Pretrial 10th Edition By Thomas A. Mauet, David Marcus
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Pretrial 10th Edition By Thomas A. Mauet, David Marcus

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Pages
695
File size
5.01 MB
Format
Digital PDF
Course
Law
Category
eBook[PDF]
About this ebook
Pretrial (10th Edition) by Thomas A. Mauet and David Marcus covers the entire lifecycle of a civil lawsuit from the initial client intake up to the point of trial or settlement. It blends the rules of civil procedure with practical, step-by-step litigation skills. [1, 2]
The primary topics and core phases covered in this text include:
Part A: Investigating and Planning the Litigation
  • Introduction to Litigation Planning: Structuring the attorney-client relationship, determining client priorities, outlining claims/defenses, and creating a litigation timetable. [1]
  • Informal Fact Investigation: Gathering evidence, searching records, interviewing witnesses, and leveraging internet research.
  • Legal Investigation: Analyzing subject matter jurisdiction (federal question and diversity), personal jurisdiction, venue, and choice of law. [1]
  • Case Evaluation and Litigation Strategy: Assessing the strengths and weaknesses of a case, computing damages, and evaluating cost-effectiveness.
Part B: Pleadings
  • The Complaint: Drafting statements of claims in plain English, formatting separate counts, and outlining prayers for relief.
  • Filing and Service: Rules for properly serving the summons and complaint.
  • Responses to the Complaint: Drafting answers, affirmative defenses, counterclaims, cross-claims, and third-party complaints. []
Part C: Discovery
  • Discovery Strategy: Designing a comprehensive plan tailored to the scope of the case.
  • Depositions: Preparing witnesses, executing oral depositions, and utilizing deposition transcripts.
  • Written Discovery: Drafting and responding to Interrogatories, Requests for Production, and Requests for Admission.
  • Electronic Discovery (E-Discovery): Modern techniques for managing and retrieving electronically stored information (ESI). [1]
Part D: Motions and Settlement
  • Pretrial Motions: Handling motions to dismiss, motions for summary judgment, and motions to compel discovery.
  • Settlement Strategy: Analyzing negotiation dynamics, structured settlements, and the taxation of settlements.
  • Pretrial Conferences and Orders: Preparing final pretrial statements to transition the case smoothly into the trial phase. [1, 2]

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Topics

and creating a litigation timetable Assessing the strengths and weaknesses of a case Case Evaluation and Litigation Strategy Depositions: Preparing witnesses executing oral depositions determining client priorities Discovery Strategy: Designing a comprehensive plan tailored to the scope of the case. Electronic Discovery (E-Discovery): Modern techniques Filing and Service: Rules for properly serving the summons and complaint. Informal Fact Investigation: Gathering evidence Introduction to Litigation Planning Legal Investigation: Analyzing subject matter jurisdiction (federal question and diversity) Motions and Settlement outlining claims/defenses Pleadings The Complaint: Drafting statements of claims in plain English Responses to the Complaint: Drafting answers Structuring the attorney-client relationship the entire lifecycle of a civil lawsuit Written Discovery: Drafting and responding to Interrogatories
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