additions:
    • Be sure that you have read Rule 15 extremely carefully and mark it up carefully. For guidance on how to read and mark up a rule, see handout on How to Read a Rule. I might walk around the room to look at your statute books. Everyone should have their own book with their own markups.
    • If your Spring exam had a relation-back essay question similar to the Krupski case (where a party was changed or added), how would you articulate the law of relation-back? How would you organize your essay? Come to class with 1) your rule statement and 2) your outline of how you would organize the issues.

WEDNESDAY, JAN. 28: Introduction to joinder of claims and parties; counterclaims

  • FRCP 13, 18, 20, 21, 42
  • CB 601-26

WEEK 5 – FEB. 9 & 11

MONDAY, FEB. 9: Joinder continued (counterclaims, crossclaims, third-party practice)

  • Continue discussion of last Wednesday’s materials.
  • New: prepare to discuss hypo regarding What Should Atticus Do?
  • FRCP 13, 14
  • CB 626-40

WEDNESDAY, FEB. 11: Advanced Joinder: Required joinder, class actions, more

WEEK 6 – FEB. 16 & 18

MONDAY, FEB. 16: Presidents Day

  • No class

TUESDAY, FEB. 17: Supplemental jurisdiction

WEDNESDAY, FEB. 18: Supplemental jurisdiction

  • Continue Monday’s assignment



WEEK 7 – MAR. 2 & 4

MONDAY, MAR. 2: Supplemental jurisdiction

  • Continue last week’s assignment.
  • Be prepared to discuss your answers and analysis; I will be calling on you.
  • If time remains, we will wrap up the remaining joinder materials (Rule 23)

WEDNESDAY, MAR. 4: Introduction to discovery

  • FRCP 26(b). Read it carefully. Use the study questions to guide you.
  • CB 769-71, 780-805, 809-10
  • Skim 805-09
  • Prepare answers to study questions on chapter 21: scope of discovery. Be prepared to discuss the casebook readings, FRCP, and study questions. I will call on you.

WEEK 8 – MAR. 9 & 11

MONDAY,  MAR. 9: Discovery intro

  • Continue the assignment from last Wednesday.

WEDNESDAY,  MAR. 11: Discovery tools

  • This is a big assignment but you have had plenty of time to do it. Accordingly, I will expect you to be extremely well-prepared.
  • Remember my advice. Large projects or large assignments require “chunking” of the work. Break things up into manageable pieces. Accordingly, study in the following order: 1) read the casebook; 2) do the study questions, treating them as a map to a “treasure hunt,” and 3) carefully read all the assigned rules. Then rinse, lather, repeat. Be prepared to discuss the casebook readings, study questions, and FRCP. I will call on you.
    • FIRST:
      • CB 811-48 (to bottom of 848)
      • CB 855-56 (starting with requests for admission)
    • SECOND:
    • THIRD:
      • Read the FRCP carefully. As noted, use the study questions to guide you.
      • FRCP 26(a), (d), (e), (f)
      • FRCP 30, 33, 34, 35, 36, 45

WEEK 9 – MAR. 16 & 18

MONDAY, MAR. 16: Discovery tools

  • Continue assignment from last class.

WEDNESDAY, MAR. 18: Discovery abuse & control

  • FRCP 26(c), (g)
  • FRCP 37
  • Read the FRCP carefully. Use the study questions to guide you.
  • CB 857-75
  • Prepare answers to study questions on chapter 23: discovery controls. Be prepared to discuss the casebook readings, FRCP, and study questions. I will call on you.

WEEK 10 – MAR. 23, 25, and 26

MONDAY, MAR. 23: Rules of Decision Act and Erie Doctrine

WEDNESDAY, MAR. 25: Rules Enabling Act (Hanna et al.)

THURSDAY, MAR. 26: MAKE-UP CLASS; Rules Enabling Act (Shady Grove); putting it all together

  • This class is a make-up class for the class that was cancelled prior to Spring Break.
  • Class will start at 4PM in room 219.
  • Assignment:
    • Continue previous readings as needed.
    • CB pp. 954-74
    • Prepare answers to study questions on Shady Grove. Be prepared to discuss.
    • Read and fill out the Erie flowchart, which can help you to determine how to analyze a problem arising under the RDA (Erie/Hanna I) or REA (Hanna II). Come to class prepared to discuss how you would analyze each of the five (5) scenarios noted at the end of the handout.
    • Prepare answers to the Erie/REA problem set. Explanations will be posted after we complete our studies of this topic.

WEEK 11 – MAR. 30 & APR. 1

NOTE TO CLASS: Tentative assignments for the remainder of the year are posted below. These assignments are subject to revision, so check back. 

MONDAY, MAR. 30: Voluntary dismissal; summary judgment

WEDNESDAY, APR. 1: Friday schedule

  • No Civil Procedure classes today.
  • Instead, Friday classes meet.

WEEK 12 – APR. 6 & 8

MONDAY, APR. 6: Summary judgment

WEDNESDAY, APR. 8: Right to jury trial

WEEK 13 – APR. 13 & 15

MONDAY, APR. 13: Judgment as a matter of law (JMOL)

WEDNESDAY, APR. 15: Motion for a new trial (MNT); relief from judgment

  • FRCP 59, 60, 61
  • CB 1125-44, 1152 n.5, 1153-54
  • Prepare answers to questions 7-9 of the JMOL/MNT problem set

WEEK 14 – APR. 20 & 22

MONDAY, APR. 20: Claim preclusion (a/k/a res judicata)

WEDNESDAY, APR. 22: Issue preclusion (a/k/a collateral estoppel)

WEEK 15 – APR. 27 & 29

MONDAY, APR. 27: Non-mutual issue preclusion (a/k/a/ non-mutual collateral estoppel)

WEDNESDAY, APR. 29: Appeals

  • 28 U.S.C. 1291, 1292, 1651
  • FRCP 54(b)
  • CB 1157-61, 1169-70, 1180-1201
  • Review the problems and explanations for appealability problem set


  • Room CPD-113 from 10AM-3PM for an extended review session.
  • Laptops are permitted.
  • This session is not mandatory; however, I cannot guarantee that our tech personnel will be able to give me the video in time for it to be uploaded to YouTube. Accordingly, if you would find a review to be useful, I would recommend that you attend.

Moved to archive July 27, 2015