The Power of Procedure

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ISBN: 9780735528253 | 073552825X
Cover: Paperback
Copyright: 4/24/2002

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How do you show your students the dynamic application of Civil Procedure in litigation? This new paperback reference supplies the perfect vehicle, using actual litigation documents from the Jones v. Clinton case to demonstrate the Power of Procedure. The author skillfully utilizes engrossing documents to illustrate key concepts: the text offers a holistic view of the federal litigation process by tracking the major points of procedural law through edited and annotated pleadings, motions, and other documents from Jones v. Clinton, with notes and commentary includes complaint, answer, Rule 12(c) motion, extensive discovery documents, summary judgment motion (with a comparison to Rule 12(c), and amendment materials, As well as other documents students see for themselves the sophistication of procedural issues as the case evolves. for effective teaching and learning, The text offers: a brief introduction to each chapter to put the stage of litigation covered in that chapter in context text boxes within doucments to raise questions or point out noteworthy aspects and procedural points notes and comments at the end of each chapter, with hypotheticals, To build on the material covered.

Preface

Acknowledgments

xvii

The Complaint

(20)

Introduction

(2)

Case Planning

(14)

Exercise 1 Interviewing

(3)

[Jone's] Complaint

(10)

Notes and Comments

(4)

Exercise 2 Ramifications of Pleading Decisions

(3)

Motions Testing the Complaint

(16)

Introduction

(8)

Memorandum in Support of President Clinton's Motion for Judgment on the Pleadings and Dismissal of the Complaint

(2)

Plaintiff's Memorandum in Opposition to the Motion of Defendant William Jefferson Clinton for Judgment on the Pleadings

(5)

Judge Wright's Decision

(1)

Jones v. Clinton, 974 F. Supp. 712 (E. D. Ark. 1997)

(5)

Notes and Comments

(3)

Analysis Chart

(1)

Pre-Answer Motions

(14)

Introduction

(5)

President Clinton's Motion to Set Briefing Schedule

(1)

Memorandum in Support of President Clinton's Motion to Set Briefing Schedule

(1)

Plaintiff's Memorandum in Opposition to the Motion of Defendant Clinton to Set Briefing Schedule

(2)

Resolution of the Issue

(1)

Oral Argument of Robert S. Bennett on Behalf of the Petitioner [before the U. S. Supreme Court]

(1)

Oral Argument of Gilbert K. Davis on Behalf of the Respondent

(2)

Notes and Comments

(2)

Other Pre-Answer Motions

(3)

Exercise 3 Motion to Recuse Judge

(2)

The Answer

(12)

Answer of President William Jefferson Clinton

(8)

Notes and Comments

(4)

Exercise 4 Affirmative Defenses

(2)

Complaint and Answer Comparison

(1)

Amendments

(12)

Introduction

(3)

Plaintiff's Motion for Leave to File First Amended Complaint and Brief Thereon

(2)

Excerpts of First Amended Complaint

(4)

Opposition to Plaintiff's Motion to Amend the Complaint

(2)

Order Granting Motion for Leave to Amend

(2)

Notes and Comments

(3)

Exercise 5 Revising the Theory of the Case

(1)

Exercise 6 Analyzing an Opposition to Amendment

(3)

Discovery: Devices and Defenses

(26)

Introduction

(3)

Exercise 7 Formulating a Discovery Plan

(1)

Devices

(1)

Interrogatories

(2)

Plaintiff's Reponses and Objections to the First Set of Interrogatories of Defendant William Jefferson Clinton

(1)

Notes and Comments

(2)

Second Set of Interrogatories from Plaintiff to Defendant Clinton

(1)

Notes and Comments

(1)

Exercise 8 Drafting Interrogatories

(1)

Requests for Production of Documents and Things

(2)

First Set of Requests from Plaintiff to Defendant Clinton for Production of Documents and Things

(2)

Notes and Comments

(1)

Requests for Admissions

(3)

First Set of Requests from Plaintiff to Defendant Clinton for Admissions

(3)

Notes and Comments

(1)

Depositions

(1)

Order of January 9, 1998

(1)

Deposition of Paula Jones

(1)

Notes and Comments

(1)

Defenses: Privilege, Work Product, and Undue Burden

(5)

President Clinton's Opposition to Motions for Protective Order Regarding Subpoena to Cindy Hays

(1)

Reply of Cindy Hays to President Clinton's Opposition to Motions for Protective Order Regarding Subpoena to Cindy Hays

(2)

