Civil Procedure
Elon Law School
Fall 2025
Room 207
Monday, Wednesday, & Friday 1:30–3:15 pm
Eric M. Fink
336-279-9334
Office hours: calendly.com/emfink
Teaching Assistants:
Davi Thornton
Kristian Ellis
Description
In this course, you will learn about the procedures for civil suits. Topics to be covered include the scope of a lawsuit, selection of an appropriate forum, presentation of claims and defenses, choice of applicable law, disposition without a trial, and the effect of judgments on future litigation. Other aspects of civil litigation (e.g., discovery, trials, & appeals) are covered in upper-level elective courses. While the course will focus on federal courts, the rules of civil procedure in many states (including North Carolina) are similar.
This course is intended to prepare you for legal practice by developing the knowledge and skill required to recognize and analyze procedural issues in civil litigation, advise clients on those issues and the available options, and draft pleadings and motions.
Course Materials
Required
Civil Procedure: An Open-Source Casebook (v.4.0 2025). Available on the course website.
Click & Learn Civil Procedure (Carolina Academic Press). Class Code: 325-138-0701.
Suggested
Kevin M. Clermont, Principles of Civil Procedure (West Academic 7th ed. 2024). Digital version available at no cost through the West Academic Online Study Aids Collection. This hornbook provides concise overviews of the topics covered in the course.
Joseph W. Glannon, Examples & Explanations for Civil Procedure (Aspen 9th ed.) or The Glannon Guide to Civil Procedure (Aspen 5th ed.). These are two popular study aids for Civil Procedure, presenting similar content in different formats.
Policies
Grading
Your final grade for the term will be based on the assigned Click & Learn lessons (20%) and a final exam (80%):
- The Click & Learn lessons are intended to help you review &
assess your understanding of the topics covered. The Schedule &
Assignments section below lists the corresponding Click & Learn unit
for each part of the course. Required lessons in each Click & Learn
unit are indicated by a due date of December 1.Lessons without a due date are not required and will
not count toward your final grade.
You may work on the Click & Learn lessons at your own pace and may redo them as many times as you like, as long as you complete them all by the December 1 due date. Your grade will be based on your highest score for each lesson. - The final exam (closed-book/closed-note) will consist of essay and short-answer questions. You will take the final exam at the Law School during the Fall Term exam period (date & time TBA). Sample questions from past exams are posted on the course website.
Attendance
Elon Law School has adopted the following attendance policy for all courses:
The Law School administers a policy that a student maintain regular and punctual class attendance in all courses in which the student is registered, including externships, clinical courses, or simulation courses. Faculty members will give students written notice of their attendance policies before or during the first week of class. These policies may include, but are not limited to: treating late arrivals, early departures, and/or lack of preparation as absences imposing grade or point reductions for absences, including assigning a failing grade or involuntarily withdrawing a student from the class and any other policies that a professor deems appropriate to create a rigorous and professional classroom environment.
In case of illness or emergency, students may contact the Office of Student and Professional Life, which will then notify the student’s instructors. A student may notify the faculty member directly of a planned absence and should refer to individual faculty members regarding any policy that may apply. In the case of prolonged illness or incapacity, the student should contact the Office of Student Life.
You should let me know (in advance if feasible) if you are unable to attend class, will arrive late, or must leave early. I do not require an explanation of the reason, nor do I require a doctor’s note or other documentation.
Disability Accommodations
For disability accommodation requests, contact the Elon Disability Services Office.
Honor Code
The Law School honor code applies to all activities related to your law school study, including conduct during class and examinations.
Schedule & Assignments
Date |
Topic |
Assignment |
---|---|---|
|
Clermont ch. 1 & 2 |
|
Click & Learn |
Basic Skills & Fundamentals |
|
Sept. 3 |
The Judicial System & the Litigation Process |
Casebook ch. 1 |
|
Clermont ch. 6 |
|
Click & Learn |
Unit 6 |
|
Sept. 5 & 7 |
Permissive Joinder of Claims & Parties |
Casebook ch. 2, § 1 |
Sept. 10 & 12 |
Counterclaims |
Casebook ch. 2, § 2.1 |
Sept. 15 |
Crossclaims |
Casebook ch. 2, § 2.2 |
Sept. 17 & 19 |
Third-Party Defendants |
Casebook ch. 2, § 3.1 |
Sept. 22 |
Required Parties & Intervention |
Casebook ch. 2, §§ 3.2 & 3.3 |
|
Clermont ch. 4, §§ 4.2-4.4 |
|
Click & Learn |
Unit 1 |
|
Sept. 26 |
Due Process and State Power |
Casebook ch. 3, § 1.1 |
Sept. 29 & Oct. 1 |
Minimum Contacts |
Casebook ch. 3, § 1.2 |
Oct. 3 |
General Jurisdiction, Consent, & Long-Arm Statutes |
Casebook ch. 3, §§ 1.3, 1.4, & 2 |
|
Clermont ch. 4,§ 4.1 |
|
Click & Learn |
Unit 3 |
|
Oct. 6 |
Federal Question Jurisdiction |
Casebook ch. 4, §§ 1 & 2 |
Oct. 8 & 13 |
Diversity Jurisdiction |
Casebook ch. 4, § 3 |
Oct. 15 & 17 |
Supplemental Jurisdiction |
Casebook ch. 4, § 4 |
Oct. 20 |
Removal |
Casebook ch. 4, § 5 |
|
Clermont ch. 3 |
|
Click & Learn |
Unit 9 |
|
Oct. 22 & 24 |
Rules of Decision Act & Erie |
Casebook ch. 5, § 1.1 |
Oct. 27 & 29 |
Rules Enabling Act & Hanna |
Casebook ch. 5, § 1.2 |
|
Clermont ch. 2, § 2.2(A) |
|
Click & Learn |
Unit 5 |
|
Oct. 31 & Nov. 3 |
Notice Pleading & Complaints |
Casebook ch. 6, §§ 1, 2, & 3 |
Nov. 5 & 7 |
Answers and Defenses |
Casebook ch. 6, § 4 |
Nov. 10 |
Amendments |
Casebook ch. 6, § 5 |
Nov. 12 |
Truthfulness and Good Faith |
Casebook ch. 6, § 6 |
|
Clermont ch. 5 |
|
Click & Learn |
Unit 10 (part 1 only) |
|
Nov. 14 & 17 |
Claim Preclusion |
Casebook ch. 7, §§ 1 & 2 |
Nov. 19 & 21 |
Issue Preclusion |
Casebook ch. 7, § 3 |
|
Clermont ch. 2, § 2.2 |
|
Click & Learn |
Unit 8 (part 1, sec. III only) |
|
Nov. 24 |
Standard & Burden of Production |
Casebook ch. 8 |
TBD |
Final Review |
|
TBD |
Final Exam |
Notes:
- Readings from the Clermont hornbook are optional. You may find them helpful to get an overview of the topics covered.
- This class will not meet on Sept. 24 and Oct. 10.