2011 California Conference on Self Represented Litigants Finding
- Slides: 58
2011 California Conference on Self. Represented Litigants Finding Forms – What Free Resources are Available at the Law Library June 9, 2011
Types of Form Books • Transactional: 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.
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 Lexis. Nexis, Westlaw, CEB On. Law and EBSCO database, Legal Information Reference Center
Finding Form Books • Law Library Catalogs • Your Public Law Library – Council of California County Law Librarians http: //www. publiclawlibrary. org/ • Key California Publishers Lexis/Matthew Bender; California Continuing Education of the BAR (CEB); Thomson West (Rutter Group, Bancroft Whitney); Nolo
How do I Find Form Books at the LA Law Library? Add the word “forms” to your keyword search in the Library’s catalog: http: //www. lalawlibrary. org/ 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
LA Law Library’s Catalog
LA Law Library’s Catalog
LA Law Library’s Catalog
LA Law Library’s Catalog
General Form Books Not specific to California • Bender’s Forms of Discovery (Main KF 8900. A 3 B 46 1963) (also available on Lexis. Nexis) • American Jurisprudence Pleading and Practice Forms Annotated (Main KF 8836. A 45) • American Jurisprudence Legal Forms (Main KF 170. A 542) • West’s Legal Forms (Main KF 170. W 47) 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).
Popular California Form Books and Practice Guides • Lexis. Nexis 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
California Form Books: Pleading/Practice • California Forms of Pleading and Practice Annotated (RR KFC 1010. A 65 C 3; also available on Lexis. Nexis) -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
California Form Books: Pleading/Practice • California Points and Authorities (RR KFC 1010. C 34; also available on Lexis. Nexis) -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
California Form Books: Transactional California Legal Forms Transaction Guide (RRKFC 68. C 32 c. 3; also available on Lexis. Nexis) -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
California Subject Specific Form Books −Civil Procedure Before Trial Forms (Rutter) (RR KFC 1020. C 32 2004, also available on Westlaw) −California Civil Litigation Forms Manual (CEB) (RR KFC 1020. A 65 C 34, also available on CEB On. Law) −West’s California Code Forms: Civil Procedure (RR KFC 995. A 65 O 35 2006, also available on Westlaw)
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 On. Law) −Bancroft-Whitney’s California Civil Practice series (also available on Westlaw)
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
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 On. Law
Self-Help Form Books − Litigation by the Numbers (Lawdable Press) (SHC KFC 995. A 65 G 67 2003) Popular California Nolo titles (also available on EBSCO, Legal Information Reference Center) − Win Your Lawsuit (SHC KFC 968. W 56) − How to do your Own Divorce in California (SHC KFC 126. H 69 ) − California Tenants’ Rights (SHC KFC 145. C 37) − 101 Law Forms for Personal Use (SHC KF 170. O 54)
Form Books Online Library databases - Lexis. Nexis - Westlaw - CEB On. Law - EBSCO, Legal Information Reference Center (Nolo)
Lexis. Nexis
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
Lexis. Nexis
Lexis. Nexis
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
Lexis. Nexis
Lexis. Nexis
Westlaw
Westlaw
Westlaw
Westlaw
Westlaw
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
Westlaw
Westlaw
Westlaw
Westlaw
CEB On. Law
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 7 A Attacking the Pleadings
CEB On. Law
CEB On. Law
CEB On. Law
CEB On. Law
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
CEB On. Law
CEB On. Law
Nolo
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
Nolo
Nolo
Nolo
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
Nolo
Drafting a Pleading • For state courts, must be created per California Rules of Court 2. 100 – 2. 119 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
Start Pleading Wizard
Sample: First-Page Format of Pleading Template
Your Partner in Legal Research Since 1891
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