Discovery Methods (Mishkin)
Faculty
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| Jeremy Mishkin Lecturer-in-Law jeremymishkin@gmail.com |
Additional Information
Experiential CourseYes
Skills Training
Oral Presentations
Drafting Legal Documents
Other Professional Skills:
Grading
80% Participation,
20% Other (Written assignments will consist of drafting discovery requests, drafting responses to discovery requests and drafting a motion to compel (or a response to such a motion). Oral assignments will consist of conducting depositions, defending depositions and arguing the motion to compel. )
No
Class meets in person.
Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.
I offer the following to students who miss class due to illness:
- Class sessions are regularly recorded. I will make these recordings routinely available on the course site to everyone in the class.
- I will make PowerPoint slides or other class materials routinely available on the course site to everyone in the class.
Meeting Times/Location
T 6:40PM - 8:30PM
Tanenbaum Hall 320
Category
Upper-Level
Credits
2.0
Discovery Methods Lecturer in Law: Jeremy D. Mishkin Tuesdays 6:30 – 8:20 pm
Course Description
A key component of civil litigation is discovery – the means by which parties disclose and obtain information about their case. The process of discovery constitutes a large proportion of a lawyer’s work in litigation, and often shapes the outcome of lawsuits. This course explores the various written and oral methods encompassed in the discovery process to equip students with the skills they will need from day one in practice. Students embarking upon litigation careers will be expected to draft, respond to and participate in discovery from the start, regardless whether they enter the public or private sector. Even if you are not planning to be a litigator, understanding the discovery process will provide you with a valuable perspective on what you do and how you do it.
The primary focus of the class will be oral depositions, with an emphasis on student participation. We will also cover the tactical and strategic aspects to discovery; how to draft (and respond to) written discovery requests; how to challenge your adversary’s requests and responses, and defend your own. In addition, students will conduct “meet and confer” discussions with "opposing counsel" in an effort to resolve discovery disputes, and argue a motion to compel.
Grading
Your grade will be based upon several factors, including participation, effort, and quality of written and oral assignments. Written assignments will consist of (1) drafting discovery requests and responses to your opponent’s discovery requests, (2) drafting a motion to compel or a response to such a motion. Oral assignments will consist of (3) participating in classroom deposition exercises and (4) arguing the motion to compel. The oral exercises will constitute 80% of your grade, and the other assignments will make up 20% of your grade
Skills Learning outcomes: Demonstrate an understanding of the individual course skill; Demonstrate the ability to receive and implement feedback; Demonstrate an understanding of how and when the individual course skill is employed in practice.
Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.
Textbooks
"Federal Civil Rules Booklet" by LegalPub.com |