Adjunct Professor: Jeffrey Feltman · PRETRIAL ADVOCACY – Spring Semester 2013 LAW 521-3 Section 001 Room 206 Mondays and Wednesdays 5:00-6:15 p.m. Adjunct Professor: Jeffrey Feltman

PRETRIAL ADVOCACY – Spring Semester 2013 LAW 521-3 Section 001 Room 206

Mondays and Wednesdays 5:00-6:15 p.m. Adjunct Professor: Jeffrey Feltman ---

Email: [email protected] (Put “Pretrial Fall 2013” in the subject line)

Emergency Procedures. Southern Illinois University Carbondale is committed to providing a safe and healthy environment for study and work. because some health and safety circumstances are beyond our control, we ask that you become familiar with the SIUC emergency Response Plan and Building Emergency Response Team (BERT) program. Emergency response information is available on posters in buildings on campus, available on BERT's website at www.bert.siu.edu, Department of Safety’s website www.dps.siu.edu (disaster drop down) and in Emergency Response Guideline pamphlet. Know how to respond to each type of emergency. Instructors will provide guidance and direction to students in the classroom in the event of an emergency affecting your location. It is important that you follow these instructions and stay with your instructor during an evacuation or sheltering emergency. The Building Emergency Response Team will provide assistance to your instructor in evacuating the building or sheltering within the facility.

PROVISIONAL SYLLABUS,

RULES OF THE CLASS, AND WEEKLY ASSIGNMENTS –

This course exposes the student to pre-trial advocacy techniques in the context of a civil case. This course will NOT provide exposure to ANY criminal case pre-trial procedures.

Required Text: Haydock, Herr & Stempel, Fundamentals of Pretrial Litigation (Current or previous Ed.)

Federal Rules of Civil Procedure (FRCP)

Local Rules of the U.S. District Court for the Southern District of Illinois (LRSD)

Illinois Code of Civil Procedure and Court Rules (ICCP)

Local Rules for the 1st 2nd 4th and 20th Circuits of Illinois (LCR)

Additional Texts:

Illinois Rules of Professional Conduct (RPC)

Additional Resources:

You may, at your own risk, use any IICLE or other form book available in the library. If you choose to rely on one of these documents, it is your sole responsibility to determine that the form does not contain language which is no longer the law in the jurisdiction designated for the specific assignment. If your filed document contains language that is no longer the law in the jurisdiction, you will receive a zero for that assignment…(see Rule 3.o for a discussion of the grading policies).

Required Software

You will need Adobe Acrobat reader which is a free document reader. It is available at www.adobe.com/products/acrobat/readstep2.html .

You will need a method of preparing .pdf files for filing (see Rule 1.0). WordPerfect and WORD have native .pdf file production functions built into the software. Software to convert Works documents is available either for minimal $$ or for free on line (e.g. www.pdfonline.com or http://www.freepdfconvert.com/ . Finally, almost all scanning software allows you save the documents as a .pdf file

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This class is Pass/Fail. There is no final exam There are two email accounts for the class:

Filings are to be mailed as pdf files to: [email protected] see “FILING WRITTEN ASSIGNMENTS” below.

Questions are to be mailed to: [email protected] (Put “Pretrial Fall 2013” in the subject line). Video and Audio Recording Policies: Classes may be video/audio recorded periodically throughout the semester. If you want a particular class recorded you must make arrangements through the IT department after getting authorization from me. I will announce in class when a class is being recorded.

Professor’s class philosophy: Learn this stuff now in a safe environment. This will be a safe environment in which zealous advocacy will never give way to hostility or belligerence. Once you enter the legal community as an associate or a solo-practitioner, you will see why I am being so tough on you and requiring so much from you. I believe, to my core, that the pre-trial period is the most difficult and demanding part of a lawyer’s job. It is not, in the least, glamorous or sexy. I am here to help you impress the people you will be working for and with later, feel free to ask for help, but understand that sometimes my answer will be something like “you can find that information (insert place).” Thanks for your attention and here’s to us having a great semester.

Rules of the Class 1.0 Written Assignments

This class is writing intensive. Assignments, pleadings, notices, certificates of service, motions or other documents are to be filed with the Court (me) electronically at my pretrial document email address ([email protected]). All assignments are to be filed as pdf files. Almost all federal courts are either currently requiring or moving to requiring filings in pdf format. By filing .pdf files electronically, I can verify that you filed on time. By filing .pdf files electronically you have a record that I received the document on or before the deadline without having to rely on any third party, and finally, that I have received a copy of the document in a form that I can read as you intended it to be read.

