Civil Procedure & Litigation: A Practical Approach by Jack S. Emery

By Jack S. Emery

Integrating criminal conception with perform in a most unique approach, this ordinary textual content makes use of an interesting tale line to have interaction scholars. Workshops take clients in the course of the steps of getting ready a case for trial - from drawing up pleadings and motions to computing time. "Putting It Into perform" questions seem all through each one bankruptcy, tough scholars to use every one suggestion as they learn alongside. major emphasis is put on neighborhood and kingdom ideas and the textual content presents area for college students to write down within the ideas and tactics that practice to them. clients are inspired to create a "forms dossier" in order that they have a computer of kinds they could take with them to their first task. different pedagogical instruments contain "Procedural Ponderables" that problem scholars to imagine past the foundations, "Litigation Lingo and Logistics" that offers hypotheticals and fascinating workouts, and "Techno counsel" that introduce readers to worthwhile computing device courses, formatting, and different technical concerns. keyword phrases: conventional procedure

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Sample text

Paralegals are often given the tasks of preparing pleadings and writing motions, and are often assigned to prepare and respond to discovery requests. Even at trial, it is not uncommon for attorneys to be assisted by one or more paralegals, whose detailed familiarity with the facts of the case and ability to locate particular items of evidence quickly may confer a competitive advantage. In short, litigation is a field in which the scope for paralegal involvement is nearly unlimited, and an ambitious and welltrained paralegal can advance to a high level of challenge and responsibility.

Keeping cases moving through the system is an important function of paralegals. Often, understanding the administrative functioning of the court system and knowing how to get a case scheduled for a particular action at the desired time can make a significant difference in the overall outcome. The administrative functions of courts are typically divided among several entities, including the office of the clerk of the court, the office of the presid- CHAPTER 2 27 Courts and Filings ing judge, the secretaries and staff of the individual judges, and in many court systems, a court administrator.

THE MAIN PHASES O F A L AW S U I T What are the main events in a typical lawsuit? We can answer the question only by arbitrarily choosing what is “typical”—the rules of procedure offer great scope for creativity and variation. A lawsuit is a little like a car trip from Los Angeles to New York: The starting point and destination are fixed, but there are many possible routes. With that warning, we find it convenient to think of a lawsuit as consisting of several phases, as diagrammed in Figure 1–1.

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