Wed, 04 Mar 2026 16:38:13 -0500 https://civilprocedure.com en-us © 2026 Civil Procedure yes a2756fb5-a2c1-520b-806f-477b218c26b5 Prof. Thomas Main episodic false Buzzsprout (https://www.buzzsprout.com) Prof. Thomas Main https://storage.buzzsprout.com/x7jz94kftitoyevgh3tyfm1bpm5n?.jpg Discovery in Practice This is a tutorial lecture that introduces discovery under the Federal Rules of Civil Procedure. Fist, I give an overview of five of the most important discovery devices, namely depositions, interrogatories, document requests, physical and mental examinations, and requests for admission. Second, I briefly describe mandatory initial disclosure obligations. Next, I discuss the three components that define the scope of discovery: relevance, privilege, and proportionality. And finally I discuss motions for protective orders, motions to compel, and sanctions--all in the context of how litigators handle discovery requests that are improper. Because this episode focuses on the basic issues of practice, I do not cover here deep history, ethical constraints, or more advanced issues of e-discovery, production methods, 30(b)(6) depositions, etc.

]]> This is a tutorial lecture that introduces discovery under the Federal Rules of Civil Procedure. Fist, I give an overview of five of the most important discovery devices, namely depositions, interrogatories, document requests, physical and mental examinations, and requests for admission. Second, I briefly describe mandatory initial disclosure obligations. Next, I discuss the three components that define the scope of discovery: relevance, privilege, and proportionality. And finally I discuss motions for protective orders, motions to compel, and sanctions--all in the context of how litigators handle discovery requests that are improper. Because this episode focuses on the basic issues of practice, I do not cover here deep history, ethical constraints, or more advanced issues of e-discovery, production methods, 30(b)(6) depositions, etc.

]]> Prof. Thomas Main Buzzsprout-9256344 Fri, 24 Sep 2021 19:00:00 -0700 2695 full false Judge Katharine Parker Interview (Rule 34 +) This episode is a recording of my conversation with Judge Katharine H. Parker, Magistrate Judge for the U.S. District Court for the Southern District of New York. Judge Parker is an authority on, among other things, electronic discovery. Our conversation here focuses primarily on lawyers' duties under Fed. R. Civ. P. 34 (and, more broadly, the scope of discovery under Rule 26).  The interview took place by teleconference on May 17, 2021. Because we recorded our conversation with Zoom, the quality of the audio is satisfactory, but not ideal.

]]> This episode is a recording of my conversation with Judge Katharine H. Parker, Magistrate Judge for the U.S. District Court for the Southern District of New York. Judge Parker is an authority on, among other things, electronic discovery. Our conversation here focuses primarily on lawyers' duties under Fed. R. Civ. P. 34 (and, more broadly, the scope of discovery under Rule 26).  The interview took place by teleconference on May 17, 2021. Because we recorded our conversation with Zoom, the quality of the audio is satisfactory, but not ideal.

]]> Prof. Thomas Main Buzzsprout-8686743 Fri, 11 Jun 2021 12:00:00 -0700 2156 full false Claim and Issue Preclusion -- in 40 minutes This episode is a lecture tutorial that offers an overview of the doctrines of claim preclusion and issue preclusion.  These doctrines are also know as res judicata and collateral estoppel, respectively.  (Confusingly,) These doctrines are also sometimes jointly referred to as "res judicata."

]]> This episode is a lecture tutorial that offers an overview of the doctrines of claim preclusion and issue preclusion.  These doctrines are also know as res judicata and collateral estoppel, respectively.  (Confusingly,) These doctrines are also sometimes jointly referred to as "res judicata."

]]> Prof. Thomas Main Buzzsprout-6430114 Tue, 17 Nov 2020 17:00:00 -0800 2418 full false Erie Doctrine in 40 Minutes This episode is a tutorial lecture about the Erie Doctrine. I cover a little bit of the history leading up to the Erie Doctrine and then offer advice about how to tackle an Erie issue in practice or on an exam. This is a 40-minute introduction and overview that focuses on the basics.  

]]> This episode is a tutorial lecture about the Erie Doctrine. I cover a little bit of the history leading up to the Erie Doctrine and then offer advice about how to tackle an Erie issue in practice or on an exam. This is a 40-minute introduction and overview that focuses on the basics.  

]]> Prof. Thomas Main Buzzsprout-6389359 Sun, 15 Nov 2020 17:00:00 -0800 2375 full false Removal Jurisdiction in Practice This episode is a tutorial lecture about the practical application of the doctrine of removal. Removal jurisdiction describes the circumstances under which an action can be removed, by a defendant, from state court to federal court. The lecture focuses primarily on the application of Sections 1441 and 1446 of Title 28.  This is one of several episodes regarding related topics of federal subject matter jurisdiction.