There will be no deviation from this filing rule so please save us both the embarrassment of asking to turn in your assignment in a different form. If you are unfamiliar with Adobe document production, please do the appropriate research before the start of class. No extensions of time will be granted because you do not know how to generate or attach .pdf files to emails.

Certain documents will be required to be served on opposing counsel. Service may be accomplished by either putting a printed copy of the document in the mail file of opposing counsel or, if opposing counsel agrees, you may electronically serve the document. All agreements to electronic service are to be in writing and available if a dispute arises. In all cases, certificates of service are to be filed with the Court (me) in the form required and according to the rules of the jurisdiction designated for the specific assignment.

1.1 All assignments and other filings shall be filed according to Rule 1.0 AND on time.

1.1.01 Failure to timely file will result in a zero (see Rule 3.0 for explanations of grading policies).

1.1.02 A timely filed motion for an extension of time may result in the assignment receiving either a satisfactory grade or a minus (see Rule 3.0 for explanations of grading policies).

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1.1.02.1 Timely Filing of a Motion for an Extension of Time: A motion for an extension of time, in order to be considered, must be filed according to Rule 1.o AND must be filed no later than 24 hours PRIOR to the time at which the assignment is due.

1.1.02.2 Grants of Motions for an Extension of Time are discretionary except in those circumstances which result in an excused absence as of right. (Rule 2.2.1).

1.1.02.3 Motions for extensions of time are to be made according to Rule 1.0 except that they are to be made ex parte ; are exempt from service on the opposing law firm and do not require adherence to rule 1.2.

1.2 All court filings shall have an accompanying certificate or proof of service attached or appended.

1.3 All court filings requiring signatures shall contain an e-signature in the form “ s/ Jeffrey M. Feltman.”

2.0 Attendance – Because of the participation intensive structure of this class, the following attendance rules apply:

2.1 Unexcused Absences

2.1.1 Any unexcused absence from a scheduled hearing, deposition or other practical exercise results in a failing grade.

2.1.2 More than three unexcused absences results in a failing grade.

2.2 Excused absences may be obtained by petitioning the court (me) in writing and filing that petition according Rule 1.0 except: the petition is to be made ex parte, is exempt from service on the opposing law firm, and does not require adherence to rule 1.2.

2.2.1 Excusals as of Right: religious requirements, childbirth (either student, spouse, mother, daughter or daughter-in-law of student), injury, illness, and/or illness, injury, death or funeral within the immediate family (spouse, child, sibling, parent, or grandparent). For the purpose of this class, and life in general, hangovers are not illnesses.

2.2.2 Discretionary Excusal: other than as listed in Rule 2.2.1, excused absences will be granted at the discretion of the court (me).

3.0 Grading 3.1 This is not the real world and since that is the case your evaluation (grade) is

independent of the result you achieve for your client, unless of course, your performance is the law school equivalent of malpractice…….

3.2 This is a writing and drafting class and therefore your grade is the result of my appraisal of your work…. This IS similar to the real world where the judge makes a subjective appraisal of your work, it is dissimilar in the fact that, other than “motions for leave to amend” and “motions for reconsideration” (see Rule 3.5), there is no appeal.

3.3 Grades for assignments are checks, minuses, and zeros.

3.3.1 If all assignments receive a check, the final grade will be a passing grade.

3.3.2 Two un-remediated minuses are the equivalent of a zero.

3.3.3 An un-remediated zero results in a failing grade. (see Rule 3.5).

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3.3.4 Unprofessional behavior (violation of any rule of professional conduct or violation of Law School rules) will receive a failing grade.

3.4 Grades are based on the following criteria:

3.4.1 Assignments which are timely filed or completed and contain “substantially acceptable content” are deemed “Satisfactory” and receive a checkmark.

3.4.1.1 Substantially acceptable content shall mean a filing or completion of an exercise which contains:

3.4.1.1.1 no errors in legal theory;

3.4.1.1.2 no errors in form;

3.4.1.1.3 no factual allegation errors;

3.4.1.1.4 no factual omissions;

3.4.1.1.5 few, if any, formatting errors;

3.4.1.1.6 no significant spelling or grammatical errors.

3.4.2 An assignment which is timely filed or completed but deemed “Unsatisfactory” receive a minus. The grade may be remediated according to Rule 3.5.1.

