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Civil Litigation Procedure is a foundational textbook designed to introduce students to the essential procedures involved in the early stages of civil litigation. This resource guides readers through the initial steps of the civil litigation process, including client intake and interviews, fact gathering and investigation, the preparation and filing of pleadings, and the drafting and filing of motions. With clear explanations and practical examples, this book helps students understand how to support attorneys, manage case files, and apply procedural rules effectively. Civil Litigation I prepares students for real-world legal work and provides the knowledge and skills needed for further study and success in the legal field.
Course Competency 1: Outline the civil litigation process
Learning Objectives:
- Conduct an initial client interview via role activities
- Explain the steps involved in opening a litigation file including: performing a conflicts checks, fee agreements, disengagement and non-engagement letters
- Develop an investigation plan for a sample case
- Explain what occurs during the pleading phase of litigation
- Explain what occurs during the discovery phase of litigation
- Explain what occurs during a pretrial conference
- Explain what occurs during the trial phase of litigation
- Explain what occurs during the appeals process
- Observe a civil trial
Course Competency 2: Determine jurisdiction and venue
Learning Objectives:
- Explain Personal Jurisdiction and the importance of Long Arm Statutes
- Explain Subject Matter Jurisdiction
- Describe the difference between In Rem and Quasi In Rem Jurisdiction
- Explain the difference between Venue and Jurisdiction
- Identify the three types of cases in which Federal Courts have Subject Matter Jurisdiction
- Explain the Defendant's Right of Removal
Course Competency 3: Evaluate facts, causes of action and defenses
Learning Objectives:
- Identify causes of actions including: Intentional Torts, Unintentional Torts, Strict Liability, and Breach of Contract actions
- Determine the Elements of a Cause of Action using the Jury Instructions, and Proof of Facts
- Develop a Litigation Theory Chart
- Identify defenses Intentional Torts, Unintentional Torts, Strict Liability, and Breach of Contract actions
Course Competency 4: Explore statutory requirements and considerations for drafting pleadings
Learning Objectives:
- Identify the different types of Pleadings allowed in Wisconsin
- Explain the concept of Pleading in the Alternative
- Locate Forms and identify Formbooks commonly utilized when drafting Pleadings
- Identify the 3 functions of a Summons and distinguish it from Pleadings
- Identify the 5 parts of a Complaint
- Explain the concept of Notice Pleading and list the exceptions to it under Wisconsin law
- Draft a Complaint
- Distinguish between Factual Defenses, Procedural Defenses, and Affirmative Defenses
- Draft an Answer
- Explain the paralegal’s role in the pleading process
- Explain the e-filing rules
- Identify UPL concerns
Course Competency 5: Explore the different methods of service of process
Learning Objectives:
- Explain different types of Service including: Personal, Substituted, and Service by Publication
- Explain the time limitations applicable under Wisconsin law
- Explain the qualifications necessary to serve legal documents in Wisconsin
- Explain Proof of Service requirements
- Determine proper method of Service in different cases
- Identify Motions used to challenge Service
Course Competency 6: Explore statutory requirements and considerations for drafting motions and supporting documents
Learning Objectives:
- Explain the 3 requirements every Motion must satisfy
- Explain the function of Motions in the litigation process
- Identify 5 dispositive motions and explain what dispositive means
- Identify 5 motions which are not dispositive
- Explain proper Notice and calendaring of Motions
- Identify situations when Ex Parte Motions are appropriate
- Draft a Notice of Motion and Motion based on a case study
- Explain the use of Affidavits and Briefs in support of Motions
Course Competency 7: Describe the methods of civil discovery
Learning Objectives:
- Identify the seven functions of discovery
- Identify the five types of discovery
- Explain each method of discovery
- Distinguish between the Wisconsin and the Federal rules with respect to each method of discovery
- Explain the rules which regulate the scope of discovery: including relevancy, privileges, and special statutory rules applicable in Wisconsin
- Explain the use of litigation holds
- Explain the function and use of preservation letters
- Explain the Wisconsin and Federal e-discovery rules
- Explain the Clawback Rules in the context of e-discovery
Course Competency 8: Explore statutory requirements and considerations for drafting discovery documents
Learning Objectives:
- Locate Forms on the Internet and identify Formbooks commonly utilized when drafting discovery documents
- Draft Interrogatories based on a case study
Course Competency 9: Draft Wisconsin appellate documents
Course Competency 10: Describe ethical issues commonly arising in a civil litigation practice
Learning Objectives:
- Explain the no contact rule
- Explain the rule regarding ex parte communication
- Describe Wisconsin’s 72 hour rule
- Describe ethical issues arising in the context of e-discovery
- Describe ethical issues involved in the use of social media in the litigation process
- Describe the constraints on lawyer advertising
- Explain the scope of attorney-client privilege and the duty of confidentiality
- Explain the Conflict of Interest rules
- Explain the rules protecting work product
This textbook is part of the WisTech Open collection and is licensed under a Creative Commons Attribution 4.0 International License (CC BY 4.0).
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License: https://creativecommons.org/licenses/by/4.0/
You are free to:
– Share — copy and redistribute the material in any medium or format
– Adapt — remix, transform, and build upon the material for any purpose, even commercially
Under the following terms:
– Attribution — You must give appropriate credit to WisTech Open, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests WisTech Open endorses you or your use.
License: https://creativecommons.org/licenses/by/4.0/
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