]]> This episode is a tutorial lecture about the practical application of the doctrine of removal. Removal jurisdiction describes the circumstances under which an action can be removed, by a defendant, from state court to federal court. The lecture focuses primarily on the application of Sections 1441 and 1446 of Title 28.  This is one of several episodes regarding related topics of federal subject matter jurisdiction.

]]> Prof. Thomas Main Buzzsprout-6332461 Wed, 11 Nov 2020 14:00:00 -0800 2059 full false Supplemental Jurisdiction in Practice This episode is a tutorial lecture about supplemental jurisdiction. This is one of several episodes on the broader topic of federal subject matter jurisdiction. This episodes focuses on the practical application of Section 1367 of Title 28.  I do not try to cover history or any other context here.

]]> This episode is a tutorial lecture about supplemental jurisdiction. This is one of several episodes on the broader topic of federal subject matter jurisdiction. This episodes focuses on the practical application of Section 1367 of Title 28.  I do not try to cover history or any other context here.

]]> Prof. Thomas Main Buzzsprout-6289678 Mon, 09 Nov 2020 07:00:00 -0800 2576 full false Original Subject Matter Jurisdiction in Practice This episode is a tutorial lecture about original subject matter jurisdiction in federal courts. It introduces--and focuses exclusively on--the doctrines of federal question under 28 USC 1331 and diversity under 28 USC 1332. I do not cover class actions nor any of other (less common) bases for original subject matter jurisdiction. In this episode I also focus on a very practical application of the contemporary doctrine.  Consult other episodes for lectures about historical context and for the other bases for federal subject matter jurisdiction (esp. supplemental and removal jurisdiction).

]]> This episode is a tutorial lecture about original subject matter jurisdiction in federal courts. It introduces--and focuses exclusively on--the doctrines of federal question under 28 USC 1331 and diversity under 28 USC 1332. I do not cover class actions nor any of other (less common) bases for original subject matter jurisdiction. In this episode I also focus on a very practical application of the contemporary doctrine.  Consult other episodes for lectures about historical context and for the other bases for federal subject matter jurisdiction (esp. supplemental and removal jurisdiction).

]]> Thomas Buzzsprout-6273061 Sun, 08 Nov 2020 08:00:00 -0800 3075 full false Venue (including transfers and forum non conveniens) This episode is a tutorial lecture about the doctrine of venue. I first cover the federal venue statute, 28 USC 1391. In circumstances when venue is improper, there are two follow-on options: dismissal or transfer. In circumstances when venue is proper, there are three follow-on options: proceed, dismissal, and transfer. 

]]> This episode is a tutorial lecture about the doctrine of venue. I first cover the federal venue statute, 28 USC 1391. In circumstances when venue is improper, there are two follow-on options: dismissal or transfer. In circumstances when venue is proper, there are three follow-on options: proceed, dismissal, and transfer. 

]]> Thomas Buzzsprout-6237241 Thu, 05 Nov 2020 09:00:00 -0800 4309 full false Notice/Service, 12b4 and 12b5 Motions to Dismiss in Practice This episode is a tutorial lecture about Service of Process under Federal Rule, and the 12(b)(4) and 12(b)(5) motions to dismiss. The episode focuses on a practical application of these Rules.

]]> This episode is a tutorial lecture about Service of Process under Federal Rule, and the 12(b)(4) and 12(b)(5) motions to dismiss. The episode focuses on a practical application of these Rules.

]]> Thomas Buzzsprout-6093832 Tue, 27 Oct 2020 13:00:00 -0700 2493 full false Interview with A. Ross (re McIntyre Mach. v. Nicastro and Specific Jurisdiction) This episode is my interview with Alexander Ross, Jr., the lawyer who represented Robert Nicastro in J. McIntyre Machiner Ltd. v. Nicastro. The interview took place on October 14, 2020. Because we recorded our conversation with Zoom, the quality of the audio is satisfactory, but not ideal.

]]> This episode is my interview with Alexander Ross, Jr., the lawyer who represented Robert Nicastro in J. McIntyre Machiner Ltd. v. Nicastro. The interview took place on October 14, 2020. Because we recorded our conversation with Zoom, the quality of the audio is satisfactory, but not ideal.

