Trial Practice

Current edition available in West Academic.

This outline covers: structure of the judicial system; choosing the forum - personal jurisdiction; choosing the forum - subject matter jurisdiction; removal of litigation from state court to federal court; venue; forum non conveniens; ascertaining applicable law (Erie doctrine); procedural due process and prejudgment seizures; commencing the action - notice and service of process; pleadings (plausible pleading standard; complaint, answer, reply); amendment of pleadings; attorney sanctions; joinder of parties and claims; cross claims and counterclaims; intervention; interpleader; obtaining information prior to trial - discovery (discovery mechanisms; protective orders; privileges and immunities; discovery sanctions); resolution without trial (voluntary and involuntary dismissal; summary judgment); pretrial judicial case management; trial (including right to trial by jury; trial motions; post-trial motions); appellate review (including mandamus and collateral order doctrine); and the binding, preclusive effects of judgments (res judicata; collateral estoppel; intersystem preclusion). This third edition incorporates a number of changes and additions from the second edition, published in 2014. All the Federal Rules of Civil Procedure and related statutes have been updated to reflect rule changes and amendments since 2014.

This outline summarizes the black-letter rules of civil procedure. It covers general considerations, litigating step-by-step, authority to adjudicate, complex litigation, governing law, and former adjudication. It allows students to understand how their course materials fit together, doing so by conveying a conception of civil procedure-the relationships among the ideas and the law that constitute the subject. This book is carefully designed and written as a study aid in preparing for classes and as a review aid in studying for examinations, containing all the many special features that characterize the highly successful Black Letter Series of books, such as a glossary and sample examination questions and answers.

As any experienced litigator knows, litigation theory is often compromised by the realities of an actual trial. This valuable book is written to give young trial lawyers an appreciation of the real problems encountered during jury trials, and how to effectively handle them. Anatomy of a Trial examines the key phases of jury trials (voir dire, opening statements, direct and cross-examination, and closing arguments) in the context of two particular cases, one criminal and the other civil. The criminal case involves highly complex subjects and law, and hinges on simplification and storytelling for the jury. The civil case illustrates that most cases rely on the credibility of witnesses, and also showcases the critical importance of experts in trials of a technical nature. The assessment of these cases highlights their differences, but also illustrates where the well-developed principles of rhetoric are fundamental to success at trial, no matter the nature of the litigation. With complete opening and closing statements, many excerpts from the trial transcripts, helpful explanations of the tactics used in the courtroom, and commentary from five judges on what the lawyers did right and wrong, Anatomy of a Trial is a thorough exploration of trial techniques through the lens of two actual cases. Argument is the fundamental tool of the lawyer's craft, and this practical book describes the twelve material factors that influence the persuasive effect of any argument. These twelve secrets, based on ideas from some of the world's great thinkers and advocates, will show you how to make the most persuasive argument possible and maximize your success before a judge or jury, in mediation or arbitration, and anywhere else. Book jacket.

The fifth edition of A Student's Guide to Hearsay focuses on the Federal Rules of Evidence, breaking down the hearsay rule into its elements and explaining them in straightforward language. It does the same for each of the 29 exceptions to the hearsay rule. The book covers the Sixth Amendment Confrontation Clause and includes a proposed amendment to the Rules. It also explains related subjects: what a grand jury is and how it operates; offers of proof, order of proof, burdens of proof; conditional relevancy and conditional admissibility; and privileged communications. A website will keep readers up to date on changes in the law.

This guide conveys the author's 30+ years of experience as a profound litigator by taking the attorney through the process of building a case and refining the presentation - including critical keys to persuading jurors and judges.

4th edition, published in 1999 and supplemented in 2016, is available on PLI PLUS. Earlier editions available in print in Rinn Law Library.

2nd ed., published in 2018, retitled Opposing the Adverse Expert: A Comprehensive Guide for Every Stage of Litigation, is available on Bloomberg Law. Earlier edition (2009) available in Rinn Law Library. Summary: Opposing the Adverse Expert is a step-by-step guide to investigating, evaluating and opposing the adverse expert in civil cases. It outlines tactics you can use to gather information about the adverse expert, both in the discovery process and on your own to: take effective expert depositions; evaluate the adverse expert's analysis of the key issues; move to exclude his testimony; conduct devastating cross-examinations of incorrect experts; make the most of your voir dire, opening statement, and closing argument; and even to advocate powerfully about expert issues on appeal.

Synopsis: Effective Depositions is a comprehensive, practical guide through every stage of the deposition process. It concisely covers the law of depositions and related discovery issues and gives you a clear, thorough understanding of the process and its practical challenges and pitfalls so that you can make the best use of the opportunities the process offers. It contains numerous case studies and clearly-explained examples, in addition to models, sample forms and checklists.