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2011 California Conference on Self-Represented Litigants

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Presentation on theme: "2011 California Conference on Self-Represented Litigants"— Presentation transcript:

1 2011 California Conference on Self-Represented Litigants
Finding Forms – What Free Resources are Available at the Law Library June 9, 2011

2 Types of Form Books Transactional: Pleading and Practice:
Generally of a business or transactional nature. Include forms for contracts, wills, trusts, quit claim deed, leases, etc. Pleading and Practice: Used when filing papers in most court proceedings. Include form language for complaints, answers, motions, etc.

3 Form Books Contain both sample forms and explanations about how to use the forms Can be categorized: - General - Jurisdictional (e.g., state-specific, federal) - Subject-specific Available on LexisNexis, Westlaw, CEB OnLaw and EBSCO database, Legal Information Reference Center

4 Finding Form Books Law Library Catalogs
Your Public Law Library – Council of California County Law Librarians Key California Publishers Lexis/Matthew Bender; California Continuing Education of the BAR (CEB); Thomson West (Rutter Group, Bancroft Whitney); Nolo

5 How do I Find Form Books at the LA Law Library?
Add the word “forms” to your keyword search in the Library’s catalog: Combine multiple keywords: - California - Federal - Forms - Drafting Subject area of law (e.g., “civil procedure” or bankruptcy) Example: A keyword search including the following terms: California probate trust forms

6 LA Law Library’s Catalog

7 LA Law Library’s Catalog

8 LA Law Library’s Catalog

9 LA Law Library’s Catalog

10 General Form Books Not specific to California
Bender’s Forms of Discovery (Main KF8900.A3 B ) (also available on LexisNexis) American Jurisprudence Pleading and Practice Forms Annotated (Main KF8836.A45) American Jurisprudence Legal Forms (Main KF170.A542) West’s Legal Forms (Main KF170.W47) Tip: When looking for an appropriate form or procedure that goes with it, it is best to start with the publication that is specific to your jurisdiction (e.g., state, federal).

11 Popular California Form Books and Practice Guides
LexisNexis Matthew Bender - California Forms of Pleading and Practice - California Points and Authorities - California Legal Forms: Transaction Guide Rutter Group California Practice Guide Series California Continuing Education of the Bar (CEB) Practice Guides Bancroft-Whitney California Transaction Forms and California Civil Practice series

12 California Form Books: Pleading/Practice
California Forms of Pleading and Practice Annotated (RR KFC1010 .A65 C3; also available on LexisNexis) Title emphasizes forms but so much more Encyclopedic coverage Litigation-oriented Obscure topics 55 loose-leaf volumes organized by topic (alphabetically on spine) 2 volume index at end of set

13 California Form Books: Pleading/Practice
California Points and Authorities (RR KFC1010 .C34; also available on LexisNexis) Citations to legal authorities for drafting memorandums of points and authorities Litigation-oriented 24 loose-leaf volumes organized by topic (alphabetically on spine) 1 volume index at end of set

14 California Form Books: Transactional
California Legal Forms Transaction Guide (RRKFC68 .C32 c.3; also available on LexisNexis) 36 loose-leaf volumes, organized by non-litigation practice areas Business and nonprofit organizations Real estate transactions Commercial transactions Wills & trusts Contracts Chapters take transactional approach

15 California Subject Specific Form Books
Civil Procedure Before Trial Forms (Rutter) (RR KFC1020 .C , also available on Westlaw) California Civil Litigation Forms Manual (CEB) (RR KFC1020 .A65 C34, also available on CEB OnLaw) West’s California Code Forms: Civil Procedure (RR KFC995.A65 O , also available on Westlaw)

16 California Practice Guides
Tip: Sample forms are also included in practice guides, often in an Appendix, at the end of a chapter or in a separate companion compact disk. Rutter California Practice Guides (also available on Westlaw) CEB (California Continuing Education of the Bar) publications (also available on CEB OnLaw) Bancroft-Whitney’s California Civil Practice series (also available on Westlaw)

17 Rutter Guides California State and California Federal Courts
Sets of 1 to 4 loose-leaf volumes Cover broad subject areas Commonly referred to by author or by color of set Civil Procedure Before Trial – Gray Federal Civil Procedure Before Trial – Red Family Law – Brown Landlord-Tenant – Purple Also available on Westlaw

