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 7.

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 Assessments.

Have a look at this short order and the parties' response. These illustrate the professional obligations attorneys carry into the litigation process and that you carry into this course.

Finally, to get you in the mood: This video is an FIU creative project from Spring 2024. After the jump are two additional videos: One is a creative project from Spring 2025; the other is 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 all three songs by the end of the course.

Syllabus and Assessments

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

I will answer questions about both during the first few minutes of the second class meeting on Wednesday, January 14.

Good Writing and Talking Procedure

This is a writing-intensive course--you will write three 1000-word essays over the course of the class.

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 and requirements for both. I expect you to abide by 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 7, 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 Wednesday, January 14, 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 7.

Class Meetings: Due to work-related travel, we will not hold class on the following days. We will discuss during the first class about how we will handle make-ups. My apologies in advance for the inconvenience; this is all FIU-related and unavoidable.

• Thursday, January 8-Friday, January 9

• Thursday, February 5-Friday, February 6

• Friday, February 13 (tentative) 

• Thursday, March 19-Friday, March 20 

 Required Materials: You must have print versions for all materials. You can get the pleading packets from the boxes outside my office.

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 (2025 ed.) (Compiled by Kevin M. Clermont) (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 Supplemental Materials post.

 

 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.  

Plagiarism Policy

Do not.

 AI Policy

Do not.

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

Locating Assignments:

We work 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 (Leading Cases) 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 should be downloaded from the Supplemental Materials post.

Book and page numbers are in parentheses after each assigned case in Leading Cases. Provisions are found in the relevant Part of the FRCP book. Items found in the Supplemental Materials are indicated as Blog.

 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 class (Wednesday, January 7) after the jump.