Litigating in federal court : a guide to the rules

This book is designed to provide guidance to the law student or litigator as to the applicable rules--and the inter-relationship among those rules--for all of the stages of a federal civil lawsuit. The Federal Rules of Civil Procedure are not sufficiently organized or cross-referenced to allow law students or litigators to easily understand the relationships among the rules, or to make sure that all relevant rules have been consulted. Litigating in Federal Court seeks to remedy this deficiency. The second edition of this book includes all of the updates to the Federal Rules of Civil Procedure that have occurred since the last edition was published, as well as some additional material on changing litigation trends such as e-discovery.

As in the first edition, Litigating in Federal Court is divided into two parts. The first part of the book covers all of the stages of federal court litigation, including a short narrative discussion of each stage and one or more charts showing the applicable rules and their relationship to each other. These charts have been drafted and re-drafted based on Professor Woodley's experience as a federal court clerk, a litigation associate in a law firm, and a professor of Civil Procedure and Pretrial Advocacy for many years. The second part of the book contains multiple checklists for drafting most of the documents used in the pretrial process (which include citations of the basic relevant rules).

This extremely practical, yet analytically complex, guide to federal court litigation is a valuable resource for law students and litigators alike.

Overview of litigation stages -- Chart #1a overview of litigation stages -- Preparation for filing a lawsuit -- Chart #2a preparation for filing a lawsuit -- Determining where the lawsuit should be brought -- Chart #3a components of the decision as to where to file suit -- Chart #3b federal subject matter jurisdiction -- Chart #3c supplemental jurisdiction -- Chart #3d personal jurisdiction -- The determination of applicable law in diversity cases -- Chart #4a the basic components of the decision (the -- Erie doctrine; choice of law principles) -- Chart #4b the erie problem in depth -distinguishing -- Between substantive and procedural law -- Initiating the lawsuit -- Chart #5a drafting the complaint -- Chart #5b service of the complaint -- Chart #5c right to jury trial analysis -- Chart #5d some joinder diagrams -- Responding to the complaint -- Chart #6a responding to the complaint -- Chart #6b procedural mechanisms for challenging personal jurisdiction -- Seeking a change of venue -- Chart #7a seeking a change of venue -- The discovery process -- Chart #8a planning discovery -- Chart #8b parties' planning meeting/form 52 report -- Chart #8c initial disclosures -- Chart #8d analyzing the appropriateness of discovery requests -- Chart #8e initiating written discovery requests (interrogatories -- Requests for production, and requests for admissions) -- Chart #8f responding to written discovery requests -- (interrogatories, requests for production, and requests for -- Admission) -- Chart #8g motions for physical/mental examinations -- Chart #8h taking/defending/using depositions -- Chart #8i seeking court assistance in the discovery process -- Pretrial resolution of cases -- Chart #9a pretrial resolution of cases -- Dispute resolution alternatives -- Chart #10a dispute resolution alternatives -- Components of settlements -- Chart #11a components of settlements -- Seeking appellate review prior to final judgment -- Chart #12a seeking appellate review prior to final judgment -- Preparing for trial -- Chart #13a preparing for trial -- Basic jury trial stages -- Chart #14a basic jury trial stages -- Post-trial motions -- Chart #15a renewed motions for judgment as a matter of -- Law (rjml) (formerly jnov)/ motions for new trial -- Chart #15b grounds for new trial motions -- Appeals -- Chart #16a appeals and scope of review -- Review by the u.s. supreme court -- Chart #17a review by the u.s. supreme court -- Setting aside the judgment (frcp 60(b)) -- Chart #18a setting aside the judgment (frcp 60(b)) -- Restraints on subsequent litigation -- Chart #19a attempts to relitigate claims or issues -- Chart #19b issue preclusion examples.