President Clinton's Opposition to Motions of Paula Jones and Paula Jones Legal Fund for Protective Order

(1)

Order of November 25, 1997

(1)

Order of December 4, 1997

(1)

Notes and Comments

(2)

Exercise 9 Analysis of Work Product Doctrine

100

(1)

Discovery: Relevance and Privacy

101

(22)

Introduction

101

(1)

Relevance and Privacy Issues as to Parties

102

(7)

President Clinton's Motion for Protective Order

102

(1)

Memorandum in Support of President Clinton's Motion for a Protective Order

103

(2)

Plaintiff's Memorandum in Opposition to the Motion of Defendant Clinton to Limit Discovery

105

(3)

President Clinton's Opposition to Plaintiff's Motion to compel Responses to Plaintiff's Second Set of Interrogatories

108

(1)

Order of December 11, 1997

109

(1)

Notes and Comments

110

(2)

Exercise 10 Balancing Privacy and the Scope of Discovery

112

(1)

Privacy of Nonparty Witnesses

112

(2)

Affidavit of Jane Doe #6

113

(1)

Order of January 9, 1998

114

(2)

Notes and Comments

116

(1)

Exercise 11 The Role of Public Policy Concerns

117

(1)

Discovery versus the First Amendment

117

(4)

President Clinton's Opposition to Motions for Protective Order Regarding Subpoena to Cindy Hays

118

(1)

Reply of Cindy Hays to President Clinton's Opposition to Motions for Protective Order Regarding Subpoena to Cindy Hays

119

(2)

Order of November 25, 1997

121

(1)

Notes and Comments

121

(2)

Discovery: Sanctions

123

(14)

Introduction

123

(2)

Excerpts of Deposition Testimony of President Clinton

125

(3)

Orders Imposing Sanctions

128

(1)

Jones v. Clinton, 36 F. Supp. 2d 1118 (E. D. Ark. 1999)

128

(2)

Jones v. Clinton, 57 F. Supp. 2d 719 (E. D. Ark. 1999)

130

(2)

Suspension of Law License

132

(1)

Agreed Order of Discipline

132

(1)

Notes and Comments

133

(4)

Exercise 12 Rule 37 Sanctions

134

(1)

Exercise 13 Comparing Rule 37 Sanctions with Rule 11 Sanctions

135

(2)

Joinder and Intervention

137

(10)

Introduction

137

(1)

Joinder

137

(2)

Exercise 14 Variations on Joinder

138

(1)

Rule 20 Joinder

138

(1)

Rule 19 (Necessary Parties) and Rule 14 (Impleader)

138

(1)

Rule 24 (Intervention)

138

(1)

Rule 23 (Class Actions)

139

(1)

Intervention

139

(1)

Limited Purpose Intervention---A Case Study

139

(2)

Confidentiality Order on Consent of All Parties

141

(3)

Motion for Leave to Intervene, Motion to Modify and/or Rescind Confidentiality Order, and Motion for Access to Court Records and Discovery

142

(2)

Order of March 9, 1998

144

(1)

Notes and Comments

145

(2)

Summary Judgment

147

(22)

Introduction

147

(11)

Memorandum in Support of President Clinton's Motion for Summary Judgment

147

(7)

Plaintiff's Memorandum in Opposition to Motion for Summary Judgment

154

(4)

Judge Wright's Ruling

158

(1)

Jones v. Clinton, 990 F. Supp. 657 (E. D. Ark. 1998)

158

(6)

Notes and Comments

164

(5)

Exercise 15 Celotex and Summary Judgment

165

(4)

Settlement and Default

169

(6)

Introduction

169

(1)

Text of Settlement

170

(1)

Notes and Comments

171

(4)

Appeal

175

(8)

Introduction

175

(1)

Order of January 29, 1998

176

(4)

Plaintiff's Memorandum in Support of Motion for Section 1292(b) Certification

177

(2)

President Clinton's Opposition to Plaintiff's Motion for Section 1292(b) Certification

179

(1)

Notes and Comments

180

(3)

Exercise 16 Interlocutory Appeal of a Discovery Order

181

(2)

Appendix One: Articles of Impeachment

183

(4)

Appendix Two: Jones v. Clinton Chronology

187

(4)

Appendix Three: Standard Forms

191

(6)

Civil Cover Sheet

193

(1)

Waiver of Service of Summons

194

(1)

Subpoena in a Civil Case

195

(2)

Notes on Sources

197

(4)

Index

201

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The Power of Procedure

Summary

Table of Contents

Supplemental Materials