Active Outline

General Information

Course ID (CB01A and CB01B)
PARAD097B
Course Title (CB02)
Advanced Civil Litigation Procedures
Course Credit Status
Credit - Degree Applicable
Effective Term
Fall 2024
Course Description
The course focuses on selected pretrial, discovery, and post-trial procedures for paralegals; document preparation; judicial council form use; and case analysis.
Faculty Requirements
Discipline 1
[Law]
FSA
[FHDA FSA - LAW]
Course Family
Not Applicable

Course Justification

This course is in a CTE program and is CSU transferable. This course was developed in response to advice from the advisory board for the program to have a class that focuses primarily on the process of discovery within the legal process. This course belongs on the degree programs in Paralegal Studies. This course prepares students to assist in preparing and responding to discovery demands within legal environments.

Foothill Equivalency

Does the course have a Foothill equivalent?
No
Foothill Course ID

Course Philosophy

Formerly Statement

Course Development Options

Basic Skill Status (CB08)
Course is not a basic skills course.
Grade Options
  • Letter Grade
  • Pass/No Pass
Repeat Limit
0

Transferability & Gen. Ed. Options

Transferability
Transferable to CSU only

Units and Hours

Summary

Minimum Credit Units
4.0
Maximum Credit Units
4.0

Weekly Student Hours

TypeIn ClassOut of Class
Lecture Hours4.08.0
Laboratory Hours0.00.0

Course Student Hours

Course Duration (Weeks)
12.0
Hours per unit divisor
36.0
Course In-Class (Contact) Hours
Lecture
48.0
Laboratory
0.0
Total
48.0
Course Out-of-Class Hours
Lecture
96.0
Laboratory
0.0
NA
0.0
Total
96.0

Prerequisite(s)

PARA D097A or professional experience appropriate to the topic

Corequisite(s)

Advisory(ies)

ESL D272. and ESL D273., or ESL D472. and ESL D473., or eligibility for EWRT D001A or EWRT D01AH or ESL D005.

Limitation(s) on Enrollment

Entrance Skill(s)

General Course Statement(s)

Methods of Instruction

Lecture and visual aids

Discussion of assigned reading

Viewing, analysis, critique of assigned videos

Written reports and essays

Homework and extended projects

Collaborative learning and small group exercises

Collaborative projects

Discussion and problem-solving performed in class and/or through online course delivery

Guest speakers

Homework and extended projects

Quiz and examination review performed in class and/or through online course delivery

Assignments

  1. Oral
    1. Small group discussion of course content
    2. Individual and/or small group presentations of course material
    3. Role playing involving mock paralegal activities
  2. Written assignments
    1. Summarize selected discovery statutes
    2. Analyze factual situations and applicable legal principles
    3. Draft selected legal documents relating to motion and discovery practice, such as Interrogatories, deposition summary and motion to compel discovery.
    4. Draft documents needed for trial preparation such as case summary, case timeline and/or settlement conference statement
  3. Weekly reading assignments
    1. Assigned readings from text and other references
    2. Assigned readings from relevant codes and court rules
    3. Assigned readings from selected case law.
    4. Viewing, analysis, critique of assigned videos

Methods of Evaluation

  1. Oral and written assignments where students will demonstrate their understanding of the law and procedure related to discovery in the trial process.
  2. Written quizzes and final examination testing student knowledge of statutes, procedure and rules in the discovery process
  3. Participation in class discussion where students will show their understanding of the law and their ability to apply it to given factual situations
  4. Small group and/or individual presentations designed to demonstrate understanding of the law and civil procedure

Essential Student Materials/Essential College Facilities

Essential Student Materials: 
  • None
Essential College Facilities:
  • None

Examples of Primary Texts and References

AuthorTitlePublisherDate/EditionISBN
Gore, JulieLitigation by the NumbersLawdable Press12th ed., 2023
Kerley, Peggy; Hames, Joanne; Sukys, PaulCivil LitigationCengage8th ed., 20209781337798839

Examples of Supporting Texts and References

None.

Learning Outcomes and Objectives

Course Objectives

  • Explain and analyze the rules and procedures for the civil discovery aspect of the litigation process
  • Prepare discovery requests and respond to discovery
  • Examine rules, procedures and prepare documents for discovery motions
  • Analyze discovery issues resulting from litigation in a global business environment
  • Evaluate the appropriateness of summary judgment proceedings and draft documents for initiating and responding to the motion
  • Summarize steps necessary to prepare for trial and prepare trial notebook
  • Examine the rules and forms for post-trial motions
  • Explain rules, procedures and forms for appealing a civil action
  • Evaluate the effect of Automated Litigation Support on discovery and trial preparation
  • Describe and examine the role of the paralegal in discovery and trial preparation as influenced by gender, cultural and age factors

CSLOs

  • Demonstrate knowledge of civil discovery rules, procedures and motions.

