Civil Litigation

by Kerley, Peggy

• ISBN13: 9780766826694
• ISBN10: 0766826694
• Edition: 3rd
• Format: Hardcover
• Copyright: 2000-11-02
• Publisher: CENGAGE Delmar Learning

Summary

Civil Litigation is a book designed to familiarize the paralegal with all aspects of the civil litigation process and the role of the paralegal in that process. It combines substantive legal principles, and offers practical applications of those principles through use of numerous sample documents. The book presents a chronological approach to litigation, starting with the opening stages of a lawsuit, progressing to the preparing of pleadings and motions, followed by discovery, and concluding with pre-trial, trial and appellate proceedings. Litigation technology and relevant Internet sources are also incorporated into each chapter. This revised book is an excellent resource for those seeking a paralegal career in a litigation practice.

Table of Contents

Preface	ix
Acknowledgments	xvii
About the Authors	xix
PART I INTRODUCTION TO CIVIL LITIGATION
Litigation and the Paralegal	3	(24)
What Civil Litigation Is	4	(4)
Different Types of Civil Lawsuits	8	(1)
Alternatives and Limitations to Litigation	9	(1)
Procedural versus Substantive Law	10	(1)
Sources of the Law	11	(2)
The Role of the Litigation Paralegal	13	(4)
Skills Required of the Litigation Paralegal	17	(3)
Practical Tips for Success in the Law Firm	20	(7)
The Courts and Jurisdiction	27	(32)
The Courts and Litigation	28	(3)
Federal Court System	31	(2)
State Court Systems	33	(1)
Jurisdiction	34	(17)
Venue	51	(8)
PART II INITIATING LITIGATION
Preliminary Considerations	59	(24)
Determining the Existence of a Cause of Action	60	(2)
Time Limitations	62	(6)
Feasibility of the Lawsuit	68	(1)
Turning Down a Case	68	(2)
Ethical Considerations in Accepting a Case	70	(2)
Ethical Considerations after Accepting a Case	72	(11)
Investigation and Evidence	83	(26)
The Client Interview	84	(6)
Locating Fact Witnesses or Elusive Defendants	90	(2)
Techniques for Interviewing Fact Witnesses	92	(3)
Evidence	95	(7)
Methods for Locating and Preserving Evidence	102	(2)
Expert Witnesses	104	(5)
The Initial Pleadings	109	(40)
Initial Pleadings	111	(2)
Parties to the Lawsuit	113	(6)
Jurisdiction and Venue	119	(1)
The Claim or Cause of Action	120	(6)
Demand for Relief	126	(3)
Drafting the Complaint	129	(4)
Filling the Complaint	133	(3)
The Summons	136	(1)
Service of the Complaint	136	(3)
Amending the Complaint	139	(10)
Responses to the Initial Pleading	149	(32)
Responding to the Initial Pleading	150	(5)
Types of Answers	155	(3)
Drafting the Answer	158	(7)
Counterclaims, Cross-Claims, and Third-Party Complaints	165	(7)
Legal Challenges to the Complaint	172	(3)
Failure to Answer	175	(6)
Motion Practice	181	(26)
Motions Generally	182	(1)
Preparing, Serving, and Responding	183	(5)
Court Procedures Involving Motions	188	(4)
Specific Motions	192	(7)
Preliminary Injunctions and Temporary Restraining Orders	199	(8)
PART III DISCOVERY
Overview of the Discovery Process	207	(24)
The Nature of Discovery	209	(4)
The Extent of Allowable Discovery	213	(6)
Duty of Mutual Disclosure under Rule 26	219	(4)
Cooperating with Discovery	223	(8)
Depositions	231	(22)
The Deposition	232	(1)
The Nature of the Oral Deposition	233	(2)
The Paralegal's Role Before the Oral Deposition	235	(7)
The Paralegal's Role During the Oral Deposition	242	(2)
The Paralegal's Role After the Oral Deposition	244	(3)
Special Types of Depositions	247	(6)
Interrogatories	253	(20)
Interrogatories	254	(2)
Drafting Interrogatories	256	(9)
Drafting Answers to Interrogatories	265	(8)
Physical and Mental Examinations	273	(16)
The Physical or Mental Examination	274	(2)
Filing a Motion for Compulsory Examination	276	(1)
Requirements for Granting the Motion for Compulsory Examination	276	(2)
Granting a Motion for Compulsory Examination	278	(2)
The Paralegal's Role in Physical and Mental Examinations	280	(9)
Request for Documents	289	(30)
The Request for Documents	290	(6)
Protection of Documents	296	(2)
Requesting the Production of Documents	298	(7)
Responding to a Request for Documents	305	(7)
Organizing and Indexing the Documents After Production	312	(1)
Inspection of Property	313	(6)
Request for Admissions	319	(18)
The Request for Admissions	320	(3)
Drafting the Request for Admissions	323	(6)
Responding to the Request for Admissions	329	(8)
PART IV PRETRIAL, TRIAL, AND POSTTRIAL
Settlements, Dismissals, and Alternative Dispute Resolution	337	(26)
The Settlement	339	(2)
Settlement Offers	341	(7)
Settlement Agreements and Releases	348	(4)
Dismissals, Consent Decrees, and Distribution of Funds	352	(3)
Alternative Dispute Resolution	355	(8)
Trial Techniques	363	(48)
Preliminary Preparation for Trial	364	(9)
Preparation of Witnesses	373	(3)
Preparation of Exhibits and Briefs	376	(10)
Coordinating Trial Logistics	386	(2)
Preliminary Steps in the Trial Process	388	(1)
The Jury Process	389	(3)
The Trial	392	(12)
The Paralegal's Role at Trial	404	(7)
Posttrial Practice	411	(20)
Posttrial Motions	412	(1)
The Preliminary Steps in the Appeal	413	(5)
The Appellate Brief	418	(5)
Coordinating the Oral Argument	423	(1)
Final Procedures	424	(7)
Appendix A Sample Deposition	431	(14)
Glossary	445	(12)
Index	457