1014+ pp.; 4th ed. 2012
2 volumes
Find the information you need for all aspects of pretrial practice
Long before a civil trial starts, there are dozens of decisions to be made and procedural hurdles to clear. Starting with the initial client contact, you need to look for conflicts of interest and know how to set fees. Then there’s the matter of determining jurisdiction and deciding which court has venue. Pleadings, motions, and discovery all have their own complexities. Helping you make it through this maze successfully is the goal of Civil Procedure Before Trial.
Rely on a trusted guide
Since 1996, Civil Procedure has served as a trusted resource for practitioners of all experience levels. You’ll understand why when you see how it combines a clear and concise statement of the law with invaluable practice pointers gleaned from the knowledge, experience, and practices of some of Wisconsin’s most prominent litigators.
Work effectively with step-by-step procedures
Civil Procedure will help you litigate your cases more effectively by chronologically walking you through typical topics arising during litigation, and then aiding your understanding with a nuts-and-bolts approach to complex issues and topics — and it provides helpful checklists and forms.
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Summary of contents
- Accepting a Litigation Client
Conflict-of-interest clearance; initial client conference; notice to client not accepted; fee agreements; fee recovery opportunities; fee splitting; client trust accounts; substitution of counsel; frivolous claims and defenses
- Venue, Statutes of Limitation, and Other Initial Considerations
Parties; venue; statutes of limitation; justiciability; lis pendens
- Jurisdiction
Wisconsin and federal subject matter jurisdiction; personal jurisdiction; in rem/quasi in rem jurisdiction
- Joinder of Parties and Claims
Joinder of claims and remedies; real party in interest; mandatory and permissive joinder of parties; third-party practice (impleader); interpleader; intervention; substitution of parties; class actions
- Pleadings
General rules of pleading; complaint; answer; counterclaim; cross-claim; jury demand; amendment and supplementation of pleadings
- Service of Process
Summons; personal and by publication; service by mail; proof of service; challenge of service; special service requirements
- Provisional Remedies and Declaratory Relief
Temporary restraining orders and temporary injunctions; receiverships; declaratory relief
- Motion Practice
Noticed and ex parte motions; response to motions; hearings; court's decision; motions for rehearing or reconsideration; specific motions (amend/supplement pleadings; change venue; substitute/disqualify judge; more definite statement; strike; motion in limine)
- Termination Without Trial
Voluntary and involuntary dismissal; motion to dismiss; default judgment; failure to prosecute; judgment on the pleadings; summary judgment
- Discovery
Objectives and uses; formal discovery; informal discovery; privileges and immunities; waiver; enforcement
- Dispute Resolution Procedures
Alternative dispute resolution; medical mediation; statutory settlement offers
- Case Management Procedures
Scheduling order; pretrial conferences; consolidation; severance
- Table of Cases
- Table of Statutes, Regulations, and Rules Index
Mount the best case possible
Be more effective and efficient in preparing your civil cases for trial with Civil Procedure Before Trial.
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