Weissenberger's Federal Civil Procedure Litigation Manual

Weissenberger's Federal Civil Procedure Litigation Manual provides concise, rule-based coverage of the process of litigation in the federal courts.

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2019-20 Edition
ISBN: 9781522176893
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2019-20 Edition
ISBN: 9781522176909
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2019-20 Edition
ISBN: 9781522176909
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Weissenberger’s Federal Civil Procedure Litigation Manual offers a practical guide to the intricacies of the Federal Rules of Civil Procedure. Written by Glen Weissenberger, author of the Evidence Courtroom Manual series and A.J. Stephani, noted civil procedure professor and author, Federal Civil Litigation Procedure Manual contains the complete text of the Federal Rules of Civil Procedure. Each rule is then individually annotated with insightful commentary, additional supporting authorities, and recent significant cases. The manual was specifically designed to aid both the legal practitioner and judge, and is updated annually to encompass changes in the Rules or supporting case law.

Features include:

The complete text of the Federal Rules of Civil Procedure
Insightful Commentary in clear prose delineates the practical meanings of each Rule
Additional Authority suggests additional research tools
Recent Significant Cases offers a list of current judicial interpretations of each Rule

Authors / Contributors

Table of Contents

FEDERAL RULES OF CIVIL PROCEDURE
TITLE I. SCOPE OF RULES; FORM OF ACTION
Ch. 1  Scope and Purpose
Ch. 2  One Form of Action
TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
Ch. 3  Commencing an Action
Ch. 4  Summons
Ch. 4.1  Serving Other Process
Ch. 5  Serving and Filing Pleadings and Other Papers
Ch. 5.1  Constitutional Challenge to a Statute—Notice, Certification, and Intervention
Ch. 5.2  Privacy Protection for Filings Made With the Court
Ch. 6  Computing and Extending Time; Time for Motion Papers
TITLE III. PLEADINGS AND MOTIONS
Ch. 7 Pleadings Allowed; Form of Motions and Other Papers
Ch. 7.1 Disclosure Statement
Ch. 8 General Rules of Pleading
Ch. 9 Pleading Special Matters
Ch. 10 Form of Pleadings
Ch. 11 Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Ch. 12 Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Ch. 13 Counterclaim and Crossclaim
Ch. 14 Third-Party Practice
Ch. 15 Amended and Supplemental Pleadings
Ch. 16 Pretrial Conferences; Scheduling; Management
TITLE IV. PARTIES
Ch. 17 Plaintiff and Defendant; Capacity; Public Officers
Ch. 18 Joinder of Claims
Ch. 19 Required Joinder of Parties
Ch. 20 Permissive Joinder of Parties
Ch. 21 Misjoinder and Nonjoinder of Parties
Ch. 22 Interpleader
Ch. 23 Class Actions
Ch. 23.1 Derivative Actions
Ch. 23.2 Actions Relating to Unincorporated Associations
Ch. 24 Intervention
Ch. 25 Substitution of Parties
TITLE V. DISCLOSURE AND DISCOVERY
Ch. 26 Duty to Disclose; General Provisions Governing Discovery
Ch. 27 Depositions to Perpetuate Testimony
Ch. 28 Persons Before Whom Depositions May Be Taken
Ch. 29 Stipulations About Discovery Procedure
Ch. 30 Depositions by Oral Examination
Ch. 31 Depositions by Written Questions
Ch. 32 Using Depositions in Court Proceedings
Ch. 33 Interrogatories to Parties
Ch. 34 Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
Ch. 35 Physical and Mental Examinations
Ch. 36 Requests for Admission
Ch. 37 Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
TITLE VI. TRIALS
Ch. 38 Right to a Jury Trial; Demand
Ch. 39 Trial by Jury or by the Court
Ch. 40 Scheduling Cases for Trial
Ch. 41 Dismissal of Actions
Ch. 42 Consolidation; Separate Trials
Ch. 43 Taking Testimony
Ch. 44 Proving an Official Record
Ch. 44.1 Determining Foreign Law
Ch. 45 Subpoena
Ch. 46 Objecting to a Ruling or Order
Ch. 47 Selecting Jurors
Ch. 48 Number of Jurors; Verdict
Ch. 49 Special Verdict; General Verdict and Questions
Ch. 50 Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
Ch. 51 Instructions to the Jury; Objections; Preserving a Claim of
Ch. 52 Findings and Conclusions by the Court; Judgment on Partial Findings
Ch. 53 Masters
TITLE VII. JUDGMENT
Ch. 54 Judgments; Costs
Ch. 55 Default; Default Judgment
Ch. 56 Summary Judgment
Ch. 57 Declaratory Judgment
Ch. 58 Entering Judgment
Ch. 59 New Trial; Altering or Amending a Judgment
Ch. 60 Relief from a Judgment or Order
Ch. 61 Harmless Error
Ch. 62 Stay of Proceedings to Enforce a Judgment
Ch. 62.1 Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal
Ch. 63 Judge’s Inability to Proceed
TITLE VIII. PROVISIONAL AND FINAL REMEDIES
Ch. 64 Seizing a Person or Property
Ch. 65 Injunctions and Restraining Orders
Ch. 65.1 Proceedings Against a Surety
Ch. 66 Receivers
Ch. 67 Deposit into Court
Ch. 68 Offer of Judgment
Ch. 69 Execution
Ch. 70 Enforcing a Judgment for a Specific Act
Ch. 71 Enforcing Relief For or Against a Nonparty
TITLE IX SPECIAL PROCEEDINGS
Ch. 71.1 Condemning Real or Personal Property
Ch. 72 Magistrate Judges; Pretrial Order
Ch. 73 Magistrate Judges; Trial by Consent; Appeal
TITLE X. DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS; ISSUING ORDERS
Ch. 77 Conducting Business; Clerk’s Authority; Notice of an Order or Judgment
Ch. 78 Hearing Motions; Submission on Briefs
Ch. 79 Records Kept by the Clerk
Ch. 80 Stenographic Transcript as Evidence
TITLE XI. GENERAL PROVISIONS
Ch. 81 Applicability of the Rules in General; Removed Actions
Ch. 82 Jurisdiction and Venue Unaffected
Ch. 83 Rules by District Courts; Judge’s Directives
Ch. 84 Forms
Ch. 85 Title
Ch. 86 Effective Dates
APPENDICES
Federal Rules of Civil Procedure
Supplemental Rules For Certain Admiralty and Maritime Claims
Appendix of Forms
Federal Rules of Appellate Procedure
Table to Calculate Number of Days