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Fall 2017
5320 Pretrial Procedure - CRUMP- 20170

Professor(s): David Crump (FACULTY)

Credits: 3

Course Areas: Procedure and Practice 

Time: 10:30a-12:00p  TTH  Location: 211  TUII

Course Outline: This course covers the procedural aspects of trying a case in a Texas state court, up to the time of trial. Topics covered include the investigation of a case; the preparation of a petition, the service of same, and the taking of a default judgment in the event of a defendant fails to answer; determining subject-matter jurisdiction, personal jurisdiction, and venue; defensive pleading standards; discovery practice, including sanctions for discovery abuse; and dilatory and dispositive motion practice.

Course Syllabus: Syllabus revised 8/16/17

Course Notes:   

Prerequisites:  

First Day Assignments: Certain readings are set out in CAPITAL letters. These cases or readings are to be emphasized. Others are in lower case; this indicates that our treatment of the case will be by lecture, and it accordingly indicates that you should not concentrate on that case as heavily as upon other readings. I hope that this device will help you manage the reading better!

(NOTE: If there are formatting issues please see syllabus for clarification.)

OVERVIEW
-Text at 1.01 (1-3).
I. THE PRE-LITIGATION PHASE
Omit: Various Text and Notes; Hoover Stovack LLP v. Walton.
Emphasize: Contingent Fee Contract and Notes; Reneker article; One-, Two-, and Four-Year Limitations Statutes; S.V. v. R.V.; Practice Exercises.
1.02. INITIATING THE ATTORNEY-CLIENT RELATIONSHIP
A. FEES AND FEE CONTRACTS
- Text, 4-6; Notes (13)
-CONTINGENT FEE CONTRACT (14) AND NOTES
B. AVOIDING CONFLICTS OF INTEREST
-Text, [1] 18-19; Text [f]-[g], 20.
1.03. CASE EVALUATION, ACCEPTANCE, SETTLEMENT
-RENEKER ARTICLE (22)

Final Exam Schedule: 12/1 9AM - NOON 111 TU2  117 TU2  

This course will have:
Exam: Yes
Paper: No

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

Experiential Course Type:

Bar Course: Yes

Course Materials (8/2/2017 1:17:58 PM)

Book(s) Required

Course Materials: Please pick up copied materials from TUII-114, available now (8/2/17). These are IN ADDITION TO the book for purchase at the bookstore.

Dorsaneo, et al., Texas Civil Procedure: Pretrial Litigation, 2016-2017 Edition (Carolina Academic Press)