Apr 20, 2024  
2021-2022 College Catalog 
    
2021-2022 College Catalog [ARCHIVED CATALOG]

PAR 202 - Civil Litigation Procedures II

3 Credits, 3 Contact Hours
3 lecture periods 0 lab periods

Continuation of PAR 102 . Includes discovery/disclosure procedures in Federal Court and in Arizona Superior Court, file organization and document control, pre-trial motions, gathering and organizing evidence, preparation of witnesses, alternative dispute resolutions, trial, post-trial and appellate procedures.

Prerequisite(s): PAR 102  
  button image Prior Learning and link to PLA webpage

Course Learning Outcomes
  1. Draft appropriate discovery documents including interrogatories and answers to interrogatories, requests for production, requests for admissions, deposition notices including depositions duces tecum and 30 (b) (6) deposition notices, deposition summaries and prepare a disclosure statement.
  2. Demonstrate application of the federal rules of civil procedure and the Arizona rules of civil procedure, including all applicable local rules.
  3. Demonstrate file organization and document control techniques.
  4. Draft various pretrial motions including motions to compel and motions in limine.
  5. Demonstrate application of the rules of evidence in civil cases with special emphasis on the collecting, organizing, and trial preparation of tangible evidence.
  6. Describe the legal assistant’s role and responsibilities in witness preparation, including expert witnesses.
  7. Draft pretrial documents including a pretrial order/statement.
  8. Draft a demand settlement letter and describe the alternative dispute resolution methods of mediation and arbitration.
  9. Describe and demonstrate the legal assistant’s role at trial.
  10. Describe post-trial and appellate procedures.

Outline:
  1. Discovery/Disclosure Procedures in Federal Court
    1. Rule 26
    2. Depositions
    3. Interrogatories
    4. Requests for production
    5. Requests for admissions
    6. Independent medical examinations
  2. Discovery/Disclosure Procedure in Arizona Superior Court
    1. Rule 26.1
    2. Discovery under the Arizona rules
  3. File Organization and Document Control
    1. Case file management
    2. Docketing
    3. Document control - manual and computer
  4. Pretrial Motions
    1. Motions to compel
    2. Motions to dismiss
    3. Motions for judgment on the pleadings
    4. Motions for summary judgment
    5. Motions in limine
  5. Gathering and Organizing Evidence
    1. Rules of evidence in civil cases
    2. Gathering of tangible evidence
    3. Preparation of exhibits
    4. Authenticity and foundation
  6. Preparation of Witnesses
    1. Expert witnesses - locating, selection, “care and feeding,” basis for expert opinion
    2. Lay witnesses - locating, interviewing, statements
    3. Your client - working with client in discovery and preparation of client for trial
    4. Correspondence to client/opposing attorney
  7. Pretrial Proceedings
    1. Differences between the Federal rules and Arizona rules
    2. How to get a trial date
    3. Jury v. non-jury trial
    4. Preparation of pretrial order/statement
  8. Alternative Dispute Resolutions
    1. Settlement
    2. Settlement conferences
    3. Demand letters
    4. Mediation
    5. Arbitration
  9. Trial Procedures
    1. Jury selection
    2. Observation of jury during trial
    3. Working with the courtroom personnel
    4. Courtroom demeanor
    5. Trial notebooks
    6. Note taking
    7. Daily trial recapitulation
    8. Exhibits
    9. Witnesses
  10. Post-Trial and Appellate Procedures
    1. Trial and post-trial motions
    2. Entry of judgment
    3. Fees and costs
    4. Notice of appeal
    5. Appellate procedure
    6. Preparing the appellate brief


Effective Term:
Fall 2011