Fall 2012
5406 Procedure - HOFFMANL- 12585
prof./time & day change 3-20-12

Professor(s): Lonny Hoffman (FACULTY)

Credits: 4

Course Areas: 1st Year - Section B 

Time: T=9:00a-10:20a  WF=10:30a-11:50aLocation: 211  TU2

Course Outline: This course provides an introduction to the civil adjudicative process, primarily that of the federal courts, including jurisdiction, pleading, dispositive motions, discovery, and trial procedure.

Course Syllabus: Syllabus (pdf)

Course Notes:   There is no casebook. Instead, I have prepared course materials for you. By summer’s end, they will be available from the copy center in the basement of the law school (713-743-2193). If you have any problem locating the materials, please contact my assistant, Vanessa Fonte (vmfonte@central.uh.edu). There are two other books that you need for this course. I suggest that before you buy either book, you read what I say about these books on the course syllabus (see link above). I have ordered copies of both of these books to be on reserve for purchase from the UH bookstore. They are:

The Federal Rules of Civil Procedure (and selected other sources of procedural law). In the UH bookstore, they will have West Publishing’s FEDERAL RULES OF CIVIL PROCEDURE, 2012-2013 EDUCATIONAL EDITION, ISBN No. 9780314949868. As I note in the syllabus, versions published by other publishing houses will also do if you find those elsewhere. The important thing is just that you get a book with the current version of the rules and statutes. This means your book must be current through December 2011. One alternative to buying any book (used or new) is to just access the rules and relevant statutes from the internet. There are several sites that have the current rules, such as www.uscourts.gov/uscourts/RulesAndPolicies/rules/2010%20Rules/Civil%20Procedure.pdf or http://www.law.cornell.edu/rules/frcp/. Statutes can be found in numerous places and I can provide a list of those to you in class, if you need them.

Richard D. Freer, Civil Procedure (3d ed. 2012, Aspen Student Treatise Series) ISBN-978-1-45480-222-8. Note that this version has just come out. In the past, I have told students that if they can find used copies that are cheaper, it's probably fine to get them, but publication of this latest edition means there are going to be some pretty big differences now between the editions. Also, there have been a number of important changes in the law recently and so going with an older edition of Freer may end up creating a good deal of confusion. That isn't insurmountable, but students should be aware of the difficulties they may encounter if they don't buy the latest version. One final note: do not purchase by mistake the somewhat similarly titled casebook edited by Freer, Perdue and Collins, CIVIL PROCEDURE: CASES, MATERIALS AND QUESTIONS that Aspen also publishes.

Prerequisites: No  

First Day Assignments: 1. Read in advance of Aug 28 class: Freer, pp. 1-35
2. Read in advance of Aug 28 class: My essay A Parting Reprise. You can access the full text of the essay through the Social Science Research Network website,and then download the document.

Final Exam Schedule: 12/17 1-5pm  209 BLB  213 BLB  

This course will have:
Exam: Yes
Paper: No

Satisfies Skills Course Requirement: No
Satisfies Senior Writing Requirement: No