General Materials on Litigation

Library catalog (MNCAT) at http://mncat.lib.umn.edu.
Suggested subject searches include:

Jury instructions -- United States -- forms
Trial practice --United States
Trial practice -- Minnesota
Examination of witnesses -- United States
Discovery (Law) United States
Depositions -- United States
Pre-trial procedure -- United States
Civil procedure -- United States -- Trial practice
Trial practice -- United States
Actions and defenses -- United States.

For example: subject = trial practice Minnesota.

You can search for CLE (Continuing Legal Education) materials by using a keyword search, and adding the phrase legal education to your search terms. For example: keyword = malpractice legal education.

The five publications below provide an introduction to the litigation process, aimed at the new practitioner. The first three are Minnesota publications; the next is a West nutshell, and the last one is an American Bar Association guide.

The Basics of Civil Litigation [MCLE] (Reserve KF209 .M54x 2008 no. 53. Covers drafting pleadings, conducting discovery, handling evidence, surviving your first trial, and negotiating settlements.
The Toolbox: The Mechanics of Trying the Case [Minnesota Association for Justice] (Reserve KFM 5597 .P3 T66x 2008) An outline of trial procedure from the decision to sue to witnessess and exhibits to post-trial motions.
Trial Practice and Procedure in Minnesota State Court: How to Litigate the Civil Case [MCLE] (Reserve KF 209 .M54x 2007 no. 101) Covers complaints, discovery, dismissals, the acutal trial, and post-trial procedures.
The First Trial: Where Do I Sit? What Do I say? In a Nutshell, 2nd ed. [Goldberg& McCormack] (Reserve KF 8915 .G63 2009).
The Litigation Manual 3rd ed. [Koeltl & Kiernan] (Reserve KF 8915 .A2 L57 1999) In three volumes: Pretrial, Trial and Special Problems and Appeals.

For more experienced practitioners, publications such as the following can be helpful:

The Litigator's Annual Short Course [MCLE] (Reserve KF209 .M54x 2009 no. 2). Designed as an update to highlight rules changes, significant cases, technological developments such as electronic discovery, etc.

Pretrial Practice

Civil Pretrial Practice Institute [MILE] (KF209 .M55 2001 no.55) This CLE covers pretrial practice in depth, including written discovery and depositions, experts, motion practice, and more.
Pretrial Litigation in a Nutshell [4th ed., Dessem] (Reserve KF8900 .D49 2008). This Nutshell focuses on federal rules of civil procedure covering the pretrial process, and the skills needed during those proceedings.
Am Jur Proof of Facts, 3^rd series. (KF 8933 .A42 1988). Proof of Facts helps lawyers organize and prepare materials for trial, and examine witnesses. It covers obtaining information from clients, taking depositions, preparing briefs, and other steps in trial preparation. Each article has checklists and planning guides to help establish key facts.
Lawyers' Guide to Medical Proof [Houts] (KF 8964 .H69).
The Practising Law Institute often publishes handbooks on Federal Pretrial Practice: e.g., Federal Pretrial Practice, Basic Procedure & Strategy [PLI] c2001. Handbooks in this series are shelved at KF 8915 .A1 L57x.

Pleadings

Cause of Action Manual 3rd ed. [Bartsch] (RESERVE KFM 5933 .C38x 1999) This source sets out the elements of various causes of action under Minnesota law.
Shepard's Causes of Action 1st and 2d eds. (KF 8863 .S53 1993-; KF 8863 .S53 1983). Multi-volume sets. For selected causes of action, each article includes an overview of substantive law, checklists, and a sample complaint.
Pirsig on Minnesota Pleading, 6th ed. (RESERVE KFM 5935 .P751x). This title provides valuable guidelines for drafting pleadings in Minnesota.
American Jurisprudence Pleading and Practice Forms Annotated (REF KF 8836 .A45) A comprehensive collection of forms and pleadings covering both judicial and administrative proceedings.
Nichols Cyclopedia of Federal Procedure Forms (KF 8840 .C93 Forms 1951) Each chapter includes sample forms, along with practice tips.
Federal Local Court Forms (KF 8836 .H58) Current reproducible forms generated by the Administrative Office of the United States Courts, and by the various United States District Courts (including Minnesota) and Courts of Appeals (including the 8^th Circuit).
Federal Procedural Forms, Lawyers Ed. (REF KF 8836 .F4) Forms for federal civil, criminal, and administrative proceedings. The set references Federal Procedure Lawyer's Edition, and is arranged by subject rather than by rule number. Updated annually by pocket parts.
Bender's Federal Practice Forms (REF KF 8836 .F78) This looseleaf publication has forms for both civil and criminal practice.
West's Federal Forms (REF KF 8836 .W4). This multi volume set contains forms and annotations for federal civil, criminal and administrative proceedings.
Civil Practice Forms [Minnesota Practice] (RESERVE, LAW REF. OFFICE KFM 5480 .M53 vols. 15-16.) Organized by civil procedure rule number, these two volumes are a treasure trove of useful, adaptable forms for the Minnesota litigator.

