Patrick Shoulders (self-described as having a 70s hairdo and a pornstache) bats clean up for the day with Civil Procedure. He’s a particularly entertaining speaker which is why they save him for last.
New addition to trial rules: objection – opportunity to get the material elsewhere. Also, objection that the expense of production outweighs the likely relevance. Again – a) privilege logs will be necessary; b) “claw back” provision allowing sequester and return of documents produced by mistake. No sanctions for good faith, routine destruction of e-materials (the “Bush Attorney General Firing” oops! I lost it! exception).
Service – Default judgment based on “nail it & mail it service” (copy left and mailed by ordinary mail) and also tried certified mail which was unclaimed. Court upheld the default because the Bank that got the default attempted service by reasonable means.
Supreme Court allowed long-arm view of personal jurisdiction — anything consistent with due process. This means minimum contacts with the forum state and not offensive to notions of fair play and substantial justice. If these are present, then a trial court can exercise personal jurisdiction over a party.
Aww, I give up. He’s moving too fast and is too entertaining to do much more than just sit back and listen.
That’s a wrap for Day 1.
Leave a Reply