3.4.3 Otherwise satisfactory assignments or exercises which are properly filed or completed late (no more than 24 hours after the required filing date) but for which no extension has been granted (see Rule 1.1.02) will receive a minus. The grade may be remediated according to Rule 3.5.2.

3.4.4 Assignments which are not properly filed or completed will result in a zero. The grade may be remediated according to Rule 3.5.3.

3.5 Remediation of Minuses and Zeros.

3.5.1 An Assignment deemed unsatisfactory but timely filed may be amended and reconsidered. A proposed amended document may be filed with the court (me) along with a Motion for Leave to Amend and a proposed Order granting the motion.

3.5.1.1 The motion and proposed order are to be filed according Rule 1.0 except that they are to be made ex parte; are exempt from service on the opposing law firm and do not require adherence to rule 1.2.

3.5.1.2 The Order will contain a blank on which, the court, if it grants the motion, will direct the attorney whether to serve the revised document on opposing counsel.

3.5.1.3 If the proposed revision contains “substantially acceptable content” it will be deemed “Satisfactory” , the motion will be granted, the minus is deleted and the assignment receives a checkmark.

3.5.2 An otherwise satisfactory assignment or exercise which

3.5.2.1 was properly filed or completed late (no more than 24 hours after the required filing date)

3.5.2.2 but for which no extension was granted pursuant to Rule 1.1.02 and

3.5.2.3 received a minus

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3.5.2.4 may be remediated for cause upon the filing of a motion for reconsideration as follows:

3.5.2.4.1 The motion and proposed order are to be filed according Rule 1.0 except that they are to be made ex parte; are exempt from service on the opposing law firm and do not require adherence to rule 1.2.

3.5.2.4.2 If the Motion contains compelling arguments as to why the filing or completion of the assignment was late, the motion will be granted, the minus will be deleted and the assignment will receive a checkmark.

3.5.3 An assignment which was not filed or completed within 24 hours of the due date may not be completed or filed and by action of the rules, this assignment receives a zero. It may not be completed or filed without first submitting a “Motion for Reconsideration” to the court. The proposed document or assignment may be filed with the court (me) along with a Motion for Leave to Reconsider and a proposed Order granting the motion.

3.5.3.1 The motion and proposed order are to be filed according Rule 1.0 except that they are to be made ex parte; are exempt from service on the opposing law firm and do not require adherence to rule 1.2.

3.5.3.2 The Order will contain a blank on which, the court, if it grants the motion, will direct the attorney whether to serve the revised document on opposing counsel.

3.5.3.3 If the Motion contains compelling arguments as to why the filing or completion of the assignment was late, the motion will be granted, and the proposed document or assignment will be reviewed.

3.5.3.3.1 If the proposed document or assignment contains “substantially acceptable content” it will be deemed “Satisfactory” , the motion will be granted, the zero will be deleted and the assignment will be given a minus as the final grade.

3.5.3.3.2 If the proposed document or assignment does not contain “substantially acceptable content” it will be deemed “unsatisfactory”, the motion will be denied and the zero will be retained as a final grade.

3.6 Feedback

3.6.1 Because of the structure of the class and the fact that you are given ample opportunity to meet with me prior to the submission of an assignment, I will generally not be returning your documents to you with markup language or suggestions. You will most often simply receive an e-mail acknowledgement that the assigned document was received on time and that it met the criteria to be considered acceptable. Sometimes, I may make general suggestions about even acceptable work for you to consider in the future. These suggestions will be made in the same acknowledgement e-mail previously discussed. In the event that the document did not meet the basic

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level of acceptability, I will advise you via e-mail that you have received a minus or a zero for the assigned document. If the problem is one based on bad drafting or lack of understanding of the assignment, I will make specific suggestions for redrafting in the event that you intend to resubmit the document, according the terms outlined in this Rule. I will provide you with those comments within the same e-mail I advise you of the deficient grade.

4.0 Law Firms: The class is divided into law firms of paired classmates. This will be a random assignment and will last for the duration of the semester. No requests for preferred partnerships will be considered. Because you are not choosing your own partners, your grades are NOT interdependent. 4.1 The firm name will consist solely of the last names of the partners in alphabetical

order. These are partnership law firms, not P.C.s etc.

4.2 The address and phone numbers of the firm will be as follows:

521 LawDog Lane Carbondale, IL 62901 618-529-0000, Voice: 618-529-0000, Fax: 618-529-0000: TTY

4.3 Where needed, your bar numbers will be your last name in lower case preceded by the numeral sign and a hyphen (e.g. #-feltman) .

