Pretrial: [Connected eBook with Study Center]

by Thomas A. Mauet, David Marcus

Overview

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Pretrial, Eleventh Edition, by Thomas Mauet and David Marcus, organizes pretrial planning and execution into a series of steps students can easily master. Ordinary law school classes give students very few opportunities to learn about how lawyers prepare and manage cases. Pretrial introduces students to all aspects of case development, litigation, and settlement, ranging from the initial client interview to the analysis of settlement strategy and terms using many real-life examples. It provides sample documentation for each stage of a civil case. An invaluable text for law students, Pretrial also gives new lawyers straightforward, practice-oriented instruction as they immerse themselves in the real world of litigation practice. It also offers experienced lawyers a concise, ready source they can consult when they need a refresher.

Through eleven editions, Pretrial continues to feel fresh and relevant. This perennial favorite combines vital aspects of civil procedure with accessible coverage of civil litigation in a single volume, introducing students to all aspects of case development. From investigating and planning to pleadings, discovery, motions, and settlement strategy—the hands-on learning, expert analysis, and actual cases in Pretrial encourage students to embrace the subject and develop the practical lawyering skills of pretrial litigation.

Famously clear and concise, Pretrial features:

• Authoritative and readable text from nationally recognized litigation and trial experts
• An organized methodology for building knowledge and skills
• Interactive problem exercises for each stage of a pretrial litigation
• A sample case file—realistic documentation—accompanies a hypothetical civil case
• The online resources include litigation files with separate materials for plaintiffs and defendants for six separate cases
• Additional updates and resources

New to the 11th Edition: 

• Extensive updates to discovery in response to changes to the Federal Rules of Civil Procedure and to relevant technology
• Timely guidance for handling remote hearings and depositions
• A fresh look at personal jurisdiction, multi-party joinder, and the many issues that affect litigation, such as taxation of settlements and pleading doctrine

Professors and students will benefit from:

• The only single-volume text to combine no-nonsense instruction in civil procedure with detailed but straightforward how-to lessons for civil litigation
• Authorship by the founder of the trial practice curriculum in American law schools, and revision by a nationally recognized expert in civil procedure
• No jargon, with an eye toward what litigators need to know on a day-to-day basis for their practices

 

Product Details

ISBN-13:	9781543857979
Publisher:	Wolters Kluwer Law & Business
Publication date:	11/01/2022
Series:	Aspen Coursebook Series
Edition description:	Eleventh Edition
Pages:	528
Product dimensions:	7.00(w) x 10.00(h) x (d)

Table of Contents

	Preface	xxiii
	Citations	xxv
Part A	Investigating and Planning the Litigation	1
I	Introduction to Litigation Planning
1.1	Introduction	3
1.2	Organizing litigation planning	3
1.3	Conclusion	17
II	Informal Fact Investigation
2.1	Introduction	19
2.2	Structuring fact investigations	19
2.3	Client interviews	28
2.4	Exhibits acquisition	37
2.5	Witness interviews	40
2.6	Expert reviews	48
2.7	The "small" case	49
III	Legal Investigation
3.1	Introduction	53
3.2	Choice of law	54
3.3	Legal theories for claims, remedies, and defenses	56
3.4	Joinder of parties and claims	58
3.5	Subject matter jurisdiction in district courts	62
3.6	Personal jurisdiction	72
3.7	Venue	75
IV	Case Evaluation and Strategy
4.1	Introduction	79
4.2	Taking the case	79
4.3	Establishing the terms of the attorney-client agreement	83
4.4	Declining representation	90
4.5	Planning the litigation	91
4.6	Example of litigation planning: Novelty Products, Inc. v. Gift Ideas, Inc.	97
4.7	Prefiling requirements	104
Part B	Conducting the Litigation	109
V	Pleadings
5.1	Introduction	111
5.2	General pleading requirements	112
5.3	Complaints	120
5.4	Rule 12 responses	137
5.5	Answers	142
5.6	Counterclaims	149
5.7	Replies	152
5.8	Cross-claims	153
5.9	Impleader (third-party practice)	156
5.10	Interpleader	160
5.11	Intervention	163
5.12	Class actions	166
5.13	Amendments of pleadings and supplemental pleadings	169
VI	Discovery
6.1	Introduction	173
6.2	Scope of discovery	174
6.3	Discovery strategy	178
6.4	Discovery planning meeting and pretrial scheduling conference	187
6.5	Required disclosures	192
6.6	Interrogatories	203
6.7	Requests to produce documents and subpoenas	222
6.8	Electronic discovery	234
6.9	Depositions	243
6.10	Physical and mental examinations	279
6.11	Requests to admit facts	282
6.12	Supplementing discovery	290
6.13	Discovery motions	291
6.14	Discovery review	299
VII	Motions
7.1	Introduction	301
7.2	General requirements for motions	301
7.3	Extensions of time and continuances	309
7.4	Substitution of parties	310
7.5	Temporary restraining orders and preliminary injunctions	311
7.6	Removal	320
7.7	Judgment on the pleadings	325
7.8	Summary judgment	326
7.9	Dismissals and defaults	338
7.10	Consolidation and separate trials	343
7.11	Interlocutory appeals	344
VIII	Pretrial Conferences and Settlements
8.1	Introduction	347
8.2	Pretrial conferences	347
8.3	Settlements	358
Appendix	Litigation File: Jones v. Smith	389
	Index	439