18 CEB Practice Guides California State Courts
Sets of 1 to 3 loose-leaf volumes More specific than Rutter Guides California Eviction Defense Manual (CEB) vs. California Practice Guide: Landlord-Tenant (Rutter) Also available on CEB OnLaw

19 Self-Help Form Books Self-Help Form Books
− Litigation by the Numbers (Lawdable Press) (SHC KFC995.A65 G ) Popular California Nolo titles (also available on EBSCO, Legal Information Reference Center) − Win Your Lawsuit (SHC KFC968 .W56) − How to do your Own Divorce in California (SHC KFC126 .H69 ) − California Tenants’ Rights (SHC KFC145 .C37) − 101 Law Forms for Personal Use (SHC KF170 .O54)

20 Form Books Online Library databases - LexisNexis - Westlaw - CEB OnLaw
- EBSCO, Legal Information Reference Center (Nolo)

21 LexisNexis

22 Sample Questions I had a default judgment entered against me. Can I get it removed? Is there a form? California Forms of Pleading and Practice Annotated (Lexis/Matthew Bender), Volume 43 Chapter 489 Relief From Judgments and Orders California Points & Authorities (Lexis/Matthew Bender), Volume 7, Chapter 70 Defaults California Practice Guide. Civil Procedure Before Trial Forms (Rutter), Chapter 5. Defaults

23 LexisNexis

24 LexisNexis

25 Sample Questions Where can I find the form for a Power of Attorney?
California Legal Transaction Guide (Lexis/Matthew Bender), Division VII Personal Transactions, Chapter 98 Powers of Attorney California Transactions Forms – Estate Planning (Westlaw) Chapter 8 Durable Powers of Attorney

26 LexisNexis

27 LexisNexis

28 Westlaw

29 Westlaw

30 Westlaw

31 Westlaw

32 Westlaw

33 Sample Questions Where can I find the form for a petition for a writ of mandate? California Practice Guide. Civil Appeals and Writs (Rutter), Chapter 15. Writs California Forms of Pleading and Practice Annotated (Lexis/Matthew Bender), Volume 31 Chapter 358 Mandate and Prohibition California Civil Writs Practice (CEB), Chapter 28 Court of Appeal and Supreme Court Forms

34 Westlaw

35 Westlaw

36 Westlaw

37 Westlaw

38 CEB OnLaw

39 Sample Questions Where can I find the form for a demurrer?
California Civil Procedure Before Trial (CEB) Chapter 23 Demurrers California Practice Guide: Civil Procedure Before Trial Forms (Rutter) Chapter 7A Attacking the Pleadings

40 CEB OnLaw

41 CEB OnLaw

42 CEB OnLaw

43 CEB OnLaw

44 Sample Questions I need to request a continuance. Where can I find the form? California Forms of Pleading and Practice Annotated (Lexis/Matthew Bender), Volume 13 Chapter 126 Continuances California Civil Procedure Before Trial (CEB), Chapter 42 Trial Preferences and Continuance Motions

45 CEB OnLaw

46 CEB OnLaw

47

48 Nolo

49 Sample Questions Where can I find the form to sue someone in California State Court? Win Your Lawsuit (Nolo) Litigation by the Numbers (Lawdable Press) California Forms of Pleading and Practice Annotated (Lexis/Matthew Bender), Volume 12, Chapter 123 Complaints and Cross Complaints; Volume 45, Chapter 518 Service of Summons and Other Papers; Volume 37, Chapter 425 Pretrial Proceedings

50 Nolo

51 Nolo

52 Nolo

53 Sample Questions I am being sued by a credit card company. What form do I use to respond? Win Your Lawsuit (Nolo) Litigation by the Numbers (Lawdable Press) California Forms of Pleading and Practice Annotated (Lexis/Matthew Bender), Volume 3, Chapter 26 Answers

54 Nolo

55 Drafting a Pleading For state courts, must be created per California Rules of Court – in legal format on pleading paper Format of a California complaint in California Forms of Pleading and Practice, ch. 123 – Complaints To create pleading, use Microsoft Word (versions 2003 and earlier) Pleading Wizard

56 Start Pleading Wizard

57 Sample: First-Page Format of Pleading Template

58 Your Partner in Legal Research Since 1891


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