The Wagstaffe Group Practice Guide: Federal Civil Procedure Before Trial
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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
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