]]> Thomas Buzzsprout-5968894 Mon, 19 Oct 2020 14:00:00 -0700 2229 full false Personal Jurisdiction in Context This episode is a tutorial that puts the doctrine of personal jurisdiction into some broader context. I offer a little bit of history and offer some big-picture framing that might help you with your mastery of this subject. Notice that there is a separate episode that focuses on applying the doctrine to a given set of facts--that episode is called 12(b)(6) in Practice.  The episodes do not really overlap, except to the extent that they both address one of the most important topics in a Civil Procedure course.

]]> This episode is a tutorial that puts the doctrine of personal jurisdiction into some broader context. I offer a little bit of history and offer some big-picture framing that might help you with your mastery of this subject. Notice that there is a separate episode that focuses on applying the doctrine to a given set of facts--that episode is called 12(b)(6) in Practice.  The episodes do not really overlap, except to the extent that they both address one of the most important topics in a Civil Procedure course.

]]> Thomas Buzzsprout-5949247 Sun, 18 Oct 2020 12:00:00 -0700 2370 full false ADR This is a tutorial lecture about--and an introduction to--alternative dispute resolution (ADR). I discuss arbitration and mediation, and pose a couple larger questions about ADR. 

]]> This is a tutorial lecture about--and an introduction to--alternative dispute resolution (ADR). I discuss arbitration and mediation, and pose a couple larger questions about ADR. 

]]> Thomas Buzzsprout-5933179 Fri, 16 Oct 2020 22:00:00 -0700 1882 full false Summary Judgment in Practice / Rule 56 This episode is about the practical application of summary judgment and FRCP 56.

]]> This episode is about the practical application of summary judgment and FRCP 56.

]]> Thomas Buzzsprout-5756281 Mon, 05 Oct 2020 15:00:00 -0700 3256 full false Counterclaims, Crossclaims, and Third-Party Claims/Rules 13 and 14 This episode is a tutorial lecture about three types of ancillary claims: counterclaims (compulsory and permissive), crossclaims, and third-party impleader claims. 

]]> This episode is a tutorial lecture about three types of ancillary claims: counterclaims (compulsory and permissive), crossclaims, and third-party impleader claims. 

]]> Thomas Buzzsprout-5542429 Mon, 21 Sep 2020 15:00:00 -0700 3520 full false Simple Joinder/Rules 18 and 20 This episode is a tutorial lecture about the joinder of claims and parties under Rules 18 and 20, respectively.

]]> This episode is a tutorial lecture about the joinder of claims and parties under Rules 18 and 20, respectively.

]]> Thomas Buzzsprout-5512069 Sat, 19 Sep 2020 12:00:00 -0700 1851 full false Rule 11 in Practice This episode is about the practical application of Rule 11. 

]]> This episode is about the practical application of Rule 11. 

]]> Thomas Buzzsprout-5422429 Sun, 13 Sep 2020 14:00:00 -0700 2372 full false Answers/Rules 8(b) and 8(c) This episode is a tutorial about the defendant's answer to a plaintiff's complaint. I discuss the obligation to admit or deny the allegations of the plaintiff's complaint. And I discuss affirmative defenses. I also briefly mention counterclaims, cross-claims, and third party claims even though those topics are the subject of a separate episode.

]]> This episode is a tutorial about the defendant's answer to a plaintiff's complaint. I discuss the obligation to admit or deny the allegations of the plaintiff's complaint. And I discuss affirmative defenses. I also briefly mention counterclaims, cross-claims, and third party claims even though those topics are the subject of a separate episode.

]]> Thomas Buzzsprout-5309017 Sat, 05 Sep 2020 11:00:00 -0700 2309 full false 12(b)(6) in Practice This episode is a tutorial about the practical application of a 12(b)(6) motion to dismiss for failure to state a claim. I focus on the three types of circumstances when courts grant 12(b)(6) motions and offer strategies about how to analyze and argue these motions in practice or on an exam.

]]> This episode is a tutorial about the practical application of a 12(b)(6) motion to dismiss for failure to state a claim. I focus on the three types of circumstances when courts grant 12(b)(6) motions and offer strategies about how to analyze and argue these motions in practice or on an exam.

]]> Thomas Buzzsprout-5304913 Fri, 04 Sep 2020 21:00:00 -0700 2709 full false 12(b)(6) in Context This episode puts the 12(b)(6) motion to dismiss in context. I address the historical context of the motion, and its importance in the scheme of litigation. 

]]> This episode puts the 12(b)(6) motion to dismiss in context. I address the historical context of the motion, and its importance in the scheme of litigation. 

]]> Thomas Buzzsprout-5304871 Fri, 04 Sep 2020 21:00:00 -0700 1367 full false Rule 68 / Offers of Judgment This episode is about offers of judgment under Federal Rule of Civil Procedure 68. I focus on the practical application of Rule 68. 

