CIVIL PROCEDURE II SECTIONS 1, 3 and 4 Professor Swank Spring Semester 2012

Transcription

1 CIVIL PROCEDURE II SECTIONS 1, 3 and 4 Professor Swank Spring Semester 2012 Required Books: Civil Procedure - Cases, Materials and Questions, 5th ed. -- Freer and Perdue and Michael Smith, O Connor s Federal Rules - Civil Trials 2011 ed. Oklahoma Constitution, Statutes and Court Rules Supplement (This supplement available on my faculty webpage at There is also a 63 page supplement to the Freer and Perdue casebook on my webpage which you should print out. Assignments will be made from both supplements. You may print both the Oklahoma Supplement and the Freer and Perdue supplement in the College of Law computer lab and save money. Supplemental Reading: (THE FOLLOWING BOOKS ARE NOT REQUIRED) When you have a problem understanding an issue, you may refer to one of these books. All are in the library. I do not recommend you purchase any of these books, but if you decide to do so, then purchase the Glannon book - Civil Procedure - Examples and Explanations or the Shreve & Raven-Hasen book. rd # Federal Rules of Civil Procedure, Rules and Commentary, 3 ed., Gensler # Understanding Civil Procedure 2d ed., Shreve & Raven - Hansen # Civil Procedure, Examples and Explanations 4th ed., Joseph Glannon # The Glannon Guide to Civil Procedure, Joseph Glannon # Civil Procedure, 4th ed., Friedenthal, Kane and Miller # Civil Procedure, 5th ed., James Hazard and Leubsdorf # Civil Procedure, 2nd ed., Tepley and Whitten # Federal Courts, 5th ed., Charles Allen Wright The Gensler book is probably the most complete and the best in explaining the individual rules, however, it does not cover the federal statues. When casebook assigns supplement reading, or federal rules or statutes are cited in a case, read that material in addition to daily assignment. Most of the supplement assignments of constitutional provisions, statutes, rules or forms will be found in O Connor s Federal Rules - Civil Trials 2011 or in the Oklahoma Constitution, Statutes and Court Rules Supplement. Additional assignments may be made from time to time. ATTENDANCE POLICY I expect all students to attend class. Each student is important to the learning process for the whole class. As a result, if there are excessive absences in this course, a student s grade may be lowered. I consider more than 5 absences to be excessive. I reserve the right to make exceptions to the policy for exceptional reasons. Being unprepared in class when called upon will be considered to be an absence. If a student has excessive absences, that student may be dropped from the course prior to the final examination. I generally consider seven (7) absences to be so excessive a student most likely will be dropped from the class. 1

2 To record attendance a roll sheet will be passed around each day. Each student will initial the roll sheet to signify his/her presence. Any student signing for another student will be dropped from the class. CLASS PREPARATION Each student is expected to be prepared each day. No one will be assigned in advance to be prepared for a particular day s assignment. I understand that an occasion a student may not be prepared for a variety of reasons, some good and some not so good. Regardless of the reason, if a student will tell me before class that he/she is not prepared, I will not call on that student. If I call on a student who answers not prepared, that will be considered to be an absence in the class. FINAL EXAMINATION The final examination in the course will be a part essay, and part short answer examination, however, I reserve the right to change the examination format. If I do, I will announce the change well in advance of the final examination. I may use a part multiple choice format for the examination. STUDENTS WITH DISABILITIES Any student who has a disability that may prevent him or her from fully demonstrating his or her abilities, should contact the Registrar or the Associate Dean for Academics at the College of Law as soon as possible. That office will advise that person on the procedure for obtaining any accommodation required to make the most of his/her educational opportunity. Students with disabilities must be registered with the Disability Resource Center prior to receiving accommodations in this course. The Disability Resource Center is located in Goddard Health Center, Suite 166, and their telephone number is or TDD only 405/ COMPUTERS IN THE CLASSROOM Students will not be permitted to use computers in the classrooms, except for those students, who because of a disability, have been approved by the Associate Dean to have access to a computer in the classroom. OFFICE HOURS - COMMUNICATIONS My office is in Room My office telephone number is My address is dswank@ou.edu. I am normally in my office after my classes on Wednesday, Thursday, and Friday; and all day on Monday and Tuesday. Please come by anytime during those hours. If you wish to arrange a specific appointment, although that is not necessary, either call or send me an or see me before or after class to make an appointment. I am not on facebook and do not intend to be on it. I do not twitter or tweet or send or receive text messages on my cell phone. However, I will respond to your messages sent to my computer. CLASS SCHEDULE I always plan to keep up with the following class schedule. Often because of class discussion, I fall behind. When I do, in order for you to be prepared for the next class, you should prepare for the one day ahead of where we finished the previous class day. 2

