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 four are Minnesota CLE publications; the fifth is an American Bar Association guide.

The Basics of Civil Litigation [MSBA] Reserve KF209 .M54x 2005 no. 60. Covers drafting pleadings, conducting discovery, handling evidence, surviving your first trial, and negotiating settlements.
The Basics of Civil Litigation [MSBA] (KF 209 .M54x 1998 No.1433) An outline of trial procedure from case intake to post-trial motions.
Civil Litigation Primer [MILE] (KF 209 .M55 1998 No.60) Despite its name, this CLE doesn't provide an introduction to the whole civil litigation process, but it has useful sections on expert witnesses, dispositive motions, and more.
Effective and Efficient Litigation Techniques [MILE] (KF 209 .M55 1997 No.62) This CLE describes case preparation from the plaintiff's and defendant's side. It also includes the "Ten Commandments of Successful Settlement Negotiation."
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]; e.g., Reserve KF209 .M54x 2005 no.9. 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 [3rd ed., Dessem] (Reserve KF8900 .D49 2001). 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 (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

Minnesota Cause of Action Manual 2nd ed. [Bartsch] (RESERVE KFM 5933 .M56 1990) 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 (RESERVE KFM 5935 .P57x 1987). Although somewhat outdated, this book 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

Discovery Practice, 4th ed. 2002- [Herr & Haydock] (KF8900 .H39) Practice tips and an appendix of forms.
Pattern Discovery: Employment and Labor Law [Danner] 1996- (KF 8900 .D319).
Pattern Discovery: Tort Actions 3d ed. [Danner] 1994- (KF 8900 .D333x).
Pattern Discovery: Medical Malpractice [Danner] (KF8900 .D326 1985, with 1993 pocket parts).
Pattern Discovery: Automobiles [Danner] (KF 8900 .D36 1985 with 1993 pocket parts).
Deposition Skills [Hecht] (KF 8900 .H43x 1994).
Bender's Forms of Discovery (KF 8900 .A3 B4) 1963- . A multi-volume looseleaf set of sample requests for admissions, interrogatories, and depositions for both civil and for criminal matters, arranged by general subject.
Depositions: Procedure, Strategy and Technique, 2003- [Lisnek & Kaufman] (KF8900 .L571x).

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.

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

Trial Practice

Trial Handbook for Minnesota Lawyers. [Meshbesher] 2001- . Part of the Minnesota Practice Series. (RESERVE KFM5480 .M53 v.23; Reference Office KFM5480 .M53 v.23).
Trial Handbook 3rd ed. [Sinclair]. 2002- (KF8915 .S56x). This looseleaf from PLI, the national continuing legal education company, tries to cover all facets of the trial process. Includes step-by-step guidance on creating a good record at trial; many forms, checklists, etc.
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."
The Art & Science of Trial Advocacy [Perrin] (KF8915 .P47x 2003). Detailed advice on persuasion and organization, among other things.
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.
How to Succeed in the Courtroom: The Secrets of Persuasive Storytelling (MSBA). RESERVE KF209 .M54x 2006 no. 42. Focuses on persuasive speaking.
How to Win Your First Civil Jury Trial: And Live to Tell about It! [MCLE] (RESERVE KF 209 .M54x 1999 No.1505) Obviously geared toward novice trial lawyers, this CLE targets potential problems and gives solutions.
How to Win your Next Civil Jury Trial [MCLE]. c2000. (KF209 .M54x 2000 no.1595.)
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.
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.
The New Keys to Effective Trial Advocacy [MCLE] 2000. Covers jury selection, opening statements, direct and cross examination, expert witnesses, and final argument. (KF209 .M54x 2000 no.1582).
How to Try a Personal Injury Case: Strategies and Techniques from the Experts [Bingle] 1998. (KF 8915 .A1 L57x no.H-594).
Effective Closing Argument 2nd ed. [Lagarias] (KF 8924 .L34x 1999).
The Minnesota Ultimate Trial Notebook II [Kyle] (KF209 .M54x 1998 no.1476 ) Another CLE that covers Minnesota trials from start to finish.
Trying Cases to Win [Stern] (RESERVE KF 8915 .S736 1991) Discusses techniques and strategies for use during trial.

