Lexis Nexis The Wagstaffe Group Practice Guide: Federal Civil Procedure Before Trial
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This three volume ground-breaking treatise provides practical information to help readers quickly identify answers to their federal civil procedure questions. It untangles the intricacies of pretrial federal civil procedure through:
• In-depth, expert analysis and authority
• Case studies and examples illustrating practical and commonly-faced issues
• Pertinent state and circuit-specific coverage
• Step-by-step checklists for successful federal pretrial practice
• Concise, straightforward approach to providing practical information
A current awareness pamphlet, published annually, features expert commentary and practical insights on legal current events like hot new cases and amendments to laws.
The eBook versions of this title feature links to Lexis Advance for further legal research options. Video content and links are exclusively available with a subscription to this title on Lexis Advance.
Authors / Contributors
James M. Wagstaffe
Jim is the premiere industry expert and authority with respect to pretrial federal civil procedure. Jim possesses an inimitable wealth of knowledge, experience, and practice as a federal litigator, educator, and lecturer, and as an accomplished author of a publication cited by the courts more than 1,300 times (33 years as the former primary author of The Rutter Group Practice Guide: Federal Civil Procedure Before Trial). His passion for federal civil procedure is infectious. He is a skilled teacher of law and possesses a unique ability to present complex topics in a clear, concise, and authoritative, yet entertaining, manner.
Jim is partner and co-founder of Kerr & Wagstaffe LLP, handles a diverse range of litigation matters, and also leads the firm’s successful Federal Practice Group. His practice focuses on complex litigation, professional and governmental representation, will and trust disputes, legal ethics, and First Amendment matters. Jim is recognized as an authority and frequently is consulted by other law firms and clients on complicated civil procedure, attorneys' fees, and trial practice issues.
Jim currently serves as a member Chair of the Federal Judicial Center Foundation Board, appointed by the Chief Justice of the United States Supreme Court. For more than 30 years, he has been responsible for development and delivery of various annual forums, seminars, webinars, and workshop sessions directed at educating federal judges and their respective clerk staffs on federal law. In 2016, Jim conducted a one-hour “live” web broadcast seminar on the topic of New Rules in Gatekeeping: Jurisdiction and Venue to more than 1,200 federal judges participating in the online broadcast.
Table of Contents
VOLUME 1
UNIT 1 Federal Litigation System and Milestones
Chapter 1 Federal Court System (Courts, Magistrate Judges, and Personnel)
Chapter 2 State Versus Federal Procedures
Chapter 3 State Law in Federal Court (Erie and Preemption)
Chapter 4 Litigation Milestone Checklists
UNIT 2 Getting Started
Chapter 5 Analyzing Subject Matter Jurisdiction Generally
Chapter 6 Analyzing Federal Question Jurisdiction
Chapter 7 Analyzing Diversity Jurisdiction
Chapter 8 Analyzing Removal Jurisdiction
Chapter 9 Analyzing Supplemental Jurisdiction
Chapter 10 Analyzing Personal Jurisdiction
Chapter 11 Analyzing Service of Process
Chapter 12 Analyzing Venue
Chapter 13 Seeking and Defending Against Contractual Arbitration
Chapter 14 Moving to Disqualify the Judge
UNIT 3 Framing the Case: Parties and Pleadings
Chapter 15 Determining Parties to the Action
Chapter 16 Changing the Party Lineup (Joinder, Substitution, Intervention, and Impleader)
Chapter 17 Preparing the Complaint
Chapter 18 Amending and Supplementing Pleadings
VOLUME 2
UNIT 3 Framing the Case: Parties and Pleadings (continued)
Chapter 19 Answering the Complaint
Chapter 20 Counterclaims and Crossclaims
Chapter 21 Demanding a Jury Trial
UNIT 4 Attacking the Pleadings
Chapter 22 Pretrial Motions
Chapter 23 Motions to Dismiss (Twombly/Iqbal)
Chapter 24 Jurisprudential Limitations on Jurisdiction (Standing, Abstention, Eleventh Amendment)
Chapter 25 Motions for Judgment on the Pleadings
UNIT 5 Conferences and Case Management
Chapter 26 Rule 26(f) Conference and Disclosures
Chapter 27 Participating in the Case Management Conference
Chapter 28 Participating in the Final Pretrial Conference
Chapter 29 Consolidation, Bifurcation of Issues, and Severance of Claims or Parties
Chapter 30 Motions in Limine
UNIT 6 Winning Out of the Box: Provisional Remedies
Chapter 31 Preliminary Injunctions, TROs, and Other Provisional Remedies
UNIT 7 Class Actions
Chapter 32 Class Actions
UNIT 8 Discovery
Chapter 33 Discovery Strategy, Planning, and Preservation
Chapter 34 Scope of Discovery, Privilege, and Work Product
Chapter 35 Interrogatories, Rule 34 Requests, and Requests for Admission
Chapter 36 Depositions and Subpoenas
Chapter 37 Mental and Physical Examinations
Chapter 38 Motions to Compel and Sanctions
VOLUME 3
UNIT 9 Winning with Motions
Chapter 39 Pretrial Motion Procedures
Chapter 40 Motions for Default and Relief from Default
Chapter 41 Involuntary Dismissal Motions
Chapter 42 Voluntary Dismissals
Chapter 43 Summary Judgment Standards and Procedures
Chapter 44 Summary Judgment Motions Applied
Chapter 45 Miscellaneous Motions
UNIT 10 Ending the Case Without Trial
Chapter 46 Finalizing and Enforcing Settlement Agreements
Chapter 48 Court-Ordered Alternative Dispute Resolution (ADR)
UNIT 11 Sanctions
Chapter 49 Rule 11 Sanctions
Chapter 50 Other Sanctions Authority
Appendix A: Federal Rules of Civil Procedure
Index
Table of Cases
Table of Statutes
