5320 Pretrial Procedure - SCHUWERK- 12635
Robert Schuwerk (EMERTI)
Course Areas: Procedure and Practice
Time: 1:00p-2:30p TThLocation: 213 BLB
Course Outline: Procedure II is a course covering 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 Notes: Course title changed from Procedure II to Pretrial Procedure.
First Day Assignments: Texas Pretrial Procedure (Procedure II)
First Week Assignments:
Your assigned readings are from Alex Wilson Albright’s TEXAS COURTS—A SURVEY (2011-2012) ("Albright") and from the Commentary portion of O’CONNOR’S TEXAS RULES—CIVIL TRIALS (2012) ("O’Connor’s Commentary"). You also will be held responsible for all Texas Rules of Civil Procedure (TRCP) rules, as well as any other constitutional or statutory provisions, that you are asked to review in Albright, even though they are not set out in this reading list. The TRCP rules may be found in O’Connor’s, immediately after the Commentary materials. All other referenced provisions are set out in appendices to the Albright text, on the diskette included with the book itself. Because I do not yet have the current O’Connor’s, the page numbers for its section reference may be off by a page or two, although the section numbers themselves should be correct.
DAY 1: Albright, chs. 1, 2.A.1-2.A.2, pp. 1-20 (exercise at end of chapter 2.A.2 is homework); O’Connor’s Commentary, ch. 2.F,* pp. 116-125.
DAY 2: Albright, chs. 2.A.3, 2.B, pp. 20-39; O’Connor’s Commentary, chs. 3.F, 5.C.4 (The problem set on pp. 22-23 is homework that must be turned in within one week if you wish me to grade it and return it to you.)
Final Exam Schedule: 12/20 2-5:30pm 209 BLB
This course will have:
Satisfies Skills Course Requirement: No
Satisfies Senior Upper Level Writing Requirement: No