Court and litigation practice guides generally may include everything from how to draft a complaint in your jurisdiction, to how to present an evidentiary objection, to when and how to file a motion for judgment notwithstanding the verdict. These guides can be invaluable, especially for new attorneys and researchers, in showing how very general rules are applied in practice in your jurisdiction, and even in your type of court. You may also find guides specific to certain parts of the litigation process, such as motions for summary judgment, which can be quite useful.
Practice guides that are geared towards federal practice, or just courtroom practice generally, tend to be either a huge, multi-volume work which details every possible issue and sub-issue, or smaller, more generic works (non-jurisdictional) on specific aspects of practice, such as class actions or opening and closing arguments. Keep in mind the different types of resources that are available and what might best fit your needs.
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Tennessee Circuit Court Practice (Pivnick). Extensive and widely-used guide (even frequently cited by Tennessee courts) on Tennessee practice. |
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Tennessee Criminal Trial Practice (Ward). |
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Trial Handbook for Tennessee Lawyers (Burch). |
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Tennessee Practice: Criminal Practice & Procedure (Raybin). A more in-depth look at criminal practice in Tennessee. |
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Tennessee Practice: Summary Judgment and Related Termination Motions. Brief but helpful with citations to relevant authorities as well as practice tips. |
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Tennessee Practice: Motions in Limine (Finley & McGuire). Includes analysis, citation to authorities, and sample motions and oppositions in both civil and criminal cases. |
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Tennessee Civil Procedure (Banks). Includes the text of the rules, analysis and discussion of the rules and relevant case law. |
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Gibson’s Suits in Chancery.[1] Includes both procedural and substantive information on chancery court practice – although it may look old and unhelpful, it is chock full of what anyone with a case in Tennessee chancery court needs to know. |
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[1] This treatise has been cited in over 1,000 Tennessee court opinions – it is probably cited more than any other Tennessee treatise, no matter the subject. If you are involved in a Tennessee chancery court case and do not at least consult this book, you are likely doing your client a disservice.
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The First Trial (Where Do I Sit? What Do I Say?) In a Nutshell |
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Pretrial Litigation in a Nutshell (Dessem[1]). Information on everything from motion practice to discovery. |
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Appellate Practice in Federal and State Courts (Axelrad) in depth guide to appellate work – excellent first stop for a new researcher in the appellate process. |
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Federal Civil Procedure Litigation Guide (Weissenberger). One volume concise guide to federal civil procedure. |
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Federal Litigation Manual (Bender). 4 volume work provides more in-depth material than the Weissenberger work, but is easier to navigate and manage than the two “granddaddies” of civil procedure material listed below. |
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Moore’s Federal Practice – 30+ volumes addressing virtually every aspect of federal jurisdiction, procedure, and practice. |
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Federal Practice & Procedure (Wright & Miller). Usually just called “Wright & Miller”. 40+ volumes on federal jurisdiction, procedure, and practice. |
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Fundamentals of Litigation Practice (Herr, Haydock & Stempel). Brief, more practical guide to pleading, discovery, motion practice, and trial. |
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Trial Practice Checklists – provides checklists and information not just for trial, but also for pleading, discovery, motion practice, and post-trial practice. Also has chapters on specific types of cases, such as medical malpractice and breach of contract. |
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American Jurisprudence Proof of Facts – encyclopedic set with checklists and information to prepare to prove very specifc and elements of claims. For example: “Proof of Facts to Establish Reasonable Efforts Were Made to Maintain Secrecy Under Uniform Trade Secrets Act.” |
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American Jurisprudence Trials – another encyclopedic set, but geared towards a specific trial or claim rather than an element of a claim. Example: “Litigation by Unpaid Interns Under Fair Labor Standards Act.” |
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Causes of Action – also geared towards specifc trials or complaints. Includes analytical material as well as checklists, sample forms and documents, discovery, witnesses, etc. Example: “Medical Malpractice Following Steroid Injections.” |
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[1] Written by a former UT Law professor.