Welcome to Civil Procedure

Welcome to Civil Procedure and the Civil Procedure Blog. Below are multiple posts you must read and follow prior to our first class meeting on Wednesday, January 8.

All classes will be recorded and posted to the Civil Procedure Blog. 

To read the blog, go to http://fiucivpro.blogspot.com/; posts can be read going down from most recent to least recent. Please review the Syllabus and Semester Assessments post.

Have a look at this short order on professional obligations within litigation.

Finally, to get you in the mood: Here is a video from two prior FIU students (this was their creative project) and after the jump a video from a student at Indiana University-Indianapolis (posted with his permission). You likely will not know what they are singing about; I promise you that you will understand both songs by the end of the course.

Syllabus and Semester Assessments

Review the Syllabus, containing complete information on the course and all assignments and materials, and Semester Assessments, describing the five assessments for the semester.

I will answer questions about both during the first few minutes of the second class on Thursday, January 9.

Good Writing and Talking Procedure

This is a writing-intensive course. You will write one 1000-word essay and a short-answer essay exam.

And you will talk  about the law throughout the semester. Although I do not care about formal bluebooking, I care about your writing and analysis and how you talk and write about courts and procedure--that you do so properly and not with the (inaccurate) informality you often see.

After the jump are tips on both. I expect you to  these (it will improve your papers), especially as to how you cite rules and statutes and how you talk about courts.

Name Cards and Seating

At our first meeting on Wednesday, January 8, everyone will receive a tent card with their names. You are responsible for keeping that card and having it with you at every class throughout the full semester. Please do not lose and have with you in every class.

At our second meeting on Thursday, January 9, I will circulate a seating chart; that is where you will be for the semester.

Supplemental Materials

After the jump are additional materials to be downloaded and printed for the class. These are indicated by Blog in the Syllabus.

Course Materials and First-Week Assignments

Here is what you need to know for the first class on Wednesday, January 8. The assignments for the first 1 1/2 classes are posted after the jump. The Syllabus and Semester Assessments are in a separate post. I will answer questions about the syllabus at the beginning of the second class on Thursday, January 9.

Required Materials:

Please note that you must have the print version for all materials.

1) Linda S. Mullenix, Leading Cases In Civil Procedure (West 4th ed. 2022)

2) Joseph Glannon, The Glannon Guide to Civil Procedure (Wolters-Kluwer 5th ed. 2023)

3) Federal Rules Of Civil Procedure (2024 ed.) (Compiled by Kevin M. Clermont)

   Note: Yes, you must use the most recent version of the rules

4) Pleadings (available outside my office; pick up prior to first class)

5) Civil Procedure Blog: http://fiucivpro.blogspot.com (indicated in syllabus), especially Additional Materials.

 

Technology and Class Conduct

 

Use of laptops, tablets, smart phones, and similar devices during class is prohibited, unless granted permission. Phones must be turned off when you come into the classroom. 

The use of ChatGPT and other generative AI or LLM programs for written assignments is prohibited. 

 

Plagiarism Policy

Just don't. 

 

Locating Assignments:

 

We will be working with several materials from different sources and places. This is unavoidable. Please bring all assigned materials to class on the appropriate day.

 

Unless otherwise indicated, assigned cases are in Leading Cases in Civil Procedure; commentary, detail, elaboration, explanation, and examples are in Glannon’s Guide (“Glannon”). Rules, Statutes (from Title 28 of the United States Code), constitutional provisions, and legislative history can be found in Federal Rules of Civil Procedure, unless indicated otherwise:

 

      • Part 2: Federal Rules of Civil Procedure (without committee notes)

      • Part 3: Advisory Committee Notes from past amendments to FRCP

      • Part 5: Selected provisions of the U.S. Constitution and procedural statutes from 28 U.S.C.

      • Part 7: Sample Local Rules of Civil Procedure

 

Additional assigned cases, articles, statutes, rules, and other materials will be downloaded from the Blog, in the Supplemental Materials post.

 

Book and page numbers are in parentheses after each assigned case in Mullenix. Provisions are found in the relevant Part of the FRCP book. Items found on the Blog (in Supplemental Materials) are indicate

 

Sample Pleadings are in the bound supplement, available outside my office.

 

You must have your FRCP pamphlet with you and open on your desk in every class. You must have any assigned statutes, provisions, cases, or documents with you and open on your desk in every class.

Assignments for the first classes after the jump.