WHERE WE ARE & WHAT WE’RE DOING Pleading Pre-trial Discovery Resolution without Trial Trial & Post-trial Appeal.

Slides:

Advertisements

Similar presentations

© The McCoy Law Firm 2012 James McCoy The McCoy Law Firm Coit Rd., Ste. 560 Dallas, Texas (214)

Advertisements

1 Agenda for 6th Class Admin –Handouts –Name plates –Next week’s office hours M 9/30 4:30-5:30 (not 3:20-4:20) 1995 Exam: Responding to Complaint Review.

Preparing Your Company Employees to Testify. Types of Company Witnesses Fact Witnesses – Persons with personal knowledge of relevant facts Fact Witnesses.

Experts & Expert Reports  Experts and the FRE  FRCP, Rule 26 and experts  How are experts used in patent litigation?  What belongs in a Rule 26 report?

Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Litigation and Procedure Discovery: Overview and Interrogatories Litigation and Procedure.

Privilege, Privacy, and Waiver. Privilege Attorney/Client In the law of evidence, a client's privilege to refuse to disclose, and to prevent any other.

CHAPTER 3 The Starting Point: Analyzing Facts and Identifying Legal Issues.

CJ227 Criminal Procedure Welcome to our Seminar!!! (We will begin shortly) Tonight – Unit 4 (Chapter 9 – Pretrial Motions, Hearings and Pleas) (Chapter.

WHERE WE ARE Complaint Answer 12(b) Motions Amended Pleadings Pre-Trial Trial & Post-Trial Appeal Reply.

American Tort Law Carolyn McAllaster Clinical Professor of Law Duke University School of Law.

THE PARTY SIMILE Summary Judgment & Trial It’s Party Time! Point of fundraising party Have fun And raise money.

WHERE WE ARE & WHAT WE’RE DOING Pleading Pre-trial Discovery Resolution without Trial Trial & Post-trial Appeal.

WHERE WE ARE & WHAT WE’RE DOING Pleading Pre-trial Discovery Resolution without Trial Trial & Post-trial Appeal.

WHERE WE ARE & WHAT WE’RE DOING

WHERE WE ARE Complaint Answer 12(b) Motions Amended Pleadings Pre-Trial Trial & Post-Trial Appeal.

Some Controversial Propositions. Agree or Disagree? The availability of broad discovery significantly infringes on the parties’ liberty, privacy, and.

SJ MOTIONS The Paperwork The Caption & the Cause Number The court’s filing system The Record The only facts the judge considers What the lawyers provide.

WHERE WE ARE & WHAT WE’RE DOING Pleading Pre-trial Discovery Resolution without Trial Trial & Post-trial Appeal.

Introduction to Civil Procedure in the United States Wake Forest LLM Introduction to American Law Alan R. Palmiter – Sep

Discovery III Expert Witness Disclosure And Discovery Motions & Sanctions.

1 Agenda for 8th Class Admin –Handouts –Name plates –No class next Friday, 9/26 Experts (continued) Sanctions –Phillips Introduction to Summary Judgment.

1 Agenda for 6th Class Admin –Slide handouts –Name plates out –Lunch Friday, 12:30 outside Rm 433 (Faculty Lounge –Make up class This Wednesday, 9/17,

1 Agenda for 7th Class Admin –Slides –Name plates out Work Product Experts Introduction to Sanctions.

Thurs. Nov. 14. scope of discovery attorney-client privilege.

1 Agenda for 6th Class Admin –Slide handouts –Name plates out Review of Relation Back 1995 Exam Discovery –Intro & Scope –Depositions –Relevance Steffan.

CIVIL PROCEDURE FALL 2005 SECTIONS C & F CLASS 24 DISCOVERY V.

MODES OF DISCOVERY, SUMMARY JUDGMENT AND JUDGMENT ON THE PLEADINGS Legal Forms Group 3 Summary.

Litigation Jody Blanke Professor of Computer Information Systems and Law.

Court Procedures Chapter 3.

CIVIL PROCEDURE FALL 2003 SECTION F CLASS 21 DISCOVERY III.

Supreme Court civil pre-trial procedures: an overview

1 Agenda for 12th Class Admin –Handouts –Name plates –Writing groups on web –Welcome to Shakay Amirkhanyan prospective student Experts (continued) Sanctions.

Failure to invoke foreign law Possible consequences of failure – Court applies forum law Court ascertains foreign law Court dismisses – forum non conveniens.

Mon. Nov. 26. Work Product “Privilege” A witness, X, who is friendly to the D was interviewed by P’s attorney and a statement was drawn up Is there any.

1 Agenda for 6th Class Admin –Slide handouts –Name plates out –Office hours Thursday 2-2:45 Not 2-3PM Relation Back 1995 Exam Discovery –Intro & Scope.

Legal Document Preparation Class 12Slide 1 Functions of the Discovery Process Narrow the issues –After investigation, you can more easily determine which.

Following a Case Through the Federal Courts. Overview A case begins when a lawyer or individual files a formal complaint with the clerk’s office of District.

Tues. Nov. 19. discovery scope of discovery attorney-client privilege.

CIVIL PROCEDURE CLASS 20 DISCOVERY I Professor Fischer Columbus School of Law The Catholic University of America October 7, 2005.

