On Wednesday, November 19, Professor Craig gave a lecture overview of discovery in federal courts. You may access that lecture here: Day37_CivPro_Fall2008.mp3.

On Tuesday, November 18, the class finished its discussion of joinder with intervention as of right, Rule 24(a); permissive intervention, Rule 24(b); and interpleader, both Rule 22 and statutory. You may access that discussion here: Day36_CivPro_Fall2008.mp3.

On Monday, November 17, the class continued its discussion of joinder with F.R.C.P. 19 and the test for necessary and indispensable parties, including two cases and two hypos. We then began our discussion of Rule 24 intervention. You can access that discussion here: Day35_CivPro_Fall2008.mp3

On Wednesday, November 12, the class resumed its discussion of joinder after the Veterans Day holiday. We covered permissive joinder of parties under FRCP 20, the follow-up rules in FRCP 21 and FRCP 25, and the rules regarding impleader (third-party pratice) in FRCP 14, plus the implications of FRCP 20 and FRCP 14 for subject matter jurisdiction. You can access that discussion here: Day34_CivPro_Fall2008.mp3.

On Monday, November 10, the class finished its discussion of Rule 13, including the relationship between counterclaims and cross-claims to supplemental jurisdiction. We then began our discussion of joinder of parties with Rule 20 and permissive joinder of parties. You can access that discussion here: Day33_CivPro_Fall2008.mp3.

On Wednesday, November 5, the class completed its discussion of pleadings with the topic of pleading amendments and Rule 15. This discussion covered both the general rules government pleading amendments and the relation-back doctrine in Rule 15(c). The class then began its discussion of joinder by looking at joinder of claims under Rule 18, the res judicata doctrine, and the basics of Rule 13 counterclaims. You can access that discussion here: Day32_CivPro_Fall2008.mp3.

On Tuesday, November 4, the class quickly finished its discussion of Rule 12(h) waivers through the last two hypotheticals, then explored the rules governing answers, emphasizing denials and affirmative defenses. At the very end of class, we began looking at Rule 15 amendments to the pleadings. You can access that discussion here: Day31_CivPro_Fall2008.mp3.

Still a bit behind schedule, on Monday, November 3, the class almost finished its discussion of Rule 12, including the Rule 12 motions and the Rule 12(h) waiver provisions. You can access that class discussion here: Day30_CivPro_Fall2008.mp3.

On Wednesday, October 29, the class continued its discussion of pleadings. You can access that discussion here: Day29_CivPro_Fall2008.mp3.

NOTE: The recorder failed to record the class discussion for Monday, October 27.

On Tuesday, October 28, the class began with a discussion of the final exam, including date, time, materials allowed, and exam taking strategies. The class then finished its discussion of the Supreme Court's pleading decision in Twombley before moving on to a pleading problem and a review of the requirements for heightened pleading. You can access that discussion here: Day28_CivPro_Fall2008.mp3.

On Wednesday, October 22, Professor Craig lectured on the progressive developments of the Erie doctrine, including the York "outcome determinative" test for distinguishing substantive and procedural issues and the Supreme Court's treatment of the Federal Rules of Civil Procedure in the Erie analysis. You may access that lecture here: Day26_CivPro_Fall2008.mp3.

On Tuesday, October 21, the class began its discussion of the Erie doctrine with an overview of when the doctrine applies, the source of the doctrine in the Rules of Decision Act, and Professor Craig's review of the Supreme Court's decision in Swift v. Tyson, which Erie overruled. We then discussed the Erie case itself and the issues that follow from Erie -- the choice-of-law rules about WHICH state's law to apply and the process of figuring out what the state's law is. Class discussion ended with the beginnings of an Erie flow chart. You can access that discussion here: Day25_CivPro_Fall2008.mp3.

On Monday, October 20, after two days of cancelled class, the class finished its discussion of venue with the doctrine of forum non conveniens and the Piper Aircraft case, emphasizing the discretionary balancing of private and public factors and the weight to be given to the plaintiff's choice of forum. You can access that discussion here: Day24_CivPro_Fall2008.mp3.

On Monday, October 13, the class discussed trasnfer of venue, focusing on the meaning of Section 1404 and the factors that courts should consider. You may access that discussion here: Day23_CivPro_Fall2008.mp3.

NOTE: Unfortunately, the battery ran dead on Wednesday, October 8, so there will be no post for that day.

In the make-up class on Thursday, October 8, the class finished the procedural details of removal, then moved on venue, covering the basic venue issues under Section 1391. You can access that discussion here: Day22_CivPro_Fall2008.mp3.