Fall 2013
5406 Procedure - HOFFMANL- 12415

Professor(s): Lonny Hoffman (FACULTY)

Credits: 4

Course Areas: 1st Year - Section B 

Time: T= 9:00a-10:20a  WF= 10:30a-11:50aLocation: 240 BLB 

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

Course Notes:   You do not have to buy a casebook for this class. Instead, I have prepared course materials for you. These are listed as “CM” in the syllabus. The full syllabus will be handed out on the first day of class. An electronic copy can also be found on my webpage, http://www.law.uh.edu/faculty/main.asp?PID=179. The course materials will be available from the copy center in the law school's basement, just on the other side of the commons from Subway. The copy center phone is (713) 743-2193. If you have any problem locating the materials, contact my assistant, Maria Lopez (mslopez2@central.uh.edu).

You also will need access to the procedural rules and statutes that govern federal civil cases. One option is to buy the rulebook that I’ve reserved in the UH bookstore: West Publishing:  Federal Rules of Civil Procedure, 2013-2014 Educational Edition, ISBN No. 9780314658418. Other published versions of rulebooks will also do if you find one for less. Just be sure to get a book current at least as of December 2011 (when a number of significant statutory changes became effective). However, an alternative to buying any book (used or new) is to access the rules and statutes online. There are several sites you can use, such as http://www.law.cornell.edu/rules/frcp/. The rules are also available at http://www.uscourts.gov/uscourts/rules/civil-procedure.pdf. Although we will not spend much time on them, the most recent rule changes (to be effective December 1, 2013) are available at http://www.gpo.gov/fdsys/pkg/CDOC-113hdoc29/pdf/CDOC-113hdoc29.pdf. Currently enacted statutes can be found in numerous places, such as www.law.cornell.edu/uscode/text. Another good site to use to find relevant procedural statutes is http://uscode.house.gov/search/prevcode.shtml because it provides links both to the current version of the U.S. Code, as well as to prior enacted versions (which is helpful when one is comparing changes made over time).

Prerequisites:  

First Day Assignments: For the First Class (August 27). In advance of our Aug 27 class read:

-Excerpts from Mary Brigid McManamon, The History of the Civil Procedure Course: A Study in Evolving Pedagogy (CM 3-8), article also publicly available at http://works.bepress.com/mary_brigid_mcmanamon/1/

-Excerpts from Paul MacMahon, Proceduralism, Civil Justice and American Legal Thought (CM 9-10), article also publicly available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2279153

-Lonny Hoffman, A Parting Reprise (CM 11-25), article also publicly available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=898240

-Optional additional assignment in advance of Aug 27 class: Watch Full Faith and Credit, video by Columbia Law Review students, at http://www.youtube.com/watch?v=0XgObo75Y0Q (warning: if this were a movie, it would likely be given an R rating).

Final Exam Schedule: 12/16 1-5pm  209 BLB  213 BLB  

This course will have:
Exam:
Paper:

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