4.4 The firms will be split into defense and plaintiff’s bars.

4.5 In the event a partner leaves a firm (drops the class), the remaining partner will carry on individually.

4.6 Firms from the plaintiff’s and defense bars will be paired as adversaries for the duration of the semester.

5.0 Depositions 5.1 Both the Plaintiff and Defendant firms will conduct and defend a deposition.

5.1.1 Deponents will be a firm member

5.1.2 Depositions are to be noticed up according to the rules of the jurisdiction with copies and certificates of service properly filed.

5.1.3 An outside facilitator will be in attendance to monitor, coach and critique the deposition.

5.2 The depositions are limited to 1 hour.

5.2.1 The firm conducting the deposition will have 45 minutes for direct and redirect questioning of the deponent.

5.2.2 The firm defending the deposition will have 15 minutes to cross examine the deponent.

5.3 The depositions are for practice only and do NOT constitute evidence of any kind. Your negotiations and filings which reference deposition evidence will be based on information provided to you, not information generated by the practice depositions.

6.0 Scheduling THERE WILL BE SCHEDULE CHANGES REQUIRING STUDENTS BE AVAILABLE FOR AN ADDITIONAL HOUR AND FIFTEEN MINUTES BEYOND THE SCHEDULED

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TIME.). If you have a class conflict for the time between 6:15 and 7:30 pm please email me immediately and I will schedule you for the earlier time slot if possible.

6.1 Any such changes will usually result in the cancellation of one full class either directly prior to or directly subsequent to the extended class. These changes will be announced no later than 2 classes prior to the change date and are, for the most part, a response to an inadequate amount of time to conduct practical exercises in the 1 hour 15 minute format.

6.2 The rules and syllabus provide the entire schedule for filings and accomplishing certain tasks. As provided herein, it is your responsibility to meet this schedule without fail. Counsel for the parties may neither request nor grant extensions of time.

6.3 Extensions which are granted as a result of a motion or changes in the schedule entered sua sponte by the court, become effective as of the date of the order. The entry of the Order simply allows late filings but does NOT alter the schedule for upcoming filings or proceedings unless specifically noted in the order. For example, should the court allow a late filing of a motion for summary judgment and the schedule includes a hearing on the motion for the next day, the hearing proceeds as scheduled despite the fact that the order requires filing of the motion at the time of the hearing.

7.0 Discovery 7.1 Filing requirements and limitations for written discovery are controlled by the

rules of the jurisdiction. 7.2 Certificates of service are required pursuant to the rules of the jurisdiction. 7.3 Responses to requests to admit facts are to and responses to interrogatories are

to be served on the proponents of the requests and interrogatories no later than 7 days after the date of service.

7.4 No responses to requests to produce documents are required for this class.

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SPECIFIC ASSIGNMENTS In addition to the assigned readings, simulated depositions and simulated settlement conferences, there will be approximately 25 written assignments, including:

• contingent and/or fee based contracts for legal services,

• engagement and/or declination letters to the clients,

• demand letters to the adverse party,

• federal and state court complaints with the required additional service documents,

• letters to the clerk of the court,

• motion to dismiss (615, 619, 619.1),

• motion for leave to amend,

• motions for judgment on the pleadings,

• state court answers,

• written discovery and answers,

• “201(k) letters”,

• motions to compel discovery,

• motions for summary judgment,

• motions for judgment on the pleadings,

• notice of deposition,

• subpoenas,

• certificates of service,

• written deposition questions,

• pretrial memorandum including motions in limine,

• settlement correspondence, and

• settlement agreements.

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Week 1 –

Wednesday January 14 and 16

To make up for the class we will miss on Reading Day, each student will submit a document due and to be filed according to the Rules of the Class on January 16, 2013 at or before 4 p.m. You are to list and describe your current understanding of the range of procedures and processes that may occur during the civil pretrial period (including judicial and extra judicial forum activities). For the purposes of this exercise, the pretrial period begins with the interviewing of a client and ends with start of jury selection. To make up for the class that we will miss on Monday, January 21, 2013, for Martin Luther King Day, our class on January 16, will be extended by 1 hour and 15 minutes and therefore will meet from 5:00 pm through 7:30 pm. If you have a class conflict for the time between 6:15 and 7:30 pm please email me immediately and I will schedule you for the earlier time slot if possible. Assignments due to be filed before 4 p.m. January 14: NONE Reading assignments to be completed before class on January 14: HHS: chapter 1, RPC: 1.1, 1.4, 1.5 1.7, 1.13, 1.16, 3.1, 3.4, and 7.5 During these classes:

• law firm partners will be assigned. • you will find out the names of those students who will provide your

opposition. • we will discuss the contract for legal services. • we will discuss the need for and methods of conflicts checking. • we will discuss client billing and records keeping. • we will discuss retention and declination letters.

