The Wagstaffe Group Practice Guide: Federal Civil Procedure Before Trial

Take and defend positions on daily pre-trial civil procedure issues with clear, concise analysis, spot-on practical examples, time-saving checklists and more---for use in Federal courts and in the 22 states that follow the Federal Rules of Civil Procedure.
Publisher: Matthew Bender

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Print Book:3 volumes, looseleaf, updated annually
ISBN: 9781522115922
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ISBN: 9781522115939
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ISBN: 9781522115939
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Product description

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Does your jurisdiction follow or closely follow the Federal Rules of Civil Procedure? Check out this map!

James Wagstaffe and The Wagstaffe Group have come to the rescue of numerous practitioners with their spot-on, “in the litigation trenches” insights and analysis to help readers quickly accomplish their pretrial civil procedure tasks with confidence.

The Wagstaffe Group Practice Guide: Federal Civil Procedure Before Trial untangles the intricacies of pretrial federal civil procedure through:

•  In-depth, knowledgeable 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 real-world information

Navigate the complexities of federal civil procedure as well as state procedure for the 22 states and the District of Columbia that closely follow the Federal Rules of Civil Procedure.

This across-the-board guide will identify the questions that lawyers and judges will ask. Along the way, it will help you understand court splits and provide you with plenty of advisory practice tips, allowing you to litigate with confidence. This publication includes numerous features, and distills complex procedural issues down to easy-to-digest pieces.

•  Chapters are organized into Scope, Objective and Strategy, Core Rules and Statutes, Checklists, and Examples.
•  Contains dozens of detailed checklists that provide users with true practical guidance on how to complete pretrial federal practice tasks.
•  Numerous examples and case studies highlight both common and nuanced procedural issues.
•  Over 1,000 practice tips such as “Warning” or “Local Practice” alert the user to important nuggets of practical advice including exceptions, court splits and warnings about potential traps.
•  Over 1,000 cross references are made throughout to other areas within the chapter, other chapters in this title and other titles, such as Moore’s Federal Practice® and Bender’s Federal Practice Forms®.
•  The Table of Cases lists all of the cases cited in this set and is arranged alphabetically by case name.
•  The Table of Statutes lists all the statutes cited to alphabetically.
•  The Index references all topics discussed in the text and footnotes.

A current awareness pamphlet, published annually for print subscribers, features expert commentary and practical insights on legal current events like hot new cases and amendments to laws.

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Table of contents


View the in-depth Table of Contents here.


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 Recusal

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


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 Rule 12 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, Initial and Expert Disclosures

Chapter 27 Case Management Conferences and Scheduling Orders

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


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 47 Offer of Judgment (Rule 68)

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


Table of Cases

Table of Statutes