3 TOPIC DATE IN CASEBOOK S PLEADING 1/ FRCP 7, 8, 9, 10, 12 & 13; 12 O.S. 2007, 2008, 2009, 2010, 2012 and See also FRCP 84 - Forms 3, 4, 12, 16 and 17 and the Okla. Sup. Ct. Administrative Directive - SCAD No / Same as January 18 After note 7 on p. 310 Go to Supplement pp /20 Same as 1/19 Same as January 18 1/ FRCP 16, 41, 55 & 83; 12 O.S. 682, See Supplement p , 684, 3237 and Rules for District Courts of Oklahoma 5, 10 and 16 1/ Same as January 25 See Supplement p. 48 FRCP 15; 12 O.S / FRCP 11 and 12 O.S and See Supplement p. 48 2/1 Same assignment Same as January 27 as 1/27 & review Plaintiff s petition & Defendant s answer (class handout) DISCOVERY 2/ FRCP 26, 27, 30, 31, 33, 34, 35, 36, 37 & 45 FRE 501 and Okla. Statutes, Be sure to prepare 12 O.S , 2502, 2503, 3226, Practice Problem on , 3227, 3230, 3231, 3233, p , 3235, 3236 & /3 Same assignment as 2/2 2/ All previous outside reading assignments on Discovery, particularly FRCP 26 and 37 and 12 O.S. 3226, and

4 TOPIC DATE IN CASEBOOK S 2/9 Same as 2/8 Same as February 8 2/ All previous assignments on Discovery TIMING AND PRETRIAL DISCLOSURES, CONFERENCES AND ORDERS 2/ All previous assignments on Discovery Prepare answers to review problem pp / FRCP 16, Rules for District Courts of Oklahoma - Rule 5 SANCTIONS 2/ All previous assignments on Discovery 2/22 Extra day on Discovery if we are behind (which we will be) RIGHT TO JURY TRIAL, JURY TRIALS 2/ Article III, US Constitution IN NON-ARTICLE III See Supplement p. 49 t 7 h Amendment, US Constitution COURTS, JURIES IN FRCP 38, 39, 47, 48 and 57 STATE COURTS 28 USC 1861, 1862, 1863, 1864, 1865 and 1870; Oklahoma Const. Art. II, Sec. 19, 12 O.S , 572, 573, 574, and 577, 38 O.S. 18 and 28; Rules for the District Courts of Oklahoma, Rule 6 2/24 Same Assignment as 2/23 Same as 2/23 SIZE OF JURY, PREEMPTORY CHALLENGES, CHALLENGES FOR CAUSE AND CHALLENGES TO THE PANEL 2/ Same as 2/23 3/1 Same Assignment as 2/29 Same as 2/23 4

5 TOPIC DATE IN CASEBOOK S SUMMARY JUDGMENT 3/ FRCP 56, 12 O.S and See Supp. p , Rules for District Courts of Oklahoma Rule 13 3/7 Same Assignment as 3/2 Same as 3/2 JUDGMENTS AS A MATTER OF LAW 3/ FRCP 50, 59 & 61, 12 O.S. 577, AND NEW TRIALS 651, 653, 654, 655 and 698 Rules for the District Court of Okla. Rule 28 3/9 Same Assignment as 3/8 Same as 3/8 JURY INSTRUCTIONS AND FORM OF VERDICT 3/ FRCP 49, 50 & 51, 12 O.S. See Supplement p , 577.1, 577.2, PRECLUSION, CLAIM PRECLUSION AND ISSUE PRECLUSION 3/ None 3/ None ********SPRING BREAK MARCH 19-23*********** OMIT CHAPTER 10 (PAGES ) ALREADY COVERED 3/ None See Supplement pp / None SCOPE OF LITIGATION 3/ FRCP 17, 18, 20 and 28 USC 1367 REAL PARTY IN INTEREST and 12 O.S. 2017, 2018, 2020 PERMISSIVE JOINDER 4/ Same as 3/30 5

6 TOPIC DATE IN CASEBOOK S CLAIM JOINDER 4/ Same as 3/30 and FRCP 13, 12 O.S PERMISSIVE COUNTER CLAIMS AND CROSS CLAIMS 4/ FRCP 13, 12 O.S IMPLEADER 4/ FRCP 14, 28 USC 1367 and 12 O.S COMPULSORY JOINDER 4/ FRCP 19, 12 O.S See Supplement p. 57 INTERVENTION 4/ FRCP 24, 28 USC 1367 and 12 O.S INTERPLEADER 4/ FRCP 22, 28 USC 1335, 1397 and O.S /19 Same as assignment Same as 4/18 on 4/18 If we are not behind in the assignments and have time we will cover CLASS ACTIONS AND APPEALS by lecture on April 20, 25, 26, and 27 CLASS ACTION 4/ FRCP 23, 23.1 & 23.2 (By Lecture) See Supp. pp O.S. 2023, and APPEALS 4/ USC 1291, 1292, 1295 and 1651; (By Lecture) See Supp. pp FRCP 54B, FRAP 3, 4, 5, 8, 10, and O.S. 952, 953, 990.1, 990.2, 990A, 991, 992, 993, 994 and 995. FINAL EXAM WILL BE ON TUESDAY, MAY 1, 2012 AT 9:00 A.M. (The exam will be a four hour examination) [CPII SPRING 2012.wpd] 6