Discovery

Antitrust Discovery Handbook, 2nd ed. [ABA] (KF8900.A75 2003). Includes the scope of discovery and practical approaches to gaining discovery in antitrust cases.
Deposition Guidebook. [Klein] (KF8900.K58 2007). A compact guide to conducting effective depositions.
Depositions: Procedure, Strategy and Technique, 3rd ed. [Lisnek & Kaufman] (KF8900 .L571x). Describes a plan for thorough preparation, execution, and evaluation of depositions.
Discovery Practice, 4th ed. [Herr & Haydock] (KF8900 .H392x). Practice tips and an appendix of forms.
The Effective Deposition: Techniques and Strategies that Work. [Malone] (Reserve KF8900.M34 2007). Argues that the best result for a case is achieved through effective depositions.
Effective Depositions. [MCLE] (KF209.M54x 2007 no. 44) Discusses preparations for and techniques of depositions.
Electronic Discovery: Law and Practice. [Cohen & Lender] (KF8902.E42 C64). Covers initiating and responding to electronic discovery requests and electronic data retention policies.
Electronic Discovery Deskbook. [Mayer Brown LLP] (KF8902.E42 E44x). Discusses the process of electronic discovery under the Federal Rules of Civil Procedure.
Employment Discrimination Depositions: Law, Strategy and Sample Depositions. [Oncidi] (KF8925.D5 O53x).
Pattern Discovery: Employment and Labor Law [Danner] (KF8900.D319).
Pattern Discovery: Tort Actions 3d ed. [Danner] (KF8900.D333x).
You Will Be a Credible Witness at Your Deposition! The 3 Steps and 10 c's for Clients and Lay Witnesses Testifying at Depositions [videorecording] [American Bar Association] (KF9672.Y681x 2008).

Motion Practice

Motion Practice [MILE] (KF 209 .M55 2002 No.31) This CLE provides an in-depth look at selected topics in state and federal motion practice.
Motion Practice, 4th ed. 2001- [Herr, et al.] (KF 8875 .H472x) This source includes substantive law, practice tips, sample forms and illustrative trial examples.
Motion Practice and Persuasion. [ABA] (KF8875.J67 2006). Describes the fundamental principles of motion practice and suggests ways to write persuasive motions that meet specific needs.

Note: Many of the works listed under the heading Pleadings, above, also contain sample discovery and motions.

