Professor Perritt

(312) 906-5128

Office: Room 713

Tuesday & Thursday 6:00-8:25 P.M.

Fall 2007

Room 210






Civil Procedure is a five-credit one semester course in the law of dispute resolution in federal and state courts.


·        Marcus, Redish & Sherman, Civil Procedure: A Modern Approach (4th ed. 2005)

·        Federal Rules of Civil Procedure (latest Educational Edition) to be read in conjunction with the Marcus, Redish & Sherman text.

·        Supplementary materials available on the Website.




Assignment (pages in Marcus, Redish & Sherman)

28 Aug

Constitutional entitlement to civil procedure;

Enforcing judgments

Swider "writ of attachment"


82-86; 95-96 Fed.R.Civ.P. 69

Form for writ of execution

Judge Friendly's list of elements of procedural due process (will be used in class)

Optional: IL pre-judgment attachment, and post-judgment garnishment statutes

IL pre-judgment attachment statutes

IL post-judgment garnishment statutes


Optional: Recognition and enforcement statutes:

Uniform Recognition of Foreign Money Judgments Act

Uniform Enforcement of Foreign Judments Act

28 U.S.C. sec. 1963




30 Aug

The Traditional Formulation: The ‘Power” Theory of Jurisdiction,


Harris v. Balk diagram (MS Power Point)

Harris v. Balk diagram (jpeg)

Note on "paying twice" in Harris v. Balk


Blackstone on service of original process


4 Sep

The Shift to Minimum Contacts, and the States’ Response - Long Arm Statutes

Wood Industries v. KTA (basic facts)

710-723; 723-729 NY long arm statute (for hypothetical); KTA diagram (for hypothetical)


Note on limited v. special appearances

Answer to question on process servers in Illinois

6 Sep

Refining the Minimum Contacts Analysis

729-749n.3; 752-764 n.2; 765-772 n.1; 776-786; Note on stream-of-commerce-theory

(Optional after class: Yahoo (district court), Yahoo appeal, and Australia Dow Jones)

Venn diagram illustrating analytical factors for PJ;

11 Sep

Presence of Defendant’s Property

Note on definition of "false conflict"

791-809; In-rem jurisdiction provisions of Anticybersquatting Consumer Protection Act

Optional after class: FMC Corp. v. Continental Illinois Nat'l Bank, No. 87 C 9640, 1988 WL 116825 (N.D. Ill. Oct. 21, 1988)

Optiona: Venn diagram (.html) (Word)

13 Sep No class (Rosh Hashanah)  

18 Sep

Personal Service Within the Jurisdiction


Kentucky service of process rule (for use in class)

20 Sep

The General Jurisdiction Alternative



G.D. Searle

Lakin (panel decision, pending rehearing en banc)

Optional: graph Darrin Halcomb improved graph

25 Sep

Consent, Jurisdictional “Ouster” by Consent - Forum Selection Clauses


optional: generalization of Carnival Cruise Lines to diversity cases--Jones v. Weibrecht

optional (for use in class):

Actual forum selection clauses (.html) (Word)

Hypothetical trial-by-combat forum selection clause (.html) (Word)

Ears cut off (.html) (Word)

re judicial enforcement of arbitration awards:

Federal Arbitration Act section 10

Uniform Arbitration Act section 12

New York Convention article V

optional, for, or after this class:

Construct a flowchart/decision tree of personal jurisdiction; email it to; be willing to have it displayed and discussed in class

Flow chart example - mailing a letter

27 Sep

The Requirement of Notice

835-840; Fed.R.Civ.P. 4

for use in class:

Illinois service of process rule

Hypothetical file-sharing service of process rule

2 Oct

Venue and Discretionary Decline of Jurisdiction

840-847; 847-859; 28 U.S.C. §1391, 1404

Vance v. Rumsfeld

Hypo: Be prepared to argue either side of Part II of the amicus brief prepared for Wood Industries v. KTA (pertaining to forum non conveniens). If you need more facts, determine exactly what facts and how you would get them.


Venn diagram

The following illustrate state venue statutes.

Illinois venue statute

Illinois long-arm statute

Illinois corporation residence statute

Illinois local action venue statute

NY venue rule - general

NY venue rule - public authorities




4 Oct

Diversity of Citizenship,

Federal Question

860-871; 28 U.S.C. § 1332

871-874 n.2; 877-886 n.1; 28 U.S.C. § 1331


Examples of grants of power to state trial courts (IL, MD, PA, VA)

Hohfeldian analysis

9 Oct

The Penumbra of Federal Jurisdiction: Supplemental Jurisdiction,

890-892; 28 U.S.C. § 1367; Exxon Mobil

[we will review the basic claim- and party-joinder rules, Fed.R.Civ.P. 18, 20, 24, 13, 14, in class; you may wish to peruse them beforehand, but you are not expected to know them well]

Hypothetical diagrams (Powerpoint)

Note on complete diversity requirement and supplemental jurisdiction

11 Oct


Solutions to Schnayer problem

911-918; 28 U.S.C. §§ 1441, 1446-1447

Hypothetical diagrams (Powerpoint)


