Faculty in the News



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CONTACT
ks3r@virginia.edu
(434) 924-4663
Room WB311

ASSISTANT
Valerie Listorti

SUBJECTS
Civil procedure, Virginia procedure, evidence, pretrial litigation, motions practice, appellate practice, trial advocacy, federal jurisdiction


Kent Sinclair

Professor of Law
Director, Advocacy and Lawyer Training

J.D., University of California at Berkeley School of Law, 1971
A.B., University of California at Santa Barbara, 1968

Kent Sinclair joined the law faculty in 1983 after seven years as U.S. magistrate judge for the Southern District of New York. He teaches civil procedure, Virginia procedure, evidence, pretrial litigation, motions practice and appellate practice, and directs the trial advocacy and clinical programs. He was the founding director of the Virginia Judicial Institute, an educational program for state trial judges. Since 1984, he has been the reporter of decisions for the Virginia Supreme Court and, from 1986-94, a consultant to the Virginia attorney general on ethics, evidence and trial skills.

As a law student, Sinclair was chief notes and comments editor for the California Law Review, moot court champion, and first-place winner in the national copyright article competition sponsored by the American Society of Composers, Authors, and Publishers. He clerked for Chief Judge James R. Browning of the U.S. Court of Appeals for the Ninth Circuit before joining the New York firm of Shearman & Sterling. He has also had adjunct teaching posts at Fordham University Law School and Practising Law Institute in New York, the Federal Judicial Center in Washington, D.C and the American Law Institute in Philadelphia.

Sinclair has been president of the National Council of U.S. Magistrates, chair of the Federal Rules of Civil Procedure Revision Project for the Administrative Office of the U.S. Courts, and president of the National Conference of Special Jurisdiction Judges. He is a member of the American Law Institute and, from 1986 to 1992, was a member of the Virginia State Bar/Virginia Bar Association task force on alternative dispute resolution. He serves on the Board of Governors of the Boyd-Graves Conference on Virginia Procedure and on the Supreme Court of Virginia's advisory committee on rules of practice and procedure. He has been a member of the Board of Governors of the Virginia Bar Association Litigation Section and a reporter for the VBA's Appellate Court Structure Project since 1993.


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Books:

The Law of Evidence in Virginia (with Charles E. Friend) (LexisNexis, 7th ed. 2012).

Trial Handbook (Practising Law Institute, 2012 ed.).

Friend’s Virginia Pleading and Practice (with Charles E. Friend) (LexisNexis Group, 2007).

Guide to Virginia Law: Equity Reform and Other Landmark Changes (LexisNexis/Matthew Bender, 2006).

Virginia Civil Procedure (with Leigh B. Middleditch, Jr.) (LexisNexis, 5th ed. 2008).

Sinclair on Federal Civil Practice (Practising Law Institute, 5th ed. 2008).

Trial Handbook (Practising Law Institute, 1985; 2d ed. 1990; 3d ed. 2002).

Guide to Evidence in Virginia, 2000 Edition (Virginia Continuing Legal Education, 2000).

Virginia Civil Practice (with Leigh B. Middleditch) (Lexis/Michie Publishing, 3d ed. 1998). Supplemented Annually. 2000 Supplement published 9/00.

Virginia Evidentiary Foundations (with others) (Lexis Law Publishing, 1998). 2000 Supplement published 9/2000.

Virginia Procedure: Cases and Materials (2000).

Appellate Review in Virginia (General Assembly of Virginia, 1999).

Interlocutory Appellate Review (Virginia Bar Association, 1999).

Federal Civil Practice (Practising Law Institute, 2d ed. 1986).

Trial Advocacy Materials: Administrator's Manual (Practising Law Institute, 2d ed. 1985).

Trial Advocacy Materials, 1 vol. (Practising Law Institute, 2d ed. 1985).

228-244 Cases Decided in the Supreme Court of Virginia (reporter of decisions), 16 vols. (Supreme Court of Virginia, 1985-92).

