Civil Procedure

By: Prof. Thomas Main
  • Summary

  • This podcast is for law students and others who are interested in learning Civil Procedure.
    © 2024 Civil Procedure
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Episodes
  • Discovery in Practice
    Sep 25 2021

    This is a tutorial lecture that introduces discovery under the Federal Rules of Civil Procedure. Fist, I give an overview of five of the most important discovery devices, namely depositions, interrogatories, document requests, physical and mental examinations, and requests for admission. Second, I briefly describe mandatory initial disclosure obligations. Next, I discuss the three components that define the scope of discovery: relevance, privilege, and proportionality. And finally I discuss motions for protective orders, motions to compel, and sanctions--all in the context of how litigators handle discovery requests that are improper. Because this episode focuses on the basic issues of practice, I do not cover here deep history, ethical constraints, or more advanced issues of e-discovery, production methods, 30(b)(6) depositions, etc.

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    45 mins
  • Judge Katharine Parker Interview (Rule 34 +)
    Jun 11 2021

    This episode is a recording of my conversation with Judge Katharine H. Parker, Magistrate Judge for the U.S. District Court for the Southern District of New York. Judge Parker is an authority on, among other things, electronic discovery. Our conversation here focuses primarily on lawyers' duties under Fed. R. Civ. P. 34 (and, more broadly, the scope of discovery under Rule 26). The interview took place by teleconference on May 17, 2021. Because we recorded our conversation with Zoom, the quality of the audio is satisfactory, but not ideal.

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    36 mins
  • Claim and Issue Preclusion -- in 40 minutes
    Nov 18 2020

    This episode is a lecture tutorial that offers an overview of the doctrines of claim preclusion and issue preclusion. These doctrines are also know as res judicata and collateral estoppel, respectively. (Confusingly,) These doctrines are also sometimes jointly referred to as "res judicata."

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    40 mins

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great teaching, a difficult body of knowledge revealed

things I learned from Professor Main's excellent lectures:
The rules governing lawsuits in our courtrooms have evolved over time from the experience of judges doing the difficult work resolving our disputes peacefully, fairly, with justice.
These rules, as complicated as they are, make sense. they are not arbitrary or biassed.
They are more than sensible, they are wise.
I used to think of a lawsuit as one party going to the government to have their problems fixed for them.
False.
A lawsuit is a dispute between two parties who have been unable to resolve things in the ordinary manner. They are then brought into a public venue where their dispute is watched over, guided, managed, tweaked into place, put into clear and meaningful terms, all with the goal of having them see light and come to terms. Only when this process doesn't lead them to a free and fair resolution (probably a lot of ego here) does the governmental authority then step in a provide the answer.
Civil procedure is freedom managed by reason and the wisdom of the ages.
Thank you Professor

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Trial Preparation ...

Excellent analysis and practicum not only for SJ, but also for preparing for trial.

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