HHP removal note

Judicial hieararchies (Powerpoint)

After class:

"All defendants must join"

16 Oct


Note on Erie and supplemental jurisdiction


Swift v. Tyson, p919;

Erie RR v. Tomkins, p920-927

Be prepared to apply Erie to recent complex hypotheticals

For review lecture: review notes and assignments preceding this class




18 Oct

The Historical Evolution of Pleading,

121-131, Browse Fed.R.Civ.P. 2-11;

Common law pleading examples (declarations)

Stipp v. Jackson per Chitty on Pleading




Consider the adequacy of the three alternative complaints in Fratamico v. Nigrelli; and of the two claims in Stipp v. Jackson (Illinois is a fact pleading jurisdiction)

Elements of fraudulent misrepresentation

Elements of international interference with contractual relations

IL basic pleading rule

IL small claims pleading rule

IL pro-se small claims form

Contents of small claims form

(optional: Harry Emmanuel Scozzaro, Jr., Notice Pleading Under the Federal Rules of Civil Procedure Following Sweirkiewicz v. Sorema, 26 Am. J. Trial Advoc. 385 (2002) (good summary of common law pleading and comparison with Fed.R.Civ.P.))

23 Oct

Describing and Testing the Plaintiffs Claim,

131-156; 163-182 n.1; Fed.R.Civ.P. 8, 9, 11, 16

Summons in Civil Action form


McKinney v. Poulos complaint

Pup v. Butzer Collections complaint

25 Oct

Practical drafting exercise

Transferred intent (you were right!) (.html) (Word), but the causation/substantial certainty issue remains with respect to the curb/ground contact

Watch client interview (Web video)

(You need RealPlayer on your computer for this to work. You can download RealPlayer from

(send each of the following documents to

Draft complaint (due today, before class)

Draft Fed.R.Civ.P. 26(a) disclosures (due 8 November)

Draft Initial Plaintiff Interrogatories to Defendant under Fed.R.Civ.P. 33 (due 13 November)


Sample complaints from the real world: Viacom v. YouTube, ACLU, FCC, FOIA, NARM, SEC

30 Oct

Defendant’s Response, voluntary dismissal

 189-212; 212-214 Fed.R.Civ.P. 12



Sample answers: Viacom v. Youtube, McConnell, CIA, Vitf

Motions to dismiss: e.g.1, e.g.2, e.g.3

1 Nov

Amendments to Pleading

Wrap up pleading

 214-227; Fed.R.Civ.P. 15; review earlier pleading material




6 Nov

The Promise and Reality of Broad Discovery, The Discovery Devices


Audio recording of Bennaza deposition of Officer Ryan Clay (.mp3 file)

Audio recording of Christensen deposition of Bicycle Messengers owner Ryan Strong (.mp3 file)


332-342; 342-357; skim Fed.R.Civ.P. 26-37, concentrating on Rules 26(b)-(g), 37

Amended Bennaza complaint (use this for the deposition and subsequent proceedings).

Be prepared to participate in a mock deposition of (a) Officer Ryan Clay, assuming the deposition was noticed by Bennaza's's lawyer (you), and (b) a mock deposition of the employer of the hypothetical motorcycle-accident victim, Christianson v. Bicycle Messengers, noticed by the plaintiff's lawyer (you). Be prepared to conduct direct and cross examination, and to know the authority in the deposition rules for what you propose to do in the deposition and for what your opponent may try to do and you oppose.

Basic information on the ADA

Examples: Rule 26(a) disclosures, (alternative format), interrogatories, answers to interrogatories, request for production, request for admissions, notice of individual deposition, notice of multiple depositions, deposition transcript

Subpoena form


8 Nov

Rule 26(a)(1) disclosures

Rule 26(a)(1) drafts due before class today; email to

You should should prepare Rule 26(a)(1) disclosures for the following party:

Center section, back two rows: on behalf of plaintiff Bennaza

Center section, front two rows: on behalf of plaintiff Christenson

Audience right section, back two rows: on behalf of defendant Officer Ryan Clay

Audience right section, front two rows: on behalf of defendant Bicycle Messengers, Inc.

Audience left section, back two rows: on behalf of defendant Village of Kenilworth

Audience left section, front two rows: on behalf of defendant Yamahonda

Review Rule 26(a)(1)

Consider discovery strategies in hypothetical motorcycle-accident victim case: Christianson v. Bicycle Messengers

13 Nov

Interrogatories, requests for production, requests for physical or mental examination and requests for production

Managing the Scope and Burden of Discovery,

Draft interrogatories due before class today; email to

Review Rule 33 (you do not need to write definitions; just write the questions)

(Same client assignments as for Rule 26(a)(1) disclosures); if you represent the plaintiff, audience-right side prepares interrogatories to be propounded to Officer Clay/Bicycle Messengers and audience-left side prepares interrogatories to be propounded to Village of Kenilworth/Yamahonda

Consider discovery strategies in hypothetical motorcycle-accident victim case: Christianson v. Bicycle Messengers 

357-380; Fed.R.Civ.P. 26(b)(2)


