CIVIL PROCEDURE § 1
Spring 2015
Room 355B
MTWTh
10:00 AM
Professor Page, Room 312D; Office hours: 4-5 T-Th (usually), or by appointment.
Email: page@law.ufl.edu
Telephone: 273-0929.
1. Coverage. This course examines the rules, statutes, and constitutional principles that
govern how courts (especially the United States District Courts) resolve civil claims asserting
substantive rights. The organization of the course is roughly chronological, beginning with the
decision whether to sue in state or federal court, then working through the stages of litigation until
we reach the final judgment. There’s a concluding section on joinder and class actions that’s out
of chronological order.
2.
Assigned Texts. The assignments are to STEPHEN C. YEAZELL, CIVIL PROCEDURE (8th
ed. 2012) and to the 2014 supplement, which contains the Federal Rules of Civil Procedure, federal
jurisdictional and procedural statutes, the Constitution, and some updates of the casebook .
3.
Outside Reading. There are many study aids for this subject, but I especially
recommend JOSEPH W. GLANNON, CIVIL PROCEDURE: EXAMPLES & EXPLANATIONS (ASPEN 7TH
ED. 2013).
4.
Amendments to the Syllabus. I know from experience that we will, at some point, fall
behind the assigned readings in class. When this occurs, please read at least 2 assignments ahead
of wherever we stop, and be prepared to discuss that material. I’ve left a number of class periods
at the end to complete the syllabus. I will amend the syllabus if it becomes obvious we won’t cover
it all.
5.
Final Exam and Grade.
a. Timing and Coverage. The grade will be based on a final exam, which is scheduled for
Monday, May 1 at 1:00 pm. The exam will be three hours, and will test only topics on the syllabus,
as amended. If you need an accommodation (e.g., a delay or extra time), you must fill out the
appropriate paperwork in the Student Affairs office ahead of time.
The exam is graded subject to a mandatory class mean established by the faculty. Grades
will follow the University grade scale, which includes plus and minus grades. I may increase exam
grades based upon active and informed class participation.
b. Writing the Exam. You may take the exam either by writing your answers in blue books
or by typing your answers on your computer using ExamSoft software provided through Student
Affairs.
c. Materials Allowed. The only materials you will be allowed to bring to the exam will be
the 2014 supplement and any marginal annotations or tabs you have added to it. I encourage you
to make annotations, cross-references, tabs, etc., in the supplement, but they must be handwritten
and relevant to material on the page on which they appear. You may not insert new pages, white
out any printed text, or write on blank pages.
6.
Absences. If you’re going to be absent or unprepared for any class, let me know ahead
of time by email. Also let me know if you are not prepared for a particular class. If you have more
than 4 unexcused absences, your grade may suffer.
7.
Classroom Civility. During class, do not (a) sign onto the Internet or the law school
network for any reason, including web surfing and email; (b) send or receive messages on cell
phones (other than UF emergency announcements by text message), or any other electronic device;
or (c) play any games on your computer, phone, or any other device. All if these activities are
disrespectful to the class. They are also a distraction to you and the students around you and a
violation of College rules.
8.
TWEN Site. There is a course TWEN site at http://lawschool.westlaw.com/twen/,
which you can access with your Westlaw password. Please sign onto the site soon.
Class
1
1/5
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
1/6
1/7
1/8
1/12
1/13
1/14
1/15
1/20
1/21
1/22
1/26
1/27
1/28
1/29
2/2
2/3
2/4
19
2/5
20
21
22
23
24
2/9
2/10
2/11
2/12
2/16
25
2/17
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
2/18
2/19
2/23
2/24
2/25
2/26
3/9
3/10
3/11
3/12
3/16
3/17
3/18
3/19
3/23
3/24
3/25
3/26
3/30
3/31
4/1
4/2
Topic
Overview: Jurisdiction, Venue, and
Service Of Process
Pleading
Joinder
Discovery
Summary Judgment and Trial
Judgments
Appeals
Personal Jurisdiction: Pennoyer
International Shoe
Long-Arm Statutes
McGee, Hanson, Shaffer
World-Wide Volkswagen
Burger King, Pavlovich, McIntyre
Daimler
Burnham, Carnival
Notice and Service of Process
Venue
Transfer & Forum Non Conveniens
Subject Matter Jurisdiction:
Federal Question Jurisdiction
Diversity Jurisdiction
Supplemental Jurisdiction
Removal
The Erie Doctrine; Hanna
Remedies: Damages
Injunctions & Declaratory
Judgments
Pleading: History and Functions
Modern Federal Pleading
Special Claims; Allocating Elements
Ethical Limitations
Responding to the Complaint: Motions
Answers
Amendments
Discovery & Disclosure: Scope
Methods
Electronic Discovery
Privilege & Work Product
Expert Information
Sanctions
Dispositions: Default & Dismissals
Summary Judgment
Right to Jury Trial
Judgment as a Matter of Law
Post-Trial Motion for New Trial
Preclusion: Res Judicata
Res Judicata
Collateral Estoppel
Collateral Estoppel
2
Assignment
YEAZELL Pages 1-12; U.S. Const. Art. III; 28
U.S.C. §§1331 & 1332
12-26; skim FED. R. CIV. P. 7-15
26-29; skim FRCP 18-24
29-35; skim FRCP 26-37
35-46; skim FRCP 56, 38, 50
46-52; skim FRCP 54, 55, 58, 60
52-58; 28 U.S.C. §§ 1291 & 1292(b)
59-79
79-89
170-74
89-103
103-12
112-31
Supplement pp. 415-24
139-54
154-69; FRCP 4
Supp. 424-31; 28 U.S.C. § 1391
180-88; Supp. 431-35; 28 U.S.C. § 1404
191-206; 28 U.S.C. § 1331
207-221; 28 U.S.C. § 1332
221-29; 23 U.S.C. § 1337
229-38; 28 U.S.C. § 1441
258-66; Handout
304-15; FRCP 65
365-84; FRCP 8 & 12
384-401
401-13
413-26; FRCP 11
436-32; FRCP 12
432-42
443-56; FRCP 15
457-69
469-87; FRCP 16, 30-37
Handout
487-97
497-508
508-22
523-31; FRCP 41-55
581-96; FRCP 56
607-15; FRCP 38
597-607; 646-56; FRCP 50
656-64; FRCP 59
715-35
735-48
746-57
757-72
48
4/6
49
4/7
50
51
52
53
54
55
56
4/8
4/9
4/13
4/14
4/15
4/16
4/20
Joinder: Joinder of Claims
Permissive Joinder of Parties & 3d
Party Claims
More Complex Joinder
Compulsory Joinder
Class Actions
3
793-806; 28 U.S.C. § 1367; FRCP 18 & 13
806-18; FRCP 20 & 14
818-29
829-39; FRCP 19
FRCP 23