  • Outline the steps necessary to prepare for trial.

  • Demonstrate knowledge of appellate rules, procedures and pleadings.

Outline

  1. Explain and analyze the rules and procedures for the civil discovery aspect of the litigation process
    1. General nature and forms of discovery
    2. Federal Rules of Civil Procedure
    3. California Code of Civil Procedure
    4. California Rules of Court
    5. Calendaring and time limitations
    6. Privileges
      1. Evidentiary privileges
      2. Constitutional privileges
      3. Trade secret privilege
    7. Sanctions for failure to comply with discovery
  2. Prepare discovery requests and respond to discovery
    1. Interrogatories
      1. Preparing and drafting Judicial Council forms
      2. Preparing and drafting specially prepared interrogatories
      3. Responding
      4. Serving and filing requirements
    2. Requests for admissions
      1. Preparing and drafting Judicial Council forms
      2. Preparing and drafting specially prepared interrogatories
      3. Responding
      4. Serving and filing requirements
    3. Depositions
      1. Requirements and documents for setting up party and nonparty depositions
      2. Objecting to a deposition
      3. Preparing a client for a deposition
      4. Video taping depositions
      5. Summarizing transcripts
      6. Use at trial
    4. Demand for medical examinations
      1. Requirements and documents for setting up a medical examination
      2. Objecting to the examination
      3. Preparing client for examination
      4. Obtaining and reviewing expert report
    5. Requests to produce and inspect
      1. Limitations
      2. Preparing the request
      3. Responding to the request
    6. Expert witness disclosure
      1. Preparing the request
      2. Responding to the request
  3. Examine rules, procedures and prepare documents for discovery motions
    1. Types of motions
      1. Motions to compel discovery
      2. Motions to compel further discovery
      3. Motions for protection
      4. Motions for sanctions
    2. Rules governing discovery motion practice
      1. Federal Rules of Civil Procedure
      2. California Code of Civil Procedure
      3. California Rules of Court
      4. Case law
      5. Meet and Confer requirements
      6. Service and filing requirements
    3. Documents for discovery motions
      1. Notice of motion
      2. Declarations and affidavits
      3. Memorandum of points and authorities
      4. Special requirements for motions to compel further responses
      5. General format requirements for documents
  4. Analyze discovery issues resulting from litigation in a global business environment
    1. Depositions in California for use in another state or foreign nation (CCP 2029)
    2. Depositions in other states or foreign nations for use in California
      1. Uniform Deposition Act
      2. Full faith and credit
      3. Effect of Hague Treaty
      4. Cooperation of foreign government
  5. Evaluate the appropriateness of summary judgment proceedings and draft documents for initiating and responding to the motion
    1. Legal requirements for granting or denying a summary judgment motion
    2. Initiating the motion
      1. Moving papers
      2. Setting court date
    3. Responding to the motion
      1. Preparing declarations
      2. Evaluating legal basis
    4. Entry and execution of judgment
  6. Summarize steps necessary to prepare for trial and prepare trial notebook
    1. Organizing the file
    2. Summarizing discovery
    3. Trial briefs
    4. Witness preparation
    5. Document handling
    6. Preparation of trial notebook
  7. Examine the rules and forms for post-trial motions
    1. Motion for new trial
    2. Motion for judgment notwithstanding the verdict
  8. Explain rules, procedures and forms for appealing a civil action
    1. Time considerations
    2. Notice of appeal
    3. Preparation of transcript
    4. Preparation of briefs
  9. Evaluate the effect of Automated Litigation Support on discovery and trial preparation
    1. Discovery software
    2. Deposition and transcript summary software
    3. Case evaluation software
    4. Document management software
    5. Predictive Coding software
  10. Describe and examine the role of the paralegal in discovery and trial preparation as influenced by gender, cultural and age factors
    1. Relating to attorneys, expert witnesses and clients
    2. Assessing the credibility of information
    3. Assessing the credibility of witnesses
    4. Obtaining information
    5. Special ethical concerns with unauthorized practice of law, honesty, competency and confidentiality
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