Andi Curcio
acurcio@gsu.edu
404 651-4157

SYLLABUS

Required Texts

Same text and rules book as last semester and
A Civil Action, Jonathan Harr, Vintage Press

Recommended outside reading and practice materials
1.Civil Procedure, Examples and Explanations, Joseph Glannon
2.A Student's Guide to the Rules of Civil Procedure
3. CALI diskettes on civil procedure

GENERAL INFORMATION

Course Objective: This semester's course has three main objectives: 1. To sharpen your skills in reading, interpreting and applying statutes (The Fed. R. Civ. P.); 2. To study the theory and policy underlying the Fed. R. Civ. P. and to learn how that policy shapes judicial decision making; and 3. To engage in a critical analysis of the judicial system and "real world" application of the Fed. R. Civ. P. through the examination of the toxic tort case which is the subject of A Civil Action.

Grades: Your grade will be based on a three hour exam at the end of the semester. The exam will be mainly essay questions with a few short answer essays. Anything in A Civil Action is fair game for the exam. During the exam, you will only be allowed to have a copy of your Rules book (annotated however you like) and an abbreviated outline (10 pages).

Attendance and Opt Outs

The ABA requires attendance. Also, passing the class means taking the class, not just taking the final. You may miss up to eight classes this semester with no impact on your grade (other than the impact that occurs because you miss what was taught in that class). You may miss for any reason. DO NOT EXPLAIN TO ME WHY YOU ARE NOT IN CLASS -- it's totally up to you to attend or not attend for any reason you consider legitimate. If you miss more than eight classes, you will have missed more than 30% of the class. At that point, you will fail the class, regardless of how you do on the final exam. I urge you not to miss a lot of classes at the beginning, since you never know what emergency may arise later in the semester.

Preparation and participation are an important part of this class. I expect you to be prepared each class. If you are not prepared, write me a note telling me you "opt out" and give me the note before we begin. I will not call on you during a class in which you have opted out. You should try to limit your "opt outs" to a maximum of three. An inordinate number of "opt outs" may result in lowering your grade. If you have not opted out, and I call on you and you are unprepared, I reserve the right to lower your grade. As all of you know, there is nothing more painful than someone trying to pretend he or she is prepared. Thus, I would rather you opt out than "fake it". I will be more lenient about opt outs than I will be about those who don't opt out and waste all of our time by trying to pretend they have done the work when they haven't.

Syllabus and Assignments

The syllabus provides you with an outline of the material we will cover and a general plan for coverage. I may make minor adjustments in the order in which we cover the material, and in the amount of reading I assign. The specific assignment for the next week will be posted each Monday.

This class relies heavily on the Rules of Civil Procedure. YOU MUST READ THEM CAREFULLY! Also put time into the handout questions and problems. These "application" problems help you really understand the rules. They also help prepare you for your exam.

Our main focus in class will be on the Rules and applying them to handout problems, problems and issues arising in "A Civil Action" and the cases in the casebook.

E-Mail Discussion List

I have established an e-mail discussion list for this class. This list will enable us to discuss questions about Civil Procedure outside the classroom. Here's how it works:

1. You need to subscribe to the list. To do this, send the following e-mail message, without subject or signature, to majordomo@gsulaw.gsu.edu: "subscribe law5000aac". The computer then will send you a message confirming that you are on the list.

2. Once you are subscribed, you may post messages to the list (by sending your messages to "law5000aac@gsu.edu") and you will receive copies of all messages sent to the list. That way, we can have an interactive group discussion about what we have done in class, assignments, problems, etc.

3. I will use the list to post additional problems, answers to class problems, and other important information. You should subscribe to the list within the next week. WARNING: REMEMBER THAT NOTHING POSTED ON THE LIST IS PRIVATE!

Web Page
There is a web page for this class. It is accessible by going to the GSU law home page, clicking on Acadmics, clicking on "on line courses" clicking on "civil procedure". The web page has materials we will be using in this class. You need to be able to access it. Also, if the computer you are working on does not have "adobe reader" installed, you will have to download adobe reader in order to get some documents off the web page (e.g. the litigation documents in "A Civil Action"). Directions for downloading adobe reader can be found by clicking on the words "adobe reader" that are underlined and in blue (a.k.a. the "hyperlinked" text in this sentence).

How to reach me
I am available during most working hours Mon - Thurs. Come see me any time. Tell the receptionist that I said to buzz you in -- she need not announce that you're coming. If you want to make an appointment, call me (651-4157) or see me after class.