Practice before Federal Magistrates, 1 vol. (Bender, 1983-92).


Book Chapters/Statements/Multi-Author Works:

“Admissibility of Medical Records (Hearsay and Authentication Issues),” Proceedings of the Boyd-Graves Conference, October, 2000.

“Evidentiary Developments in Virginia” (presented to Virginia Judges Aug. 2000, and to the Virginia Evidence Committee Sept. 25, 2000).

“Status of Rules of Evidence in Virginia,” Proceedings of the Boyd-Graves Conference, October, 2000.

“Social Security and Veterans Appeals,” in Commission on Structural Alternatives for the Federal Courts of Appeals, Working Papers and Final Report (“Byron White Commission”) (1999).

"Report of the Standing Committee on Evidence," Boyd-Graves Conference, November 13, 1998.

"Rule 902—Self-Authentication" (revisor), in Jack B. Weinstein & Margaret A. Berger, 5 Weinstein's Evidence: Commentary on Rules of Evidence for the United States Courts and Magistrates 902-1 (Bender, 1992).

"Rule 903—Subscribing Witness' Testimony Unnecessary" (revisor), in Jack B. Weinstein & Margaret A. Berger, 5 Weinstein's Evidence: Commentary on Rules of Evidence for the United States Courts and Magistrates 903-1 to 903-10 (Bender, 1992).

"Rule 901—Requirement of Authentication or Identification" (revisor), in Jack B. Weinstein & Margaret A. Berger, 5 Weinstein's Evidence: Commentary on Rules of Evidence for the United States Courts and Magistrates 901-1 to 901-166 (Bender, 1991).

"Article II: Judicial Notice: Introductory Commentary" (revisor), in Jack B. Weinstein & Margaret A. Berger, 1 Weinstein's Evidence: Commentary on Rules of Evidence for the United States Courts and Magistrates 200-1 to 200-46 (Bender, 1990).

"Rule 201—Judicial Notice of Adjudicative Facts" (revisor), in Jack B. Weinstein & Margaret A. Berger, 1 Weinstein's Evidence: Commentary on Rules of Evidence for the United States Courts and Magistrates 201-1 to 201-116 (Bender, 1990).

"Rule 501—General Rule" (revisor), in Jack B. Weinstein & Margaret A. Berger, 2 Weinstein's Evidence: Commentary on Rules of Evidence for the United States Courts and Magistrates 501-1 to 501-134 (Bender, 1989).

"Rule 801—Definitions" (revisor), in Jack B. Weinstein & Margaret A. Berger, 4 Weinstein's Evidence: Commentary on Rules of Evidence for the United States Courts and Magistrates 801-1 to 801-381 (Bender, 1990).

"Rule 802—Hearsay Rule" (revisor), in Jack B. Weinstein & Margaret A. Berger, 4 Weinstein's Evidence: Commentary on Rules of Evidence for the United States Courts and Magistrates 802-1 to 802-18 (Bender, 1990).

"Supreme Court Standard 503—Lawyer-Client Privilege" (revisor), in Jack B. Weinstein & Margaret A. Berger, 2 Weinstein's Evidence: Commentary on Rules of Evidence for the United States Courts and Magistrates 503-1 to 503-148 (Bender, 1989).

"Supreme Court Standard 504—Psychotherapist-Patient Privilege" (revisor), in Jack B. Weinstein & Margaret A. Berger, 2 Weinstein's Evidence: Commentary on Rules of Evidence for the United States Courts and Magistrates 504-1 to 504-72 (Bender, 1989).

"Supreme Court Standard 502—Required Reports Privileged by Statute" (revisor), in Jack B. Weinstein & Margaret A. Berger, 2 Weinstein's Evidence: Commentary on Rules of Evidence for the United States Courts and Magistrates 502-1 to 502-15 (Bender, 1989).

"Procedure before United States Magistrates" (ed.), in Federal Court Civil Practice and Procedure IV-1 to IV-57 (Virginia Law Foundation, 1988).

