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| Preface | |
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| Acknowledgments | |
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| About the Authors | |
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| Introduction to Civil Litigation | |
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| Litigation and the Paralegal | |
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| What Civil Litigation Is | |
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| Different Types of Civil Lawsuits | |
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| Alternatives and Limitations to Litigation | |
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| Procedural versus Substantive Law | |
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| Sources of the Law | |
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| The Role of the Litigation Paralegal | |
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| Skills Required of the Litigation Paralegal | |
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| Practical Tips for Success in the Law Firm | |
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| The Courts and Jurisdiction | |
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| The Courts and Litigation | |
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| Federal Court System | |
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| State Court Systems | |
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| Jurisdiction | |
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| Venue | |
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| Initiating Litigation | |
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| Preliminary Considerations | |
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| Determining the Existence of a Cause of Action | |
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| Time Limitations | |
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| Feasibility of the Lawsuit | |
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| Turning Down a Case | |
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| Ethical Considerations in Accepting a Case | |
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| Ethical Considerations after Accepting a Case | |
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| Investigation and Evidence | |
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| The Client Interview | |
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| Locating Fact Witnesses or Elusive Defendants | |
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| Techniques for Interviewing Fact Witnesses | |
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| Evidence | |
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| Methods for Locating and Preserving Evidence | |
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| Expert Witnesses | |
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| The Initial Pleadings | |
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| Initial Pleadings | |
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| Parties to the Lawsuit | |
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| Jurisdiction and Venue | |
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| The Claim or Cause of Action | |
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| Demand for Relief | |
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| Drafting the Complaint | |
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| Filing the Complaint | |
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| The Summons | |
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| Service of the Complaint | |
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| Amending the Complaint | |
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| Responses to the Initial Pleading | |
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| Responding to the Initial Pleading | |
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| Types of Answers | |
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| Drafting the Answer | |
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| Counterclaims, Cross-Claims, and Third-Party Complaints | |
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| Legal Challenges to the Complaint | |
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| Failure to Answer | |
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| Motion Practice | |
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| Motions Generally | |
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| Preparing, Serving, and Responding | |
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| Court Procedures Involving Motions | |
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| Specific Motions | |
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| Preliminary Injunctions and Temporary Restraining Orders | |
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| Discovery | |
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| Overview of the Discovery Process | |
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| The Nature of Discovery | |
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| The Extent of Allowable Discovery | |
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| Duty of Mutual Disclosure under Rule 26 | |
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| Cooperating with Discovery | |
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| Depositions | |
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| The Deposition | |
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| The Nature of the Oral Deposition | |
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| E-Discovery and Oral Depositions | |
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| The Paralegal's Role before the Oral Deposition | |
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| The Paralegal's Role during the Oral Deposition | |
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| The Paralegal's Role after the Oral Deposition | |
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| The Deposition upon Written Questions | |
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| Interrogatories | |
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| Interrogatories | |
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| Drafting Interrogatories | |
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| Drafting Answers to Interrogatories | |
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| Physical and Mental Examinations | |
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| The Physical or Mental Examination | |
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| Filing a Motion for Compulsory Examination | |
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| Requirements for Granting the Motion for Compulsory Examination | |
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| Granting a Motion for Compulsory Examination | |
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| The Paralegal's Role in Physical and Mental Examinations | |
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| Request for Documents | |
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| The Request for Documents | |
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| E-Discovery and Document Requests | |
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| Protection of Documents | |
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| Requesting the Production of Documents | |
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| Responding to a Request for Documents | |
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| Organizing and Indexing the Documents after Production | |
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| Inspection of Property | |
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| E-Evidence and On-Site Inspections | |
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| Request for Admissions | |
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| The Request for Admissions | |
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| Drafting the Request for Admissions | |
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| Responding to the Request for Admissions | |
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| Pretrial, Trial, and Posttrial | |
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| Settlements, Dismissals, and Alternative Dispute Resolution | |
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| The Settlement | |
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| Settlement Offers | |
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| Settlement Agreements and Releases | |
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| Dismissals, Consent Decrees, and Distribution of Funds | |
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| Alternative Dispute Resolution | |
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| Trial Techniques | |
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| Preliminary Preparation for Trial | |
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| Preparation of Witnesses | |
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| Preparation of Exhibits and Briefs | |
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| Coordinating Trial Logistics | |
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| Preliminary Steps in the Trial Process | |
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| The Jury Process | |
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| The Trial | |
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| The Paralegal's Role at Trial | |
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| Posttrial Practice | |
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| Posttrial Motions | |
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| The Preliminary Steps in the Appeal | |
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| The Appellate Brief | |
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| Coordinating the Oral Argument | |
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| Final Procedures | |
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| Sample Deposition | |
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| Bennett Research File | |
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| Glossary | |
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| Index | |