My e-mail address is acurcio@gsu.edu.

ASSIGNMENTS
NOTE: Many assignments include handout problems. The handout problems will either be posted to the discussion list or to the web site (I will announce in class where you can get them).
I. Defining the Dispute (Weeks one-six)

WEEK ONE
1. The Complaint

A. Setting the Initial Parameters of the Claim

Rules 7(a); 8(a); 8(e)-(f); 9(b);(g); 10; 18(a); 20(a)-(b)

Casebook 114-128 (background)

Casebook 130-134 (inconsistent allegations)

Casebook 220-226 (joinder of parties/claims)

Casebook 150-157 (Rule 9 pleadings)

A Civil Action [ACA]- Read the Second Amended Complaint

Handout questions based on the complaint in ACA and on the

Rules cited above.

WEEK TWO

2. Response to the Complaint

A. Pre-Answer Motions

Rules 7(b); 12(b); 12(e)-(h)

Casebook 129-130 (how to make motions

Casebook 170-172 (do problems on p. 172)

Casebook 144-150 - Mitchell v. Archibald - 12(b)(6)

WEEK THREE

B. Answer

Rules 8(b)-(e) (Note - Answers may contain motions set forth

in Rules 12(b)& 12(f)

ACA - Read Defendants' answers to second amended complaint

And answer questions on handout.

3. Expanding the Dispute

A. Impleader

Rule 14

Casebook 244-250

ACA - Impleader of Unifirst - 143-146

B. Cross and Counter Claims

Rule 13

Casebook 191-196; 250-252

ACA -p 146

Handout problems - Joinder/Impleader/Cross-counter claims

WEEK FOUR

C. Joinder of Necessary Parties

Rule 19

handout reading and handout problems

D. Intervention

Rule 24

Handout reading and handout problems

4. Timing and Filing of Pleadings

Rules 5 and 6

Handout case - Precision Fabrics-

Handout problems

WEEK FIVE

5. Motions to Amend the Pleadings

Rule 15

Handout cases

Casebook 205-210

Motion to Amend - ACA

Handout problems

WEEK SIX

Finish Amendments

Motion hearing based on handout problem (distributed in class)

6. Pleading Sanctions

Rule 11

A Civil Action - skim 85-119; 485-487

Casebook 134-144

II. Discovery

General Principles/Parameters

Rules 26(a)(1);26(b)(1)

Casebook 310-319

WEEK 7

1. Discovery Methods

A. Depositions (Rule 30; see also, subpoenas R. 45)

B. Interrogatories (Rule 33)

C. Requests for Production/Inspection (Rule 34)

D. Physical and Mental Examinations (Rule 35)

E. Requests for Admission (R. 36)

F. Informal Methods
Read Rules cited in (A-E, above)

Casebook 319-347

Using Discovery Devices - Handout Problems

Look at discovery documents in ACA - on course website

Think about different discovery methods/tactics used in ACA and be

prepared to discuss

WEEK 8:

2. Limitations on Discovery

a. Work product/trial prep materials

Rules 26(b)&(c)

Rule 26(b)(3); work product;

Casebook 347-358

A Civil Action - 484-485

b. Privileges - attorney/client

CB - 358-368

WEEK 9:

3. Expert Discovery Rules

Rule 26(b)(4); 26(a) (2)

CB 368-377

4. Discovery Sanctions

Rules 26(g); 37

III. JUDGMENTS

1. Default Judgments

Rule 55

Casebook 173-180

2. Voluntary and Involuntary Dismissals

Read Rule 41 and be prepared to answer hypos in class based on that

rule

WEEK 10:

3. Summary Judgment

Rule 56

Casebook 410-438

WEEK 11:

Summary Judgment, cont'd

A Civil Action 235-238; 134-143

Handout cases: Daubert; Joiner; Kumko Tire

WEEK 12:

4. Directed Verdict/JNOV (Judgment as a Matter of Law) & New Trial

Motions

Rules 50; 59 Casebook 600-623

A Civil Action 365-368; 445-448; 451-466; 484

Handout cases and handout problems

5. Res Judicata/Claim Preclusion

Handout reading

WEEK 13

6. Collateral Estoppel/Issue Preclusion

Handout reading

Handout problems

WEEK 14
Finish Issue Preclusion

7. Relief from Judgment (or Order)

Rule 60

Casebook 623-626
If time - Right to Jury Trial