Litigation Procedure of a case: federal and state Basic Competencies 1. What are the rules governing procedure in Federal civil courts? -Federal Rules of Civil Procedure In Appellate Court? Federal Rules of Appellate Procedure - In Bankruptcy Court? - Federal Rules of Bankruptcy Procedure - In Criminal Court? - Federal Rules of Criminal Procedure - Federal Sentencing Guidelines In State Courts? Local State Court Rules 2. Dockets - What is a docket - Where do you find a docket for a Federal case?

FEDERAL PROCEDURE: Basic competencies Use the following primary and secondary sources - U.S. Court websites (USCourts.gov) - Law Schools (Cornell.edu) - Wright and Miller (West) - Moore’s Federal Practice (Bender) Understand the progress of a case Locating/reviewing a Docket Pleadings (complaint, briefs, memorandums of law, motions) Decision/order/settlement Know the court rules for your jurisdiction (federal or state) Understand what Fed. Procedure encompasses and differences from State Procedure Understand court structure (where case originates, progression of case on appeal)

Locate Rule 26 of FRCP: Duty to Disclose FEDERAL PROCEDURE: Accessing Practice Readiness/Basic Competencies/Testing What resources are available for locating these Federal Rules: FRCP, Bankruptcy, Appellate, Criminal – use online and print Locate Rule 26 of FRCP: Duty to Disclose What is Rule 13 of Federal Rules of Criminal Procedure? Locate a secondary source that discusses the FRCP from: 1) West 2) Matthew Bender What is Wright and Miller? Locate the Federal Sentencing Guidelines Manual

State Procedure and Court Rules: Basic Competencies Court Rules vary from state to state State court rules usually published on state court websites State court rules outline the scope of civil, criminal and appellate practice in state courts Judges often have their own separate rules for practice in their courts Trial court rules differ from appellate court rules State civil cases originate in trial court and progress through the appellate process to the state supreme court (process can vary from state to state)

Locate the California Rules on Law Practice, Attorneys, and Judges State court rules and procedure: competencies/Accessing Practice Readiness/Testing Locate the California Rules on Law Practice, Attorneys, and Judges Find discussion/analysis of NY state civil procedure using a secondary resource Where does a civil case originate in your state court? What is the highest court of your state? Locate a copy of your state court rules

Docket Research: Basic Competencies Federal Court Litigation: District Courts-Civil/Criminal; Bankruptcy Courts/Appellate Courts State Courts: trial court/appellate court/supreme court (can vary in states) What is a docket: A sheet containing a chronological listing of papers filed in a court Sources for retrieving dockets: PACER (Federal only) Westlaw Court Express/Lexis Courtlink/Bloomberg Law (State/Federal) State court websites (e.g., SCROLL-NY Supreme Court) Locating Dockets: Docket number Party Name Judge Jurisdiction Example of docket number formats: 0:12-cv-61528 (Civil); 2:15-cr-000331 (criminal); 1.05-bk-06784 (bankruptcy); 1504/2011 (New York State) Track Cases using Westlaw Court Express, Courtlink, Bloomberg Law

DOCKETS: Competencies/Accessing Practice Readiness/Testing Locate a federal civil docket by: Docket number Party name Pull civil docket sheets by 1) docket number; 2) party name from: PACER/Westlaw Court Express/Courtlink/Bloomberg Law/State court website Determine presiding judge’s name Determine plaintiff’s counsel; defendant’s counsel Retrieve documents from docket ; what pleadings are available? Retrieve: Complaint Answer Briefs/Memorandums of Law Decision/Order (if available) Locate a Bankruptcy Court docket- Retrieve Voluntary Petition Set up a docket track using Bloomberg Law, Courtlink, Westlaw Court Express