"Consensual Trials before Magistrates," Chapter 73 in James Wm. Moore, Jo Desha Lucas & Kent Sinclair, Jr., 7 Pt. 2 Moore's Federal Practice 73-1 to 73-22 (Bender, 2d ed. 1984).

"Judgments after Optional Appeal Proceeding," Chapter 76 in James Wm. Moore, Jo Desha Lucas & Kent Sinclair, Jr., 7 Pt. 2 Moore's Federal Practice 76-1 to 76-24 (Bender, 2d ed. 1984).

"Magistrates; Pretrial Matters," Chapter 72 in James Wm. Moore, Jo Desha Lucas & Kent Sinclair, Jr., 7 Pt. 2 Moore's Federal Practice 72-1 to 72-77 (Bender, 2d ed. 1984).

"Optional Appeal Mechanics," Chapter 75 in James Wm. Moore, Jo Desha Lucas & Kent Sinclair, Jr., 7 Pt. 2 Moore's Federal Practice 75-1 to 75-30 (Bender, 2d ed. 1984).

"Optional Appeal Method," Chapter 74 in James Wm. Moore, Jo Desha Lucas & Kent Sinclair, Jr., 7 Pt. 2 Moore's Federal Practice 74-1 to 74-36 (Bender, 2d ed. 1984).

"Canon 4: Confidences and Secrets," in Lawyers' Professional Responsibility in Virginia III-1 to III-19 (Virginia Law Foundation, 1983).


Articles:

“Analysis of Statutes Affecting Federal Litigation Recently Enacted,” 2000 Adv. Ct. Rls. and Pract. 52 (Dec. 2000).

“Evidence Rules Revamped in Federal Court”, 2000 Adv. Ct. Rls. and Pract. 14 (Oct. 2000).

“Federal Court Privacy Rules for Access to Case Files and Related Material,” 2000 Adv. Ct. Rls. and Pract. 33 (Apr. 2000).

“Jury Reform: Broad Changes Pending,” 2000 Adv. Ct. Rls. and Pract. 13 (Mar. 2000).

“Local Rules of Practice,” 2000 Adv. Ct. Rls. and Pract. 1 (Jan. 2000).

“Local Rules Revision Scramble Continues,” 2000 Adv. Ct. Rls. and Pract. 40 (Mar. 2000).

“Major Discovery Rules Changes,” 2000 Adv. Ct. Rls. and Pract. 25 (Aug. 2000).

“Major Federal Rules of Evidence Amendments Proposed to Deal with Problems of In Limine Rulings and Expert Testimony After Daubert,” 2000 Adv. Ct. Rls. and Pract. 40 (Jan. 2000).

“Multidistrict, Multiparty, Multiforum Trial Jurisdiction Act of 1999,” 2000 Adv. Ct. Rls. and Pract. 43 (Mar. 2000).

“Discovery of Corporate Knowledge: Rethinking Rule 30(b)(6) and Alternative Mechanisms,” 50 Ala. L. Rev. 561 (1999).
HeinOnline (PDF)

“Motions to Dismiss,” Litig. News, Spring 1998.

"Summary Judgment: A Proposal for Procedural Reform in the Core Motion Context" (with Patrick Hanes), 36 Wm & Mary L Rev. 1633 (1995).
HeinOnline (PDF)

"Service of Process: Amended Rule 4 and the Presumption of Jurisdiction," 14 Rev. Litig. 159 (1994).
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"Limitations of Action under the FTCA: A Synthesis and Proposal" (with Charles A. Szypszak), 28 Harv. J. on Legis. 1 (1991).
HeinOnline (PDF)

"Clinical and Practical Education," Va. L. Sch. Rep., Spring 1987, at 53.

"Service of Process: Rethinking the Theory and Procedure of Serving Process under Federal Rule 4(c)," 73 Va. L. Rev. 1183 (1987).
HeinOnline (PDF)

"The Law School and Continuing Legal Education," Va. L. Sch. Rep., Fall 1983, at 15-16, 41.

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