]]> This episode is about offers of judgment under Federal Rule of Civil Procedure 68. I focus on the practical application of Rule 68. 

]]> Thomas Buzzsprout-5022260 Sun, 16 Aug 2020 15:00:00 -0700 1293 full false The Due Process Clause, in Practice This episode is an overview lecture about procedural due process. We cover the five elements of due process claims under the 5th and 14th Amendments of the U.S. Constitution, paying particular attention to the 5th element, which requires us to apply the Mathews 3-part test.

]]> This episode is an overview lecture about procedural due process. We cover the five elements of due process claims under the 5th and 14th Amendments of the U.S. Constitution, paying particular attention to the 5th element, which requires us to apply the Mathews 3-part test.

]]> Thomas Buzzsprout-4957274 Tue, 11 Aug 2020 15:00:00 -0700 1789 full false Interview of Adam Sopko. Snap Removal. In this episode, I interview Adam Sopko. Adam Sopko is (or was then) a third-year law student and the editor-in-chief of the Northwestern Law Review. In this episode Adam offers advice about adjusting to law school. We then discuss at some length the topic of snap removal and his law review article about the subject. Snap removal refers to the forum defendant rule of 1441(b)(2). Because that statute prevents removal only by forum defendants who have been properly "joined and served," some defendants remove otherwise-unremovable cases by filing the notice of removal before the forum defendant has been served. "Snap" refers to the fact that the notice of removal might be filed mere minutes after the action was filed in state court. Near the end of the episode, Adam also offers very good advice for students who are writing law review notes. 

This interview was recorded July 29, 2020.

]]> In this episode, I interview Adam Sopko. Adam Sopko is (or was then) a third-year law student and the editor-in-chief of the Northwestern Law Review. In this episode Adam offers advice about adjusting to law school. We then discuss at some length the topic of snap removal and his law review article about the subject. Snap removal refers to the forum defendant rule of 1441(b)(2). Because that statute prevents removal only by forum defendants who have been properly "joined and served," some defendants remove otherwise-unremovable cases by filing the notice of removal before the forum defendant has been served. "Snap" refers to the fact that the notice of removal might be filed mere minutes after the action was filed in state court. Near the end of the episode, Adam also offers very good advice for students who are writing law review notes. 

This interview was recorded July 29, 2020.

]]> Thomas Buzzsprout-4809497 Sat, 01 Aug 2020 14:00:00 -0700 2633 full false 12(b)(2) / Personal Jurisdiction in Practice This episode is about the 12(b)(2) motion to dismiss for lack of personal jurisdiction. The episode gives an overview of the following jurisdictional bases: Congressional Statutes (S), Federal Rule 4(k)(1)(B) and 4(k)(2) (R), Personal Service (S), Waiver (W), Status (S), Consent/Forum Selection Clauses (C), General Jurisdiction (G), and Specific Jurisdiction (S).

]]> This episode is about the 12(b)(2) motion to dismiss for lack of personal jurisdiction. The episode gives an overview of the following jurisdictional bases: Congressional Statutes (S), Federal Rule 4(k)(1)(B) and 4(k)(2) (R), Personal Service (S), Waiver (W), Status (S), Consent/Forum Selection Clauses (C), General Jurisdiction (G), and Specific Jurisdiction (S).

]]> Thomas Buzzsprout-4773179 Wed, 29 Jul 2020 17:00:00 -0700 3309 full false Rule 15 Motion to Amend This episode is about the Rule 15 Motion to Amend. We discuss the three ways to satisfy 15(a), a threshold test that applies to all amendments in federal court. We then discuss statutes of limitation and the relation-back of amendments. 

]]> This episode is about the Rule 15 Motion to Amend. We discuss the three ways to satisfy 15(a), a threshold test that applies to all amendments in federal court. We then discuss statutes of limitation and the relation-back of amendments. 

]]> Thomas Buzzsprout-4756880 Tue, 28 Jul 2020 16:00:00 -0700 1610 full false Remedies This episode is an introduction to topics in Remedies. We discuss (1) the difference between equitable and legal relief; (2) the difference between preliminary and permanent relief; (3) the traditional 4-part test for preliminary relief; and (4) types of final relief. We also briefly mention pre-judgment attachments.

]]> This episode is an introduction to topics in Remedies. We discuss (1) the difference between equitable and legal relief; (2) the difference between preliminary and permanent relief; (3) the traditional 4-part test for preliminary relief; and (4) types of final relief. We also briefly mention pre-judgment attachments.

]]> Thomas Buzzsprout-4756724 Tue, 28 Jul 2020 16:00:00 -0700 3360 full false