MASSACHUSETTS SCHOOL OF LAW
PRETRIAL MOTION AND LITIGATION PRACTICE
SYLLABUS: Spring, 2014
INSTRUCTOR: STEVEN C. SHARAF, ESQ.
Telephone: (781)455-0300
Facsimile: (781)453-0606
e-mail:
Recommended Text: Massachusetts Rules of Court - State (2013), West Publishing Company
COURSE DESCRIPTION: This course will focus on civil litigation practice beginning with client interviewing and Complaint drafting, through preparation for trial of a civil matter. Emphasis will be placed on the drafting of relevant pretrial documents and the strategic use of such documents in the pretrial stages of civil litigation. Focus shall also be placed upon the ethical concerns faced by attorneys in this area of practice.
COURSE OBJECTIVE: To provide students with an understanding of civil procedure and with practical knowledge necessary for the successful civil litigator.
COURSE REQUIREMENTS: Students are expected, barring unforeseen circumstances, to prepare for and attend every class. Assignments and class participation can effect a final grade. There will be a final examination at the end of the semester. Further information regarding the final examination will be provided prior to the examination date.
CLASS SCHEDULE
January 25, 2014
Introduction to course.
Assignment: Review Mass.R.Civ.P. Rules 3,4,5,7(a),8,10,12,13 and 14
Garrity v. Garrity, 399 Mass. 367 (1987)
Mmoe v. Commonwealth, 393 Mass. 617, 473 N.E. 2d 169 (1985)
White v. Spence, 5 Mass.App.Ct. 679, 369 N.E. 2d 731 (1977)
February 1, 2014
Pleadings: The Complaint and Answer.
Assignment: Draft Complaint and Answer
Review Rule 33.
Partlow v. Hertz Corp., 370 Mass. 787, 352 N.E. 2d 902 (1976)
February 8, 2014
Written Discovery: Drafting Interrogatories
Assignment: Draft a set of interrogatories
Review Rule 34 and 36
S & R Realty Corp. v. Marron, 5 Mass.App.Ct. 800, 360 N.E.2d 1280 (1977)
Reynolds Aluminum v. Leonard, 395 Mass. 255, 480 N.E. 2d 1 (Mass. 1985)
February 15, 2014
Written Discovery: Request for Production of Documents and Request for Admissions
Assignment: Draft a set of document requests and Admissions
Review Rules 30 and 32.
February 22, 2014
Deposition Practice: Preliminary considerations; preparing the witness; the deposition
Assignment: Galella v. Onassis, 487 F.2d 986 (2nd Cir. 1973)
Nichols v. Doe, Mass. Appeals Ct. 96-J-678 (1996
Holland v. Fisher, Superior Ct. Decision No. 92-3900 (1994)
Prepare for deposition exercise/Draft deposition outline
March 1, 2014
Deposition Practice: Deposition exercise
Assignment: Draft deposition summary
Review Superior Court Rule 9
Sullivan v. Iantosca, 409 Mass. 796, 569 N.E. 2d 822 (1991)
March 8, 2014
Motion Practice: Introduction to Motion Practice
Assignment: Prepare a discovery motion
White v. Peabody Construction Co., 386 Mass. 121, 434 N.E.2d 1015 (1982)
Review Rules 12 and 56
Celotex Corp. v. Catrett, 106 S.Ct. 2548 (1986)
Kourouvacilis v. General Motors, 410 Mass. 706 (1991)
March 15, 2014 SPRING BREAK - NO CLASS
March 22, 2014
Motion Practice: Argue discovery motions
Rule 12 and 56 motions
Assignment: Prepare Summary Judgment motion
March 29, 2014
Motion Practice: Argue Summary Judgment motions
Assignment: Review Rules 4.1, 4.2 and 65, M.G.L. Ch. 223, Section 42; Ch. 246
Town of Brookline v. Goldstein, 388 Mass. 443 (1983)
Redfield v. Abbott Shoe, Co., 132 N.E. 2d 165
April 5, 2014
Motion Practice: TROs, Preliminary Injunctions, Attachments and Trustee Process
Assignment: Prepare motion for TRO, PI, attachment or Trustee Process
Review Local Rules of the USDC for the District of Massachusetts
April 12, 2014
Motion Practice: Argue motions; Federal Practice; Civil Trial Preparation
Assignment: Prepare Motions In Limine
April 19, 2014
ADR Options: Argue Motions In Limine; Mediation, Arbitration, Negotiation and Settlement considerations.
Assignment: Prepare opening statement for trial.
April 26, 2014
Motion Practice: Present opening statements. Review for Final Examination
Assignment: Prepare for Final Examination
May 3, 2014 Final Examination.