1 Agenda for 9th Class Admin –Handouts –Name plates Experts (continued) Sanctions –Phillips –A Civil Action Introduction to Summary Judgment.

© 2005 by Thomson Delmar Learning. All Rights Reserved.1 CALIFORNIA CIVIL LITIGATION DISCOVERY OVERVIEW.

WHERE WE ARE Complaint Answer 12(b) Motions Amended Pleadings Pre-Trial Trial & Post-Trial Appeal.

1 Agenda for 8th Class Admin –Slide handouts –Name plates out Discovery –Review of Scope –Work Product –Experts –Intro to Sanctions.

CIVIL PROCEDURE CLASS 17 Professor Fischer Columbus School of Law The Catholic University of America October 4, 2002.

CIVIL PROCEDURE CLASS 22 Professor Fischer Columbus School of Law The Catholic University of America October 16, 2002.

© Sara M. Taylor 2002 Rules of Discovery  State  Federal.

CHAPTER SEVEN COMMUNICATING RESEARCH RESULTS. EXPECTED LEARNING OUTCOMES l Understand the various forms of communication l Appreciate the purpose of an.

COMPLAINTS & ANSWERS Consistency in Pleading Complaints Pleading “in the alternative” permitted Alternative theories of recovery Answers Deny + Affirmative.

CIVIL PROCEDURE FALL 2005 SECTIONS C & F CLASS 22 DISCOVERY III.

CIVIL PROCEDURE FALL 2005 SECTIONS C & F CLASS 21 DISCOVERY II October 11, 2005.

CIVIL PROCEDURE FALL 2003 SECTION F CLASS 22/23 DISCOVERY IV.

Effective Expert Witnessing. Qualities that help Meet Daubert standards Credentials Solid Methodology Current w/ literature Employment history/experience.

Wed., Nov. 12. discovery scope of discovery 26(b)(1): Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s.

Forms of Pretrial Discovery in the Auto Property Damage Case Mark Demian and Jeffrey Dubin Javitch, Block & Rathbone LLP.

CALIFORNIA CIVIL LITIGATION

Agenda for 7th Class Admin Slide handouts Name plates out Friday lunch

Agenda for 8th Class Admin Slide handouts Name plates out Discovery

Agenda for 7th Class Admin Slide handouts Name plates out Friday lunch

Jody Blanke Professor of Computer Information Systems and Law

Agenda for 9th Class Admin Handouts Name plates Sanctions Phillips

Agenda for 7th Class Admin Slide handouts Name plates out Friday lunch

WHERE WE ARE & WHAT WE’RE DOING

Function of the International Court of Justice (ICJ):

TIPS FOR IMPROVING THE EFFECTIVENESS OF YOUR DEPOSITIONS

WHERE WE ARE & WHAT WE’RE DOING

Civil Pretrial Practice

Agenda for 9th Class Admin Handouts Name plates

What is involved in a civil lawsuit?

Presentation transcript:

WHERE WE ARE & WHAT WE’RE DOING Pleading Pre-trial Discovery Resolution without Trial Trial & Post-trial Appeal

COURT OBSERVATIONS The Summary Judgment Process Timing: after discovery Motion-response-reply “no genuine issue of material fact” Declarations/depositions Oral argument Only if requested

COURT OBSERVATIONS Quality of Lawyering Written Materials Oral Argument

COURT OBSERVATIONS Strategy SJ as “discovery” of legal theories Partial summary judgment

COURT OBSERVATIONS Strategy – winnowing process No genuine issue of material fact 1987 Legal issue as to standard Disability evaluation v. treatment Factual issues Information Dr’s provided Are factual issues “material”?

COURT OBSERVATIONS Strategy – winnowing process No genuine issue of material fact 1989 Visit for treatment No legal issue as to standard Factual issues Who did the exam? Causation? Are factual issues material? Negligence established anyway? Failure to request chart?

DISCOVERY Scope & Limits 26(b)(1) General Not privileged Relevant to Claim/defense Subject matter 26(b)(2) Court discretion to limit Individual case Local rule - #requests to admit 26(b)(3) & (4) Exceptions Trial Preparation Materials Experts

DISCOVERY FR 26(b)(4) Trial Prep Experts Experts Fact W’s v. opinion W’s Fact - FR 26(a)(1)(A)

DISCOVERY FR 26(b)(4) Trial Prep Experts Experts Testifying experts “opinions may be presented at trial” FR 26(a)(2) – disclose w/ report FR 26(b)(3) – depose after report provided Non-testifying experts “retained or specially employed” FR 26(b)(4)(B) discovery only if exceptional circumstances Impracticable to obtain info by other means

DISCOVERY Thompson, p. 539 Method Information sought Pl’s procedural response Category of expert Discovery allowed?

DISCOVERY Chiquita, p. 541 Method Information sought Def’s procedural response Category of expert Discovery allowed?

SKILLS Distinguishing Cases Why different results? Distinguish cases on their facts Thompson Chiquita

TAKEAWAYS Black Letter Law FR 26(b) (4) Exception to broad scope of discovery Applies work-product concept to experts Protects Non-testifying experts Not facts Allows discovery if exceptional circumstances Impractical to obtain facts/opinions by other means

TAKEAWAYS Big theme Tension between Open discovery v. Adversary system Each party prepare own case Discourage expert evaluations “Undue prejudice”