Lexis Nexis Florida Practitioner's Guide: Civil Trial Preparation
Florida Practitioner's Guide: Civil Trial Preparation is designed to guide the attorney through all phases of trial preparation, from interviewing the client to preparing the closing argument and jury instructions. Details regarding trial notebooks, pretrial motions, discovery, and evidentiary issues are provided to help the attorney focus and advance the case, and settlement options are explored as a prudent alternative to trial. Each phase of preparation is individually covered, and thoroughly cross-referenced. This new edition includes new user-friendly formatting, as well as addressing amended rules, revised statutes, and new case law.
Publisher: Florida Bar Continuing Legal Education
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Florida Practitioner's Guide™: Civil Trial Preparation, Ninth Edition includes new user-friendly formatting, and addresses amended rules, revised statutes, and new case law, including the following:
- NEW AUTHOR! Kathleen S. Phang is a 2000 graduate cum laude of the University of Miami School of Law where she now serves as an adjunct professor for the Litigation Skills Program. She is licensed to practice law in Florida (state and federal) and is AV-rated in Litigation, Family Law, Criminal Law, and Bankruptcy.
- In Memoriam - Ervin A. Gonzalez (1960–2017)
- Retention of experts and the effect of the Florida Supreme Court’s declining to adopt the Daubert Amendment to the extent that it is procedural, declaring the Amendment unconstitutional. In re: Amendments to Florida Evidence Code, 210 So. 3d 1231 (Fla. 2017).
- Updated case law, statutes, and rules of procedure.
- A court’s discretion in granting or denying a continuance, and the factors that a court considers when reviewing the denial of a motion for a continuance.
- The disqualification of a judge and the reasons for disqualification.
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Table of Contents
PART ONE: ORGANIZATION
§ 1.1. Initial Activities
§ 1.2. Proceed With Case Management Conference Or Pretrial Conference
§ 1.3. Prepare For And Conduct Discovery
§ 1.4. Keep Abreast Of Case Developments
§ 1.5. Set Case For Trial
§ 1.6. Proceed To Final Pretrial Conference
§ 1.7. Complete Final Preparation For Trial
§ 1.8. Prepare For Jury Selection
PART TWO: MOTION PRACTICE
§ 2.1. Motion Basics
§ 2.2. Defensive Motions
§ 2.3. Motions To Structure Case
§ 2.4. General Trial Preparation Motions
§ 2.5. Dispositive Motions
PART THREE: DISCOVERY
§ 3.1. Overview Of Discovery
§ 3.2. Devise Discovery Plan
§ 3.3. Informal Discovery
§ 3.4. Interrogatories
§ 3.5. Requests For Admission
§ 3.6. Request To Produce Or Inspect From Party
§ 3.7. Request To Produce Or Inspect From Nonparty
§ 3.8. Request For Physical Or Mental Examination Or Report
§ 3.9. Oral Depositions
§ 3.10. Resolution Of Discovery Issues
§ 3.11. Final Pretrial Disclosures
PART FOUR: EVIDENCE
§ 4.1. Overview
§ 4.2. Introduction Of Formal Discovery Into Evidence
§ 4.3. Introduction Of Nontestimonial Evidence
§ 4.4. Introduction Of "Live" Testimony Into Evidence
§ 4.5. Response To Opposing Party's Evidence
§ 4.6. Prepare Trial Plan
PART FIVE: SETTLEMENT AND ALTERNATIVE DISPUTE RESOLUTION
§ 5.1. Introduction
§ 5.2. Evaluation Of Case
§ 5.3. Informal Settlement Negotiations
§ 5.4. Formal Offer Of Settlement Or Demand For Judgment
§ 5.5. Mediation
§ 5.6. Arbitration
