I. Federal courts | 2:00pm – 2:15pm
A. U.S Supreme Court
B. 11 Courts of Appeal and the D.C. Circuit
C. U.S. District Courts for various Districts within each Circuit
II. Pleadings | 2:15pm – 3:00pm
1. Service within 20 days; waiver of service
2. Fraud – Fed. R. Civ. P. 9
a. Must be pled with specificity
3. Notice Pleading applies to all other claims – Fed. R. Civ. P. 8
a. Twombley/Iqbal Plausibility standard
b. Pleading for evidence/discovery
1. If removing based on diversity jurisdiction, be aware of the forum defendant rule
a. Based on a “paper”
b. 30/1 rule
1. Most commonly motion under Fed. R. Civ. P. 12(b)
1. Must be filed within 20 days, unless either an extension of time is granted, or service waived, and 60 days is operative
E. Counterclaims Fed. R. Civ. P. 13
3. Entire controversy rule
Break | 3:00pm – 3:10pm
III. Discovery | 3:10pm – 3:30 pm
A. Fed. R. Civ. P. amended in Dec. 2015, so that now proportionality is the second part of discoverability
B. Interrogatories Fed. R. Civ. P. 34
1. Limited to 25, including subparts, but you do not have to serve all 25 at once.
2. Interrogatory answers must be signed, even though pleadings do not.
C. Requests for Production of Documents Fed. R. Civ. P. 34
D. Depositions Fed. R. Civ. P. 30
E. Request for Admissions
1. Can be a really useful tool following depositions
2. Can only be served on parties
F. How to Enforce Discovery obligations/ Seek Protective Order?
1. Telephone call or Formal Motion?
2. Read the Judge’s policies and procedures!!!
G. Subpoenas Fed. R. Civ. P. 45
1. Ad Testificandum or Duces Tecum only within 100 miles of the Courthouse.
2. Can be served on parties or non-parties, but the only way to get information from non-parties
IV. Settlement/Mediation/Arbitration/Pre-Trial | 3:30pm – 4:10pm
1. In Federal Court, all cases seeking $150,000 or less are arbitrated first. The arbitration award can be appealed de novo within 30 days.
Break | 4:10pm – 4:20pm
V. Motion Practice | 4:20pm – 4:40pm
A. Attempt to resolve the issue
B. Read the judge’s policies and procedures – is a formal motion to be filed on the docket, or simply sent to the target and a copy given to the judge?
VI. Trial | 4:40pm – 5:10pm
A. Read the Judge’s policies and procedures!!!
B. What/how are exhibits to be presented?
C. Where are you supposed to stand?
D. Are you allowed to approach the jury?
VII. Post-trial | 5:10pm – 5:20pm