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Pretrial Civil Litigation
Mr. Brian Kelly,
3 credits day; 3 credits evening. This course is designed to take the student through all practical
aspects of pretrial civil litigation from the perspective of both plaintiff‘s counsel and defense
counsel. While the course ultimately progresses toward the deposition phase of discovery, the
first 30 to 40% of the course will focus on pretrial investigation and on the various discovery
documents that are available. Within the main deposition phase of the course, students will all
participate in various in-class mock depositions, which will be critiqued by the instructor. During
these mock depositions, the students will conduct and observe the direct examination of several
non-party deponents and the cross-examination of other non-party deponents. Students will act
as the deponent/witnesses in these depositions. As a final project (in lieu of a final written exam),
the students will be given a real life case wherein they will be expected to 1) conduct the
deposition of the opposing party and 2) defend the deposition of their own client.
This course provides an opportunity to plan and conduct the pretrial phase of a civil lawsuit. The
class is divided into small "law firms" of approximately three to four students, each performing
the tasks necessary to represent their client. Students will plan the strategy of their case, research
relevant law to determine the causes of action, draft pleadings, conduct the necessary formal
(including drafting written discovery and conducting depositions) and informal fact
investigation, prepare a final pretrial memorandum and participate in a final pretrial conference.
Students should note that there are two discovery-related courses offered: Pretrial Civil
Litigation and Drafting Discovery Documents. The content of these courses is substantially
similar and thus students may enroll in only one of the two discovery-related courses. May not
also enroll in Drafting Discovery Documents.
Prerequisite: Evidence
Enrollment is limited: 24
Elective Course
Meets Skills Menu Requirement
Meets Civil Litigation Concentration Requirements