Example of discovery plan

Judge Kimba Wood's model discovery plan

Good case on destruction/"spoilation" (html) (Microsoft Word)

15 Nov

Exemptions From Discovery,


ABA Model Rules of Professional Conduct 4.2

Consider likely application of doctrine from assigned cases and notes and of Rule MRPC 4.2 in Bennaza v. Clay, and Christianson v. Bicycle Messengers

Hypothetical discovery requests to consider

20 Nov

Enforcing the Discovery Rules-Sanctions

Investigation-Fact Gathering Without Judicial Assistance; recap of major discovery events

415-423; Fed.R.Civ.P. 37 

review pp xi-xviii in Rules Pamphlet

Select (in class) lead counsel(s) for summary judgment argument on 21 November


Do your own timeline of events in a civil case between filing of the complaint and a motion for summary judgment; send it, if you wish, to

District of Maine ADA case docket sheet

District of Iowa ADA case docket sheet-jury

Eastern Districtof VA ADA case docket sheet




22 Nov. No class - Thanksgiving  

27 Nov.

The Nature of the Summary Judgment Device: The Concept of Burden Shifting


424-427; 435-445; 447-448 nn.6-7; Fed.R.Civ.P. 56

"Standardized" Bennaza complaint

Bennaza affidavit

Christensen complaint

Christenson affidavit

Vroom (dealer salesman) affidavit

Drool (Yamahonda engineer) affidavit

Bennaza's Opposition to Summary Judgment

Consider depositions in Bennaza and Christianson cases (posted on 6 November entry)

Argue summary judgment motions before "Judge" Mead

"Judge" Mead's standing order (.html) (Word)


Example of summary judgment in ADA case, affirming and reversing on two different counts

29 Nov Class cancelled  

4 Dec.

Pretrial management

Adrian Guerrero's experience as a juror

465-470; Fed.R.Civ.P. 26(f), 16, Official Form 35

Example of Rule 16(b) scheduling order: Viacom v. YouTube

N.D. Ill. Local Rule - Standing Order on pretrial procedures

Sample pretrial orders: No. 1; No. 2

course evaluation questionnaires will be distributed a few minutes before the end of class

5 Dec

[Last class] REVIEW Lecture (review all notes and assignments)


James, Hazard, Leubsdorf, Civil Procedure (4th ed. 1992).

Shreve & Raven-Hansen, Understanding Civil Procedure (3rd ed. 2001).

Wright, Federal Courts (5th ed. 1994).

Wright, Miller & Cooper, Federal Practice and Procedure (1969), kept up-to-date by cumulative pocket supplements (2001).

Avoid Gilbert’s 


The final examination in this course will be given on Wednesday, 13 December 2007, at 6:00 PM and at no other time. It will last three hours.

In the final examination, you are responsible for all the materials discussed in class and in the assigned readings. Obviously, the examination cannot touch upon all that material, but anything we do in class, anything you see in your court visit, and anything in the assigned readings may be tested. You may bring any materials, whether commercially prepared or not, to the final exam, but successful performance on the exam will not require original research. Prepare for the exam as though it were “closed-book.”


Much of the material and most of the legal analysis in this course is not contained in the assigned readings. Consequently, class attendance is an indispensable part of the course. Failure to attend regularly will result in exclusion from the course and a grade of “E” Sporadic absences will result in a lowering of your grade, in the discretion of the instructor. The instructor reserves the discretion to determine what constitutes “regularly” and “sporadic.” The only safe course is to attend every class.


I strongly discourage tardiness and reserve the power to lower your grade for tardiness.


Do not wear hats in class.


Once you are present in the classroom, please stay there, unless you have a genuine emergency. If an emergency requires you to leave the classroom, do not return.


I teach “Socratically.” Every student is expected to be prepared in every class. Any student may be called on at any time. Volunteering is encouraged. There is no “right” answer; only cogent and persuasive arguments, backed up by legitimate legal authority.


Attending a federal hearing or trial in United States District Court is a mandatory requirement for credit in the course. You may do this at any time during the semester. After attending, you must send me an email, to, briefly describing what you observed and explaining how it relates to one or more specific subjects in the syllabus.


Your final grade will be determined by how well you do on the final exam, except that I reserve the power to decrease your final grade for unsatisfactory classroom participation, failure to complete the drafting exercises satisfactorily, failure to complete the court visit, or excessive absenteeism or tardiness. I also reserve the power to increase your final grade for outstanding classroom participation.


I welcome interaction with students. I will be happy to make an appointment to see any of you individually or in groups. I do not have specific office hours. If you want to meet, please set up an appointment by emailing me at, calling me at (312) 906-5098, calling my assistant, Ms Patricia O’Neal at (312) 906-5128, or by seeing me before or after class.


The Website contains the syllabus, supplementary materials, old exams and model answers. Please check the Website regularly, particularly before you begin preparing for a particular class and again before coming to class. I will update it regularly. Note that course coverage probably was materially different in years for which exams and model exams are published.


I may communicate with you by e-mail at any time throughout the semester. Check your e-mail regularly. If you would like to communicate with me via e-mail, please feel free to do so.