Civ Pro Litigation Timeline? Forum

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kmb57yuk

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Civ Pro Litigation Timeline?

Post by kmb57yuk » Tue Mar 10, 2020 3:11 pm

If one sticks with the readings and the course material, piecing together the litigation timeline wouldn't be an issue (as I experienced when civ pro was my bread and butter). However, there's been some drawbacks in my life and I haven't been keeping up with civ pro as much. Part of what helped me understand the FRCP was understanding where, in time, x or y rule was taking place and why.

In short, does anyone know where I could find a litigation timeline designed more so for law students taking a civ pro class? Those which I have found are more descriptive without explicitly listing which rules belong in which part of the timeline with accommodations for those rules relevant to multiple places throughout the course of litigation. Note, I understand the rules are listed in the FRCP book chronologically as they're relevant to the litigation process; however, some rules appearing much later in the litigation timeline refer to other rules found earlier in the timeline, the relationship between 26(f) and 16 for example:
26(f) takes place under "Depositions and Discovery," and 16 takes place under "Pleadings and Motions," where the 26(f) conference must take place "at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b)." So, I'm looking for a timeline that takes the relationship between two distant rules, among others carrying the same dependency relationship, and accounts for those relationships in a horizontal or vertical timeline diagram.

To give a rough visual, heres what I'm usually finding:

(1) "Pleading Phase"
-- "P" files complaint;
"D" answers or moves to dismiss.

(2) "Discovery Phase"
-- Parties Investigate facts,
take discovery, file and argue motions

etc...

But here's somewhat what I'm looking for:

(1) "Pleading Phase"
-- "P" files complaint;
"D" answers or moves to dismiss.
(1.a) "Rules Arising Under Pleading Phase"
-- Rules 7, 8, 9...16, etc.
(1.b) "Dependency Maps and Descriptions"
-- Rule 16 <> Rule 26(f)
-- "Explaining the Dependency Relationship"
-- 26(f) conference must occur at least 21
days before scheduling conference is to
be held or a scheduling order is due under
Rule 16(b)

I say this is "somewhat" what I'm looking for because I understand there may be better, more efficient/economic ways to diagram the temporal relationships taking place throughout the litigation process. If anyone has anything resembling this, knows where i can find something like this, or has any ideas regarding how I or we can go about creating this, then please share or let's discuss :) Sorry if this was a bit lengthy.

P.S., I may be doing a bad job of explaining exactly what I'm looking for, as I understand that some who read this may immediately think,"dude, you're just explaining an Outline?" Though I understand that what's been laid out here may resemble, in some or most respects, an "Outline;" I'm trying to gear this more toward a "temporal" understanding, rather than a "substantive" understanding, of civil procedure.

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cavalier1138

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Re: Civ Pro Litigation Timeline?

Post by cavalier1138 » Tue Mar 10, 2020 3:16 pm

I understand what you're looking for. I doubt it exists, because the rules are interconnected enough that trying to map it out in the way you suggest would quickly become unwieldy.

What are you hoping to use this for?

kmb57yuk

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Re: Civ Pro Litigation Timeline?

Post by kmb57yuk » Tue Mar 31, 2020 5:57 pm

@cavalier1138
The short answer is, "for meditation," (i.e., becoming spatially familiar with rules existing within a picture-of-time). Putting in the work to create this diagram, then becoming spatially familiar with rules in time, would (briefly stated) immediately allow me to know what's at stake when approaching issues.

An explanation for the short answer: the value in picturesque-diagraming the rule relationships within time arises from the difference between remembering and recollecting, and why recollection is the goal. If one "remembers," one must locate a reference point along a linear timeline; but if one "recollects," one must only point to what's being recollected, as if it were a spot on one single memory-image: where, if someone were to ask me for a description of Eugene Delacroix's Liberty Leading the People, I could immediately reply with pointed finger exclaiming, "the boy holds two pistols, the man a rifle, and the woman a flag." But it's possible to do this with information as well, in the same spirit with which Giulio Camillo made his Memory Theatre during the renaissance, about which it was commented that "they say this man has constructed a certain Amphitheatre... into which whoever is admitted as spectator will be able to discourse on any subject no less fluently than Cicero."

Though there are notable differences, there are enough similarities between what's required to know for civil procedure and the usability of memory techniques from the Greeks to the Renaissance and onward, to warrant a general belief that something similar to Camillo's amphitheatre, among many other techniques, could be employed to render lasting results for perceiving both the place and function of the rules across the litigation timeline. I just don't know what that "something" is.

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cavalier1138

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Re: Civ Pro Litigation Timeline?

Post by cavalier1138 » Tue Mar 31, 2020 7:56 pm

I'm sorry I asked.

Buff_Bruin

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Re: Civ Pro Litigation Timeline?

Post by Buff_Bruin » Thu Apr 16, 2020 7:51 pm

Listen to Richard Freer audiobooks and repeat. That's how to do Civ Pro.

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