Motion Practice, Fifth Edition / Edition 5

Motion Practice, Fifth Edition / Edition 5

by David F. Herr, Roger S. Haydock, Jeffrey W. Stempel
     
 

ISBN-10: 0735587205

ISBN-13: 9780735587205

Pub. Date: 06/10/2009

Publisher: Wolters Kluwer Law & Business

This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished,

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Overview

This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice, Fifth Edition shows you both what is permissible and what is advisable in such aspects of motion practice as:

• Formal requirements
• Strategic uses
• Use of supporting documents
• Effective advocacy
• Persuasive oral argument
• Ethical issues

The authors include a table of deadlines affecting motions, along with sample forms and illustrative trial examples.

Product Details

ISBN-13:
9780735587205
Publisher:
Wolters Kluwer Law & Business
Publication date:
06/10/2009
Pages:
1232

Table of Contents

Part I: General Consideration

• Chapter 1: Scope of Motion Practice
• Chapter 2: Strategic Use of Motions
• Chapter 3: Mechanics of Motion Practice
• Chapter 4: Motion Advocacy
• Chapter 5: Memoranda
• Chapter 6: Oral Argument
• Chapter 7: Ethical Aspects of Motion Practice

Part II: Motion Practice Before Trial

• Chapter 8: Pretrial Motions Generally
• Chapter 9: Motions Attacking the Pleadings; Amendment
• Chapter 10: Motions Attacking Jurisdiction
• Chapter 11: Motions to Transfer Venue or Dismiss Improperly Venued Actions
• Chapter 12: Joinder of Parties
• Chapter 13: Offensive Defensive Pleadings
• Chapter 14: Motions Affecting the Scope of the Litigation
• Chapter 15: Discovery Motions
• Chapter 16: Motions Affecting Issues to be Tried
• Chapter 17: Motions Affecting Trial Calendar and Case Management
• Chapter 18: Motions for Pretrial Evidence Rulings
• Chapter 19: Motions Attacking Counsel and the Court
• Chapter 20: Pretrial Motions for Substantive Relief

Part III: Trial Motions

• Chapter 21: Motions during Trial

Part IV: Posttrial Motions

• Chapter 22: Posttrial Motions for the Disappointed Litigant
• Chapter 23: Posttrial Motions for the Victor
• Chapter 24: Motions for Relief from Judgments or Final Orders
• Chapter 25: Appellate Court Motion Practice

Appendix A: Lawyer’s Checklist of Motion Considerations

Appendix B: Table of Deadlines Affecting Motions

Table of Cases

Bibliography

Index

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