Discovery Practice gives you hard-nosed, trial-tested guidance through all the intricacies of what to do, whether to do it, and how to do it -- at every stage of the discovery process. Turn to this trusted guide for thorough, up-to-date clarification of: Insurance discoverability Discovery abuse -- its penalties and sanctions Confidentiality and discovery of trade secrets Use of experts Use of investigation files Use of witness statements Protective orders Invoking Rule 29 powers Tapes and telephones depositions Using the Manual for Complex Litigation Foreign discovery Discovery in administrative hearings Discovery in arbitration. Plus detailed coverage of such cutting edge areas as e-mail depositions and FOIA proceedings. Appendices include ready to adapt sample forms. Now, with all the practice tips and valuable strategies packed into Discovery Practice, you can Facilitate early and thorough disclosure of information Quickly determine a core of undisputed facts Intensively promote and pursue a negotiated settlement.
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 comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice, Fourth Edition shows you both what is permissible and what is advisable in such aspects of motion practice as: Formal requirements Strategic uses Use of supporting documents Effective advocacy Persuasive oral argument Ethical issues The authors include a table of deadlines affecting motions, along with sample forms and illustrative trial examples.
Beginning practitioners and experienced litigators alike will appreciate this comprehensive look at the practice, rules, strategies, tactics, techniques and theories of preparing and presenting a case for trial.