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.