Civil Procedure

Fall 2023 


Required Materials 

(1) Joseph W. Glannon, Andrew M. Perlman, and Peter Raven-Hansen, Civil Procedure: A Coursebook, Fourth Edition (2021)

(2) The authors' July 2023 supplement update and other materials distributed to you via USD's Blackboard; and (3) provisions in the following laws: 

Optional Materials

(1) Joseph W. Glannon, Examples and Explanations for Civil Procedure, Ninth Edition, ISBN: 9781543839333 (2023) (hypothetical questions and explanations of the answers).

(2) Joseph W. Glannon, Andrew M. Perlman, and Linda Sandstrom Simard, PracticePerfect Civil Procedure, ISBN 9781543817317 (interactive study aid from Aspen Publishing with videos, illustrative examples, and practice questions).

Reading Assignments

I. Introduction

8/21: Pages 3-40 of the Glannon coursebook and (1) U.S. Constitution Article I, Section 8, Clause 9 (“To constitute tribunals...”) and Article III, Section 1 (Judicial Power Vested); (2) 28 U.S.C. §§ 1, 41, 84, 2072; and (3) Federal Rules of Civil Procedure 1, 79, 81 [Note: click on the links above to find (1)-(3)]

II. Subject Matter Jurisdiction

8/23: Pages 43-74 of the Glannon coursebook and page 2 of the July 2023 supplement for chapter 3 (diversity jurisdiction in federal courts), and 

8/28: CB 74-108 of chapters 3-4 (diversity jurisdiction cont’d; federal question jurisdiction) and

8/30: CB 108-144 of chapters 4-5 (federal question jurisdiction cont’d; removal of cases from state to federal court) and

9/4 (Monday): Labor Day Holiday - no class

III. Personal Jurisdiction

9/6: CB 147-178 of chapter 6 (evolution of personal jurisdiction); CB 309-317 (skip note 3) and CB 323(IV)-327 of chapter 9 (long arm statutes); Pages 25-26 of Glannon July 2023 supplement (long arm statutes) and

9/11: CB 179-216(E) of chapter 7 (specific in personam jurisdiction)

9/13: Pages 3-21 of Glannon July 2023 supplement; CB 237(B)-246 of chapter 7 (specific in personam jurisdiction)

9/18: CB 251-267, 288(IV)-303(V), 306-308 of chapter 8 (other constitutional bases for personal jurisdiction); Pages 22-24 of Glannon July 2023 supplement

IV. Venue 

9/20: CB 329-330(II), 339-350(IV), 360(start at note 6)-365 of chapter 10 (constitutional requirements of notice and service of process; CB 369-378(IV), 383(V)-385 of chapter 11 (basic venue)

9/25: CB 387-417 of chapter 12 (challenges to venue); CB 421-423, 429-430, and 435-437 (read notes 6 and 7) of chapter 13 (basic pleading); and

V. Pleading

9/27: CB 439 (note 10) - 476 of chapter 13 (basic pleading)

10/2: CB 477-512 of chapter 14 (responding to the complaint); Review the 2022 midterm questions included at the end of the 9/27 PowerPoint slides posted on Blackboard

10/4: Midterm during our regular class time period

10/9: CB 513-19; 526-27 of chapter 14 (responding to the complaint); CB 529-552 of chapter 15 (care and candor in pleading); Optional reading for potential litigators: CB 520-526 (examples of common pleading errors)

10/11: CB 553-567(IV); 574(V)-598 of chapter 16 (amending pleadings)

VI. Joinder and Supplemental Jurisdiction

10/16: CB 601-639 of chapter 17 (joinder of claims and parties); Page 27 of Glannon July 2023 supplement; and 

10/18: Class cancelled - makeup class will be held on Saturday, Nov. 4 at 2 pm on Zoom

10/23: CB 672-673 of chapter 18 (complex joinder); CB 709-710 of chapter 19 (class actions); CB 711-745 of chapter 20 (supplemental jurisdiction)

VII. Discovery

10/25: CB 749-750, 760-763, and 796-97 of chapter 21 (informal investigation and the scope of discovery); CB 799-817, 831-839, 845-847 of chapter 22 (discovery tools) 

VIII. Choice of Law

10/30: CB 871-900 and 909 of chapter 24 (state law in federal courts: the Erie doctrine); CB 949-950 of chapter 25 (substance and procedure under Erie)

IV. Trial and Pretrial

11/1: CB 969-1005 of chapter 27 (dispositions without trial)

11/4 from 2-3:50 pm (Saturday makeup class on Zoom; attendance is optional, participation is voluntary; if you do not attend live you must watch the recording before class on 11/6): CB 1006-1017 of chapter 27 (dispositions without trial); CB 1053-1082 of chapter 29 (judgment as a matter of law); CB 1052 of chapter 28 (right to a jury trial: summary); CB 1107-1108 of chapter 30 (controlling the jury: summary)

11/6: CB 1109-1126 and CB 1138-1139 of chapter 31 (new trial and relief from judgment); CB 1143-1155 of chapter 32 (appeals)

X. After Final Judgment

11/8: Class is cancelled so you can attend USD's Careers in Law event from 5-7:30 pm at the Hahn University Center. To makeup this class: listen to the oral argument (or read the transcript) in a Supreme Court case from October or early November and prepare a written report (at least one paragraph and no longer than one page) that includes the issue(s) in the case, at least one Justice's question and attorney's answer you found interesting (you can summarize this exchange or include the exact language), and a few sentences about how you think the Court might rule based on questions of the Justices asked during oral argument and/or the effectiveness of the attorneys' oral arguments. Bring a printed copy of your written report with you to class on 11/13 and on 11/13 I will randomly ask a few students to talk about the oral arguments in their case. I will collect the printed reports at the end of class to confirm you completed this assignment. If you will be absent on 11/13, please send me a copy of your written report by email before class on 11/13.

11/13: CB 1155-1188 of chapter 32 (appeals)

11/15: CB 1189-1221 of chapter 33 (claim preclusion)

11/20: CB 1223-1244 of chapter 34 (issue preclusion)

11/22: Thanksgiving holiday - no class

11/27: CB 1244-1263 of chapter 34 (issue preclusion)

11/29: Review - be prepared to discuss the answer to the two practice essay questions I provided to you on 11/15. This is not required, but before class consider writing up an essay answer to each of the two essay questions. To recreate exam conditions, study for the exam first, and then -- without looking at your book, notes, or outlines - spend 45-60 minutes on each question.