Civil Pretrial Proceedings - Foley


Course Title

Civil Pretrial Proceedings



First Assignment

1.  The first assignment for the course is Mauet, Pretrial, Eighth Edition, Aspen Publishers, Inc. (2012), pages 1-117 

2.  I will be dividing the class into separate groups for Plaintiff and Defendant.  Once you are assigned a party, I will give you additional materials that are not known to the other side.  Your job is two-fold.  First, you must discover what is in the opposing side’s materials through discovery (Interrogatories, Requests for Production of Documents, Admissions, Depositions, etc.).  Second, you are required to respond to the opposing party’s discovery producing any documents if specifically requested.  If the opposing party’s request is broad, lazy or not concise, you are permitted to fashion your response to protect your materials.  However, if asked a direct question, you must respond.  Your grade will increase based on the amount of opposing party’s material you discover and the amount of your material you protected from the opposing party’s discovery.  You will lose points for material not discovered from opposing counsel and equally as important, material that is improperly withheld that will subject you to sanctions from the Court for failure to comply with discovery.  This section will teach you to make precise discovery requests and ask precise questions in depositions.  It will also teach you the importance of ethically responding to discovery while still vigorously representing your client.

3.   The required book for Pretrial Practice is:

A.    Mauet, Pretrial, Eighth Edition, Aspen Publishers, Inc. (2012), ISBN 9781454803034 

B.   National Institute of Trial Advocacy (NITA) case file:  Fulbright v. Americraft Industries & Parker, ISBN 9781601560544