Reading Assignments due for January 16: HHS: chapter 2 (Investigation) and re-read pages 20-25. Additional Reading: Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/1 et. seq.) Read sections 2, 10a and 10b. Also do some basic research on the following causes of action:

• Breach of contract • UCC Sales • Libel • Forum Selection clauses • Forum selection • Statutes of Limitation • Personal and Subject matter Jurisdiction

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• intentional interference with business expectations • Illinois specific consumer fraud • intentional fraud

During these classes:

• We will discuss interviewing techniques. • we will discuss demand letters. • we will briefly discuss choosing a forum, statutes of limitation and venue.

Assignments due to be filed before 4 p.m. January 16:

In addition to the Reading Day Makeup Assignment discussed above, prepare and file a client billing sheet template that you will adopt for the duration of this course. You may have more than one client by the end of the semester, so make sure this template is capable of coping with many types of client matters.

Week 2 –

January 21 and 23— Assignments due to be filed before 4:00 pm on January 21: There will be no class on January 21, 2013 in honor of Martin Luther King Day.

In Class on January 23

Each firm is to provide a “client” for this exercise (a friend, spouse or law student other than from this class)—Your “client” will be given a document with the relevant facts. You will interview the client with the purpose of determining whether to create an attorney client relationship

Following the exercise, you receive a list of uncontested facts about your prospective client’s case.

Week 3--- January 28 and January 30

Assignments due to be filed before 4 p.m. January 28: Individually and based on your client interviews, each student should prepare and file:

1. a contract for legal services (fee based) 2. either a retention or declination letter 3. Your client billing sheet for the prior week.

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As a firm, prepare and file:

1. a SHORT memorandum, as if written for a partner in your firm, describing the causes of action your firm would recommend to your client. This memorandum should contain specific reasons why your firm is recommending these actions, where the action should be filed (forum and venue), availability of jury trial, and any applicable statutes of limitations.

These documents are to be filed according Rule 1.0 except that they are to be made ex parte; are exempt from service on the opposing law firm and do not require adherence to rule 1.2.

Reading assignments to be completed before class on January 28: HHS: Chapter 3 FRCP: 3, 4, 7(a), 9, 10, 11, 38 ICCP: Generally review 735 ILCS 5/1-101 through 735 ILCS 5/2-1011 Closely review 735 ILCS 5/1-101 through 109, 5/2-201 through 2-607 and Rules 10-13, 101-104 and 131-137. LCR: Review filing rules for the 1st, 2nd, 4th, and 20th Judicial Circuits in Illinois. In class this week:

• We will discuss demand letters, filing, civil cover sheets, service requirements, and summonses.

• I will hold individual conferences with each firm regarding the memoranda submitted.

• You will be told the cause of action for your first complaint. • We will discuss entries of appearance, pleadings and responsive pleadings. • As time is available, your firm will begin drafting your demand letters in-

class.

Week 4 – February 4 and 6

Assignments due to be filed before 4 p.m February 4 :

1. Your client billing sheets for the previous week 2. Your firm’s demand letter is to be filed according to Rule 1.00 except that

no certificate of service (Rule 1.2) is required. The letter should be on the firm letterhead and signed pursuant to Rule 1.3.

Reading assignments to be completed before class February 4: Chapter 4. FCRP: 12-13. ICCP: 735 ILCS 5/2-601-620, and Rules 181-185.

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Additional Readings: Be fully prepared to discuss Ashcroft v Iqbal, 129 S.Ct 1937 and Bell Atlantic v. Twombley, 550 U.S. 544 and their effect on “Notice Pleading”. During this class:

• We will discuss Twombley and Iqbal • I will distribute the fact patterns for the federal complaints. • I will meet with students individually as you begin drafting your

complaints. Each student will personally draft and file a federal complaint without the assistance of their firm partner.