Trial Practice

73 Ways to Win [videorecording][American Bar Association Section of Litigation ] c2001. KF8915 .S48x 2001 Description: "Seventy-three of the country's top legal advocates collaborate to present litigation tips and practical advice on improving trial practice, as they illustrate the evolution of a case from the beginning through to its appeal."
American Jurisprudence Trials (KF 8915 .A74) This set is set is written by experienced trial lawyers. The first six volumes cover general problems in trial practice. The remaining Model Trials volumes address trials on particular topics. Includes sample pleadings.
Civil Trial Practice Institute [MILE] (KF 209 .M55 2002 No. 51) This CLE covers many key aspects of trial practice, including jury selection, demonstrative and documentary evidence, experts, cross-examination, opening and closing arguments, making objections, etc.
Closing Arguments: the Art and the Law, 2nd ed. [Stein] (KF8915.S71x). This book discusses both the law of closing arguments and the art of presenting one effectively. It also includes sample arguments in both civil and criminal cases.
Goldstein Trial Technique, 3rd ed. [Lane] (Reserve KF8915.G64 1984). This loose-leaf covers each stage of trial practice, from preparation to appeals; there are numerous citations to both primary and secondary sources.
How to Succeed in the Courtroom: The Secrets of Persuasive Storytelling (MCLE). (RESERVE KF209.M54x 2006 no. 42). Focuses on persuasive speaking.
How to Try a Jury Case: Trial Tactics. [Kimberling] (KF8915.K56 2007). This brief book from the National Institute for Trial Advocacy presents the basics of trial preparation, witness examination, and opening and closing arguments.
Litigation is War: Strategy & Tactics for the Litigation Battlefield. [Whitmer] (RESERVE KF8915.W495 2007). Focuses on the need for a comprehensive and organized strategy in trial practice.
McElhaney's Trial Notebook, 4th ed. [McElhaney] (RESERVE KF8915.Z9 M25 2005). From the author's columns in the ABA journal Litigation, this title includes material on tactics, persuasion, and witnesses.
Minnesota Judges Criminal Benchbook, 6th ed. [MCLE] (RESERVE KF209.M54x 2008 no. 61). Discusses the full course of Minnesota criminal procedure from charging and arrest to sentencing and postconviction; includes discovery, trial procedures, and evidence in criminal trials.
Minnesota State District Court Civil Practice Deskbook, 1st ed. [MCLE] (RESERVE KF209.M54x 2009 no. 18). In addition to covering pleading and discovery, this deskbook discusses trial elements, post-trial procedures, and collection of judgments; it includes forms.
Opening Statements: Winning in the Beginning by Winning the Beginning, 2nd ed. [Gianna] (KF8915.J842x). Argues the importance of the opening statement to winning the trial and provides illustrative "great opening statements."
Trial Advocacy: Planning, Analysis, and Strategy, 2nd ed. [Berger] (RESERVE KF8915.B45 2008). Emphasizes the increased importance of technology and expert witnesses in successful trial practice; includes assignments and case files and a CD-ROM.
Trial Handbook for Minnesota Lawyers. [Meshbesher] 2001- . Part of the Minnesota Practice Series. (RESERVE & REFERENCE OFFICE KFM5480.M53 v.23).
Trial Handbook 3rd ed. [Sinclair]. 2002- (KF8915.S56x). This loose-leaf from Practising Law Institute, the national continuing legal education provider, tries to cover all facets of the trial process; it includes step-by-step guidance on creating a good record at trial and has many forms, checklists, etc.
Trial Advocacy in a Nutshell 3rd ed. [Bergman] (RESERVE KF 8915 .Z9 B47 1997) Within the typical West Nutshell format, this book presents alternative approaches to common trial situations, using various factual settings and legal issues.
Trial and Clinical Skills in a Nutshell 4th ed. [Hegland]. (Reserve KF8915.Z9 H46 2005). More general than Trial Advocacy in a Nutshell, this book covers a variety of skills including some related to trial practice.
Trial Techniques 6th ed. [Mauet] (RESERVE KF 8915 .M38 2002) This source includes coverage of jury selection, opening statements, direct examination, exhibits, cross-examination, experts, closing arguments, objections, trial preparation and strategy.
Trials: Strategy, Skills, and the New Powers of Persuasion, 2nd ed. [Mauet] (RESERVE KF8915.M384 2009). This book focuses on the changes in trial techniques as jurors have changed in age, attitude, and media awareness. An accompanying DVD-ROM contains forms and exhibits.
Trying Cases to Win [Stern] (RESERVE KF 8915 .S736 1991) Discusses techniques and strategies for use during trial.

Evidence and Examination of Witnesses

Courtroom Criminal Evidence 4th ed. [Imwinkelried] (KF 9660.C68x 2005) This source provides detailed, thorough analysis of evidentiary issues in general and those specific to criminal practice, such as fourth amendment issues, confessions, probable cause, etc.
Courtroom Evidence Handbook 2008-2009 Student edition. [Goode et al.] (RESERVE KF8936.Z9.C655). This book is designed to make sense of evidence law, providing both an explanation of the federal rules of evidence and an introduction to how they are used in trial.
Evidence, 3rd ed. [Thompson] (RESERVE & REFERENCE OFFICE KFM5480.M53 v.11). Part of the Minnesota Practice Series, this title comments on the Minnesota rules of evidence and provides numerous case reference.
Evidentiary Foundations 7th ed. [Imwinkelried] (KF 8935.I45 2008) This source contains samples of questions that can be used to lay a foundation for the admission of various kinds of evidence.
Expert Witnesses in Civil Trials: Effective Preparation and Presentation, 2007/2008 ed. [Lancaster, Cappozzola] c2008-. (KF8961.L36x). Part of West's Trial Practice Series, this title is updated in annual editions.
Model Witness Examinations, 2nd ed. [Sandler](KF8900.S26 2003). This concise handbook provides more than 60 model examinations as practical examples of common trial evidentiary issues.
Objections at Trial 5th ed. [Bright et al.] (KF8935.B75 2008). Discusses the many possible objections to evidence presented during a trial.
Preparing Witnesses, 3rd ed. [Rosner] (KF8915.R67x). This loose-leaf in West's Trial Practice Series emphasizes the importance of adequate preparation to the effective testimony of witnesses at trial.
Trial Evidence, 3rd ed. [Mauet, Wolfson] (RESERVE KF8935.M28 2005). This book approaches evidence in the context of how it is presented and used in a trial.
You Will Be a Credible Witness at Trial! The 3 Steps and 10 C's for Clients and Lay Witnesses at Trial [videorecording] [American Bar Association] (KF9672.Y68x 2008).

