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O'Connor's Federal Rules * Civil Trials 2012

By Michael C. Smith

Update frequency: Annually

Free update period: 60 days before next edition is released

Format: Softbound portable book

Dimensions: 7.5" x 10"

Page Count: 1600+

ISBN: 978-1-59839-135-0

  Non-subscription price

$83.00  Subscription price

Pre-order now! Shipping early February 2012.

Answers almost any federal-procedure question in minutes, with a plain-English explanation of procedure, the complete Federal Rules of Civil Procedure and the Federal Rules of Evidence, and much more.

Updated with the Federal Courts Jurisdiction and Venue Clarification Act of 2011 and the Removal Clarification Act of 2011.

Write a Review:
  • Become a procedure expert in minutes. Simple to use, whether you’re researching in the office or arguing in the courtroom. Information is presented in a logical order.
  • File with confidence. Explains all the procedural issues—from the mundane to the most complex—in straightforward, plain English and provides quick answers to common questions about pleading and motion practice.
  • Stay on top of new developments in discovery, including e-discovery. Includes a chapter dedicated to the procedures for discovering and protecting paper documents, electronically stored information, tangible things, and more.
Commentaries
  1. Introduction—Rules for filing, service, hearings, and preserving error
  2. Plaintiff’s Lawsuit—Including injunctions and declaratory judgments
  3. Defendant’s Responses & Pleadings—Defendant’s answer, including all FRCP 12(b) motions
  4. Removal & Remand—Removal to federal court and remand to state court
  5. Pretrial Motions—Including pretrial conference and motions for continuance, recusal, and Daubert hearing
  6. Discovery—Comprehensive discovery coverage, including discovery about and from experts and e-discovery
  7. Disposition Without Trial—Nontrial disposition, including default and summary judgment
  8. The Trial—Covering trial procedure from jury selection to final argument
  9. The Judgment—Motion to enter judgment and the judgment
  10. Postjudgment Motions—Covering all motions challenging the judgment

Federal Rules of Civil Procedure (annotated)

FRCP Appendix of Forms

Supplemental Rules—Admiralty & Maritime Claims

Multidistrict Litigation Rules

Federal Rules of Evidence (annotated)

Federal Rules of Appellate Procedure

FRAP Appendix of Forms

United States Code – Title 28

U.S. Constitution

Advisory Committee Notes to Rules

The Hague Convention on Service Abroad

The Hague Convention on Taking Evidence Abroad

Timetables

Index


Charts and Examples
  • Deadline – Filing or Service?
  • Computing Deadlines to Respond
  • Rule Interpleader vs. Statutory Interpleader
  • Diversity Jurisdiction
  • Summary of Defendant’s Responses & Pleadings
  • Specific Jurisdiction
  • General Jurisdiction
  • Diversity Jurisdiction for Removal
  • Degrees of Relationship
  • Examples of Judicial Notice of Adjudicative Facts
  • Methods of Discovery
  • Modifying Discovery Procedures & Limits
  • Pursuing an Adverse Ruling
  • Postjudgment Motions

Timetables
  • Pleadings and Pretrial-Motions Schedule
  • Pretrial Disclosures & Conferences
  • Discovery Status Sheet
  • Removal and Remand
  • Temporary Restraining Order & Injunction
  • Request to Clerk for Default Judgment
  • Motion to Court for Default Judgment
  • Summary Judgment
  • Appeal of Civil Trial
The new 2012 edition has been fully revised to reflect all the latest changes in the law.

Highlights include:
  • The Federal Courts Jurisdiction and Venue Clarification Act of 2011, which enacted and amended several sections of title 28 on diversity jurisdiction, venue, and removal and remand.
  • The Removal Clarification Act of 2011, which amended the procedure for removing a civil action against the United States or its agencies, officers, or employees.
  • The restyling of the Federal Rules of Evidence, which took effect December 1, 2011.
  • The substantive amendments to the Federal Rules of Appellate Procedure, which took effect December 1, 2011, and clarify when the United States is considered a party for purposes of the deadline for filing a notice of appeal.
  • The Supreme Court’s recent J. McIntyre Mach., Ltd. v. Nicastro and Goodyear Dunlop Tires Opers., S.A. v. Brown decisions, which discuss personal jurisdiction for business entities.
  • The Supreme Court’s recent Wal-Mart Stores v. Dukes decision, which discusses the requirements for certifying a class action.
  • Recent circuit decisions interpreting the pleading standard under Iqbal and Twombly.
The restyling of the Federal Rules of Evidence and the amendments to the Federal Rules of Appellate Procedure were all incorporated into the text of the rules, as well as into our clear, detailed commentary.  Because the restyling of the Federal Rules of Evidence made a number of subdivision changes within the rules, we have included a comparison table that shows the rearrangement of the subdivisions.  The extensive amendments to title 28 of the U.S.C. by the Federal Courts Jurisdiction and Venue Clarification Act of 2011 and the Removal Clarification Act of 2011 were incorporated into the text of the statutes, as well as into our clear, detailed commentary.