Evidence and Examination of Witnesses

Courtroom Evidence Handbook 3rd ed. [Goode et al.] KF8935 .G63 2003. Student edition.
How to Conduct Powerful Cross Examinations [MCLE] KF209 .M54x 2006 no.30.
Model Witness Examinations, 2nd ed. [Sandler].(KF8900 .S26 2003).
How to Prepare Witnesses for Trial 2nd ed. [Aron] 1998- (KF 8915 .A77).
Expert Witnesses in Civil Trials: Effective Preparation and Presentation, 2nd ed. [LinkLancaster] c2000- (KF8961 .L36x.) Part of West's Trial Practice Series.
Expert Witnesses: The Real Story [MSBA] (KF 209 .M54x 1998 No.1412) This CLE gives basic information about expert testimony, then explores in detail such issues as conveying an expert's opinion to opposing counsel; and direct- and cross-examination of experts.
Expert Witnesses [MILE] 2002. Includes sections on deposing experts and preparing them for trial.
Evidentiary Foundations 5th ed. [Imwinkelried] (Reserve KF 8935 .I45 2002) This source contains samples of questions that can be used to lay a foundation for the admission of various kinds of evidence.
Courtroom Criminal Evidence 3rd ed. [Imwinkelried] (KF 9660 .C68 1998) 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.
Objections at Trial 4th ed. [Bright et al.] (KF8935 .B75 2001). Minnesota Evidence [MILE] c2001. (KF209 .M55 2001 no.78). Covers hearsay, expert testimony, objections, and appellate review.

Jury Selection and Jury Instructions

Effective Jury Selection Techniques <videorecording> (KF 8915.Z9.V57 1994 v.10)
Minnesota Jury Instruction Guides, Criminal (CRIMJIG) 4th ed. (RESERVE, Law Ref. Office KFM 5480 .M53 v. 10a)
Minnesota Jury Instruction Guides: Civil (CIVJIG) (RESERVE, Law Ref. Office, KFM 5480 .M53 V.4, 4a)
Manual of Model Civil Jury Instructions for the District Courts of the Eighth Circuit (KF 8984 .A65 M36). 2001 is latest edition.
Federal Jury Practice and Instructions 5th ed. [O'Malley et al.; also referred to as Devitt & Blackmar] (KF 8984 .D48 2000) 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] (KF 8925.C55 E232x 2002).
Jury Instructions on Medical Issues, 6th ed. 2004-[Eades] (KF 8984 .A65 E22x).

Periodical Indexes

Current Law Index [Reference K 33.C87]. Also in electronic format as LegalTrac https://www.lib.umn.edu/log.phtml?id=3316&url=http://infotrac.galegroup.com/itweb/umn_wilson?db=LT , on LexisNexis, and on Westlaw as LRI database. Useful search terms: Trial practice; Jury; Witnesses; Evidence; Discovery (Law); Motions (Law); Pre-trial procedure.
Index to Legal Periodicals [Reference K33.I54x] Also in electronic format 1980- as http://vnweb.hwwilsonweb.com/hww/jumpstart.jhtml?custid=0000053689&prod=ILPIN and on Westlaw as ILP database. Useful search terms: Evidence; Trial Practice; Juries; Pleading; Witnesses; Motions; Pretrial Procedure; Discovery.

LexisNexis & Westlaw

LexisNexis databases under the topic Litigation include some jury instructions, periodicals, Benders Forms of Discovery, and LexisNexis Legal Forms.

Westlaw databases under the topic Litigation include federal and some state jury instructions, expert witness information, texts and periodicals (LTG-TP), and various form books, including Am Jur Pleading and Practice Forms, Am Jur Proof of Facts, and form books from larger states.

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)

Updated 9/05. Links verified 4/7/2008