Assignments due to be filed before 4 p.m February 11:

1. Your client billing sheets for the previous week Reading assignments to be completed before class February 13: HHS: Chapters 11 and 13 During this class:

• We will review federal personal and subject matter jurisdiction, and also review pre-filing investigation requirements and checklists,

• We will continue our discussion of pre-answer responsive pleading, along

with the procedures and strategy associated with those pleadings. • Complete fact sheets will be distributed to the law firms regarding their

state court clients. (These represent the results of the firm’s additional pre-filing investigation and contact with witnesses).

• I will meet with students individually to review your progress on your

Federal complaints. • While I meet with individual students, the firms will begin developing

individual litigation plans and also begin outlining their state court complaints in class.


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Assignments due to be filed before 4 p.m February 18:--

1. Final draft of your individual federal complaint based on the COA(s) chosen.

2. In the email to which you attach the draft of the complaint, you will

include a final list of documents which would be filed with a complaint if you were to file such a complaint in the Federal District Court for the Southern District of Illinois.

3. Your client billing sheets for the previous week.

Reading assignments to be completed before February 18: HHS: Chapter 5. FCRP: 16-26. ICCP: 735 ILCS 5/2-1003 and 1004, and Rules 201 and 218-224. During this class:

• You will receive a copy of the Federal Complaint to which you will respond with a motion to dismiss.

• We will discuss the form of Answers and Motions for Leave to Amend. • We will begin our discussion of discovery matters.

Week 7 – February 25 and 27 —

Class on February 27 will be extended as needed to complete all motions to dismiss hearings. You will ONLY be responsible to appear for the hearing time itself (approximately 7-10 minutes). A docket for the hearing will be emailed to you in advance. If you have a class conflict for the time between 6:15 and 7:30 pm please email me immediately and I will schedule you for the earlier time slot if possible. Assignments due to be filed before 4 p.m. February 25 .

1. Neat final draft of your Motion to Dismiss Federal Complaint

(Individual assignment) ****In addition to E-filing this Motion, on the day of the hearing, you are required to bring 2 printed copies each of the motion and draft Order.

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2. First Draft of your Firm’s State Court Complaint (Firm assignment) do not serve your opponents. This draft will include all possible counts (causes of action).


Reading assignments to be completed before class February 25: None In class on February 25

• You will be told the final single cause of action you will use for your state court complaint.

• Firms will begin planning for possible state court responsive motions and answers in class. You will be expected to use all this class time to either meet with your firm and/or work further on your motion to dismiss. I will remain available after class if questions arise

In class on February 27

• I will preside over individual oral arguments on federal motions. Prepare

a 5 minute argument in support of your motion to dismiss. If you cite case law or statute, bring copies of the legal authority. This hearing will be without opposition from an adverse attorney however, you can expect questions from the bench. Following your argument there will be a 1 minute debrief. Docket will be emailed through TWEN prior to class.

SPECIAL NOTE: YOU WILL RECEIVE AN EMAIL WITH COMMENTS ABOUT YOUR DRAFT COMPLAINT BY NOON, SATURDAY, MARCH 2. USE THESE COMMENTS TO REVISE YOUR COMPLAINT REMEMBERING TO PARE IT DOWN TO A ONE COUNT COMPLAINT BASED ON THE COA PROVIDED TODAY IN CLASS.

Week 8 – March 4 and 6

Assignments due to be filed before 4 p.m. March 4:

1. File your firm’s final draft of the state court complaint including all

ancillary required documents. Service is to be on all parties and according to Class Rule 1.00 (Filing Assignments).


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Reading assignments to be completed before class March 4: HHS: Chapter 6, 7, 8, and 9 FCRP: 27-37. ICCP: Supreme Court Rules 202-216 During these classes:

1. We will continue our previous discussion about discovery documents and the rules governing discovery.

2. We will discuss depositions. 3. The firms will begin drafting and preparing to argue a motion to dismiss

the opponent’s claim. If the firm determines that a motion to dismiss is not warranted by the adverse complaint, it should draft a formal memorandum of law in support of its contention that the complaint does not justify a motion to dismiss. That motion must include an analysis of why the firm believes there is NO support for an objection under 2-615, 2-619 or an objection to jurisdiction. NOTE: For this exercise, if there is any reason to file a motion to dismiss, the firm must file it regardless of whether waiving the objection would provide a better trial strategy or better use of time and resources.

4. The firms will also begin drafting an answer to opponent’s state court Complaint including affirmative defenses and counterclaims as if their client had not filed a complaint.

