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This trailblazing work, now in its Eleventh Edition, continues to be the standard of pretrial texts, covering litigation practice and underlying theories. It is widely adopted in skills and clinic courses, advanced civil procedure seminars, civil procedure classes, as well as in pretrial litigation classes. The chapters comprehensively explain case planning, investigation, pleadings, discovery, ediscovery, depositions, interrogatories, document and ESI production, admission requests, sanctions, procedural and dispositive motions, effective motion advocacy, and alternative dispute resolution and settlement methods. The materials enable students to become highly competent, responsible, and ethical litigators. This benchmark book covers the skills, theories, strategies, tactics, and techniques applicable to pretrial and prehearing practice before judges, arbitrators, and administrative officials. The extensive text provides examples and illustrations of successful litigation practice. This innovative book continues to include web-based electronic documents. Ediscovery case files appear on a website that students and the professor can readily access. This online location contains numerous documents and problems involving electronically stored information. Students are able to locate, search, and analyze documents to better prepare them for contemporary litigation experiences. No other law school text provides this extensive range of pretrial litigation and ediscovery problems.
Covers the applicable law (reflects the December 1, 2000, amendments to the Federal Rules of Civil Procedure) and pretrial lawyering skills. Can be used in pretrial litigation courses, and in civil procedure and first-year legal writing courses. Charts illustrate pretrial deadlines under the Rules and the Rule 26(a) disclosure requirements. Incorporates new material concerning the impact of technology on the practice of law. New subsections include "Civil Actions in Cyberspace" (electronic filing, personal jurisdiction involving the Internet, and court websites) and "Discovery in Cyberspace" (attorney-client privilege of electronic communications, discovery of digital information, and impact of electronic databases upon discovery).
The Seventh Edition includes the latest developments in pretrial practice while enhancing the useful features of previous editions. The 2007 amendments to the federal rules are covered throughout, and the sections on pleading have been updated to discuss federal court pleading requirements in light of Bell Atlantic v. Twombly. Law professors and students praise the book's comprehensive coverage, thorough analysis of rules and procedures, balanced presentation of theories and skills, enjoyable writing style, and helpful questions and problems. It reflects 21st-century practice with the growing use of electronic discovery and court orders, the expanded use of pre-hearing discovery and motions in arbitrations and administrative hearings, and new procedural rule and case law developments across the spectrum of pretrial practice.
This coursebook explores both the practical and\substantive aspects of Texas civil pre-trial litigation, with material sequentially organized to cover initiation of the attorney-client relationship, case evaluation and\settlement, extraordinary remedies, subject matter and\personal jurisdiction, the pleading process, venue\practice, joinder of claims & parties, preclusion\doctrines, discovery, summary judgment & other\non-trial dispositions. Sample pleadings are also incuded. Discussion problems & other practice materials contained in the text apply procedural rules & statutes to show their practical functions in the litigation process. Annual Supplement
Ninety percent of all civil cases never make it the jury; they are resolved through a pretrial process that is today the unsung forum for dispute resolution. Rather than teaching lawyers to abandon evidence and trial skills, Pretrial Advocacy does the opposite; it teaches lawyers that modern litigation is “front loaded” and cases must be prepared with the assumption that they will be tried. As the authors note, it is the rigor of the pretrial process that drives resolution. From the first client interview through motions practice, you will learn to effectively evaluate cases, draft complaints, conduct informal and formal discovery, prepare and respond to motions, negotiate with opposing counsel, and, if necessary, be ready for trial. Pretrial Advocacy is the ideal textbook for law school clinics, law school pretrial litigation courses, and practicing lawyers. Both practical and theoretical, it teaches litigation as a process informed by rules and cases, but also by strategic considerations. Its hands-on and accessible text makes it a perfect reference for learning skills and a continuing reference. Professors and students will benefit from: Practical guidance for each step of representation, backed up by citations and references for deeper understanding of each topic An accessible writing style that puts the needed information right at the reader’s fingertips Tips to foster the attorney’s relationships with clients, opposing counsel, and the court