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Wednesday, November 18, 2020

Procedure matters

Civ Pro is a spring class at FIU, so I do not get them until January. But I hope they are paying some attention to the Trump litigation campaign, particularly the case in MDPa. That mess shows how much procedure matters, if only to getting the court to take you seriously as a competent advocate and thus your claims seriously as presented. But Giuliani (and other's) complete lack of understanding of how litigation operates at the level of a basic Civ Pro class--when leave to amend must be sought, what claims and allegations are or not in a case, the meaning of pleading standards--has been stunning. Grasp of procedure also marks the difference between legal and political activities, which supports news reports that Giulian's gambit is entirely the latter and none of the former.

Posted by Howard Wasserman on November 18, 2020 at 08:38 PM in Civil Procedure, Howard Wasserman, Judicial Process | Permalink

Comments

The FRCP and an informed arbiter. Something that might be worth exploring.

Posted by: Howard Wasserman | Nov 21, 2020 11:29:42 PM

One lesson is that it really does help to know the difference between Michigan and Minnesota.

Posted by: Jeff Lipshaw | Nov 21, 2020 4:30:51 PM

The idea that civil procedure is what demarcates the otherwise non-autonomous realms of law and politics is an interesting and maybe even plausible one.

Posted by: Asher Steinberg | Nov 19, 2020 10:28:59 PM

Howard,
Great observations. Is there a Civil Proceedings primer for non-lawyers that you would recommend? Thank you and stay well.

Posted by: Paul Sonnenfeld | Nov 19, 2020 2:12:10 AM

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