5. The firms should prepare a notice of hearing on their motions to dismiss.

March 9-17 March 11 and 13: NO CLASSES

SPRING BREAK

Week 9 – March 18 and 20

Attendance at the March 18 class will be optional for those wanting assistance in drafting their Motions to dismiss. The class period will be made up on March 21 by extending the class period to 2 hours 30 minutes to make time for all hearings. A docket for the hearing will be emailed to you in advance. If you have a class conflict for the time between 6:15 and 7:30 pm please email me immediately and I will schedule you for the earlier time slot if possible.

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SPECIAL NOTE: By no later than 11:59 pm on March 18, firms will complete drafting and file their motions to dismiss. These motions are to be served on adverse counsel and the court according to Rule of the Class 1.0 (Filing assignments). Assignments also due to be filed before 4 p.m March 18:--

The firms will file the following documents pursuant to rule.

1. Answer with counterclaims in state court case, (serve on opponents);

2. Interrogatories—(file these with the Court even though you would not do so in the real world) (do not forget to file the certificate of service as required by court rules);

3. Requests for Production of Documents—(file these with the Court even

though you would not do so in the real world) (do not forget to file the certificate of service as required by court rules);

4. Requests to Admit Facts—(file these with the Court even though you would

not do so in the real world) (do not forget to file the certificate of service as required by court rules);

5. Notice of Deposition (if you are representing the plaintiff, you will be

noticing up either the Plaintiff or Defendant for deposition, (if you are representing the defendant, you will be noticing up Plaintiff for deposition). The depositions will be held on April 3, 2o13 and will begin at 5 p.m.

Reading assignments to be completed before these classes: NONE. During Thursday’s class periods

• I will preside over motion hearings on state court motions to dismiss.

Prepare a 5 minute argument in support of your motion to dismiss and a 5 minute argument in opposition to your adverse counsel’s filings. If you cite case law or statute, bring copies of the legal authority. Following the hearing there will be a 10 minute debrief. Docket will be emailed prior to the hearing date. All motions will be taken under advisement and no orders will be entered.

The docket for this session will be posted on TWEN:

• The firms will begin drafting their deposition strategy and questions for

use at the depositions

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Week 10 –

March 25 and 27

Assignments due to be filed before 4 p.m. March 25:-- Your client billing sheets for the previous week. And additional assignments TBA

Reading assignments to be completed before March 27: Both these class period are tentatively reserved for firm consultations and preparation and actual depositions

Week 11 – April 1 and April 3

Assignments due to be filed before 4 p.m April 1:--

Your client billing sheets for the previous week. And additional assignments TBA

No Class April 1, 2013 EXTENDED CLASS April 3, 2013

Reading assignments to be completed by April 1, 2013 Re-Read, Chapter 6 of the text Class on April 3 is extended to 2 hours 30 minutes for Deposition exercises ). A docket for the hearing will be emailed to you in advance. If you have a class conflict for the time between 6:15 and 7:30 pm please email me immediately and I will schedule your role in the deposition for the earlier time slot if possible.

Week 12 –

April 8 and 10

Assignments due to be filed before 4 p.m. April 8: Reading assignments to be completed before class April 8: HHS: Chapters 12, 14, 15 FRCP: 16 ICCP: Supreme Court Rules 191 & 192 and 735 ILCS 5/2-1005

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During this class: We will discuss Alternate dispute resolution with a focus on representation of clients in Mediation. We will watch a video presentation. We will also address Summary Judgment, Mediation and Final Pretrial Documents

Week 13 – April 15 and 17

Tentative Schedule may be amended as the semester proceeds Extended class April 17. 5:00-7:30 pm---No Required Class April 15 I will be available April 15 to help you prepare for mediation if you so desire. During the class on April 17 we will engage in Mediation Exercises ). If you have a class conflict for the time between 6:15 and 7:30 pm please email me immediately and I will schedule your role in the mediation for the earlier time slot if possible.

Week 14 – April 22 and 22

April 22 No formal class. I will be in class to assist any firm that wants help finalizing their Motions for summary judgment. Extended class April 24, 2013… 5:00-7:30 pm

Assignments due to be filed before 4 p.m April 22, 2013:-- Firm Documents: Mediation Settlement Document Reading assignments to be completed before class April 22, 2013: TBA BY NO LATER THAN 11:59 P.M. ON TUESDAY APRIL 22, 2013, YOUR FIRM WILL FILE AND SERVE COPIES OF THE FINAL MOTION FOR

SUMMARY JUDGMENT ACCORDING TO THE RULES. APRIL 24, 2013, during this EXTENDED class: I will hear Summary Judgment Arguments. Dockets will be emailed prior to hearings. ). A docket for the hearing will be emailed to you in advance. If you have a class conflict for the time between 6:15 and 7:30 pm

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please email me immediately and I will schedule you for the earlier time slot if possible. Final Assignments due to be filed before 4 p.m. April 29, 2013 The following assignments are all products of the firm.