Jury Selection and Jury Instructions

Effective Jury Selection Techniques [videorecording] (KF8915.Z9.V57 1994 v.10)
Federal Jury Practice and Instructions 6th ed. [O'Malley et al.; also referred to as Devitt & Blackmar] (RESERVE KF8984.D48 2006) This set includes general instructions for federal civil and criminal cases, pattern jury instructions prepared by committees from various federal circuits, case annotations, and related materials.
Jury Instructions in Commercial Litigation 2nd ed. [Eades] (KF8925.C55 E232x 2002). Includes a broad range of topics from contracts to intellectual property to torts.
Jury Instructions on Medical Issues, 6th ed. [Eades] (KF8984.E22x). Includes cases involving hospitals, physicians, and particular diseases and injuries.
Manual of Model Civil Jury Instructions for the District Courts of the Eighth Circuit (RESERVE KF 8984.A65 M36). 2005 is the latest edition.
Mastering Voir Dire and Jury Selection: Gaining an Edge in Questioning and Selecting Your Jury [Frederick] (KF8979.F73 2006). Describes how jury selection works, how to prepare, how to elicit information from jurors about their backgrounds and opinions, and how to interpret nonverbal cues.
Minnesota Jury Instruction Companion Handbook:Civil (CIVJIG). (RESERVE & REFERENCE OFFICE KFM5480.M53 v. 4B). This supplement to the Minnesota civil jury instructions contains acutal instructions given in cases tried in Minnesota trial courts.
Minnesota Jury Instruction Guides: Civil (CIVJIG), 5th ed. (RESERVE & REFERENCE OFFICE KFM5480.M53 V.4, 4A)
Minnesota Jury Instruction Guides, Criminal (CRIMJIG) 4th ed. (RESERVE & REFERENCE OFFICE KFM 5480.M53, v. 10, 10A.)
Model Jury Instructions in Civil Antitrust Cases, 2005 ed. (KF9066.A65.M63 2005). This book contains sample jury instructions from the ABA Section of Antitrust Law.
Model Jury Instructions: Employment Litigation, 2nd ed. (KF8984.E39 2005). One of a series of Model Jury Instructions from the ABA Section of Litigation; the others are on business torts, securities, construction and patents.

The Law Library also owns jury instructions for many states in addition to Minnesota. Search MNCAT by LC subject heading: Instructions to juries--followed by the state you want.

Periodical Indexes

Useful search terms include: Trial practice; Jury or Juries; Witnesses; Evidence; Motions; Pretrial procedure; Pleading.

LegalTrac Los Altos, CA: Information Access, 1980- . [Vol. 1- , Jan. 1980]

LegalTrac, covering 1980-date from the Law Library's home page. On LexisNexis, LexisNexis Academic, and Westlaw this index is known as the "Legal Resource Index."
On LexisNexis: LGLIND file. Coverage begins January 1977.
On Westlaw: LRI database. Coverage begins in 1980

Index to Legal Periodicals & Books New York: H.W. Wilson Co., 1908- . [Various title & publication changes; monthly with annual cumulations].

LOCATION: REFERENCE / K33.I54x
On Westlaw: ILP database. Coverage begins in August 1981.
On LexisNexis: ILP file. Coverage begins in 1978.
Index to Legal Periodicals & Books (1982- ) from the Law Library's homepage.

Current Index to Legal Periodicals Seattle, WA: University of Washington Law Library and Washington Law Review, 1968- .

LOCATION: RESERVE / KF8.C87x (Latest 3 months only).
On Westlaw: CILP database
Current Index to Legal Periodicals on the web: http://cilp.nellco.org

Minnesota Legal Periodical Index (MLPI) St. Paul, MN: Minnnesota State Law Library, 1984- (Actual coverage varies by title indexed).

LOCATION: REFERENCE / K33.M56x (in print through July 2000).
LOCATION: Electronic version at Law Moose

LexisNexis & Westlaw

LexisNexis databases under the topic Litigation Practice and Procedure include some jury instructions, periodicals, and Benders Forms of Discovery, a multi-volume treatise containing interrogatories for both civil and criminal matters arranged by subject.

Westlaw litigation databases include a variety of sources: AMJUR-POF contains Am Jur Proof of Facts; AMJUR-TRIALS contains Am Jur Trials; FORMS-PP includes national and state-specific pleading and practice court forms used in civil litigation. The LTG-TP database includes texts, legal practice-oriented periodicals, CLE course materials, and form books. Also check the the Westlaw directory under Litigation for a variety of sources containing jury instructions, pleadings, expert witness information, and other trial practice material.

Internet Resources

http://www.findlaw.com/01topics/29litigation/index.html (Findlaw's links to litigation resources)

http://www.abanet.org/litigation/home.html (ABA resources on litigation)

Links verified 5/2009