1. Final Settlement Documents a. Motion to Accept the Stipulation of the Parties, b. Stipulation, and c. Proposed Final Agreed Orders;

AND 2. A Final Pretrial Motion that includes, at minimum, the following parts:

a. Recitation of issues b. Proposed findings of fact c. Proposed conclusions of law

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Exhibit 1 Sample Motion for Extension of Time

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STATE OF ILLINOIS In the Circuit Court for the LS Judicial Circuit

Jackson County, Illinois

In re: (STUDENT NAME), ) Movant, ) YEAR-PT-0001 Assignment due (DATE & TIME). ) -------------------------------------------------------------------------------

MOTION FOR AN EXTENSION OF TIME

NOW COMES, Movant, (student name), pro se, and respectfully moves this honorable Court for an extension of time in the above captioned matter. In support of his/her motion, the Movant states the following. 1. The following document(s) is/are scheduled to be filed by 4:00 p.m. on ________, YEAR.: a. b. c. 2. This motion is timely filed pursuant to Rule of the Class 2.1. 3. The Movant has the following conflict(s) which prevent(s) the timely filing of that/those documents: a._____________________, b._____________________, c._____________________. 4. The conflict(s) described in paragraph 3 is/are of a type which, pursuant to Rule 1.1.02.2, entitle this motion to be granted as of right. 4. (Alternate) The conflict(s) described in paragraph 3 are not of a type entitling the instant motion to be granted as of right. 5. The Movant requests an additional (reasonable number of days not to exceed 7) days to file the required documents. WHEREFORE, the Movant, prays this honorable Court GRANT his/her Motion for an Extension of Time, to reschedule the deadline for the filing of the required document(s) and such other relief as the Court deems equitable and just. A proposed Order is attached and submitted with this Petition Respectfully Submitted this the ----- day of -----, YEAR __________________________ electronic signature Movant Movant’s Name Movant’s Bar # Law Firm info pursuant to Rule

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Exhibit 2 Sample Motion for Excused Absence

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In re: (STUDENT NAME), ) Movant, ) YEAR-PT-0001 Date of proposed or actual absence (DATE). ) -------------------------------------------------------------------------------

MOTION FOR AN EXCUSED ABSENCE

NOW COMES, Movant, (student name), pro se, and respectfully moves this honorable Court for an excused absence. In support of his/her motion, the Movant states the following. 1. This motion is timely filed pursuant to Rule of the Class 2.1. 2. The Movant has the following conflict(s) which prevent(s) his/her attendance at class on the above captioned date. a._____________________, b._____________________, c._____________________. 3. The class is/is not a class that includes a scheduled practical exercise. 4. The conflict(s) described in paragraph 3 is/are of a type which, pursuant to Rule, entitle this motion to be granted as of right. 4. (Alternate) The conflict(s) described in paragraph 3 are not of a type entitling the instant motion to be granted as of right. WHEREFORE, the Movant, prays this honorable Court GRANT his/her Motion for an Excused Absence and such other relief as the Court deems equitable and just. A proposed Order is attached and submitted with this Petition Respectfully Submitted this the ----- day of -----, YEAR __________________________ electronic signature Movant Movant’s Name Movant’s Bar # Law Firm info pursuant to Rule

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Exhibit 3 Sample Order

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In re: (STUDENT NAME), ) Movant, ) YEAR-PT-0001 Date of proposed or actual absence (DATE). Or ) Assignment due (DATE & TIME). )

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ORDER THIS coming on the Motion of (Name of Student) and the Court being advised in the premises, enters this its Final Order and Judgment. The Court GRANTS/DENIES the motion of the Movant for an (Extension of Time/ Excused Absence) and (if an extension of time is requested) further sets 4 P.M. on __________, YEAR as the final date for the Movant to file the above captioned document without prejudice to his/her grade. Enter this the ____ day of _____, YEAR

_____________________ Jeffrey M Feltman

Presiding Professor