Synopsis
This book is a no nonsense guide for those who seek to understand the nuts and bolts of state and federal civil litigation. It discusses the mechanics of civil litigation from the initial construction of the lawsuit to trial, including pre-trial discovery, motion practice and the stages of a trial. The book also includes important terms and definitions critical to understanding litigation.The Chapters Cover The Following Topics:1. SUBSTANTIVE LAW/PROCEDURAL LAW 2. THE LAWSUIT CHECKLIST 3. THE TEXAS STATE COURTS 4. REMEDIES 5. ACTIONS AND PARTIES 6. PLEADINGS 7. SOME GENERAL RULES PERTAINING TO PLEADINGS 8. PLAINTIFF S ORIGINAL PETITION BY THE NUMBERS 9. FORM PLAINTIFF S ORIGINAL PETITION 10. FILING SUIT, SERVICE OF PROCESS AND ANSWER 11. DEFENDANT S ANSWER TO PETITION BY THE NUMBERS 12. FORM DEFENDANT S ORIGINAL ANSWER 13. DEFENDANT S CHALLENGES TO PLAINTIFF S PETITION 14. PRE-TRIAL DISCOVERY INTRODUCTION 15. TYPES OF PRE-TRIAL DISCOVERY 16. AGREEMENTS BETWEEN COUNSEL 17. FORM RULE 11 AGREEMENT 18. REQUEST FOR ADMISSIONS 19. FORM REQUEST FOR ADMISSIONS 20. REQUESTS FOR DISCLOSURE 21. FORM REQUESTS FOR DISCLOSURE 22. INTERROGATORIES 23. FORM INTERROGATORIES 24. REQUESTS FOR PRODUCTION AND INSPECTION 25. FORM REQUESTS FOR PRODUCTION AND INSPECTION 26. ASSERTING OBJECTIONS AND PRIVILEGES 27. EXPERT WITNESSES 28. DEPOSITIONS 29. FORM DEPOSITION UPON ORAL EXAMINATION NOTICE 30. FORM DEPOSITION UPON WRITTEN QUESTIONS NOTICE 31. BUSINESS RECORDS 32. FORM BUSINESS RECORDS DECLARATION AND AFFIDAVIT 33. FORM BUSINESS RECORDS/MEDICAL BILL AFFIDAVIT 34. MOTIONS 35. FORM MOTION 36. DISPOSING OF A CASE WITHOUT TRIAL 37. OTHER PRE-TRIAL MATTERS 38. THE PARALEGAL AND THE TRIAL 39. THE STAGES OF A CIVIL TRIAL 40. TRIAL TERMINOLOGY 41. FEDERAL COURTS AND JURISDICTION 42. FEDERAL PROCEDURE DIFFERENCES IN TERMINOLOGY AND PRACTICE 43. FORM FEDERAL COMPLAINT 44. FORM FEDERAL ANSWER 45. FEDERAL PRE-TRIAL DISCOVERY 46. FORM INITIAL DISCLOSURES RULE 26, FRCP 47. INNOVATIONS STATE AND FEDERAL
About the Author
Thomas B. Swanson received paralegal, law enforcement, counter-terrorism and investigative training in the United States Air Force. During his initial period of training, he served as a military court bailiff and worked in military court administration. From 1973 to 1976, he was the investigator for the United States Foreign Claims Commission based in Taipei, Taiwan. While serving overseas, he investigated matters ranging from motor vehicle accidents to complex fraud and murder. In 1976, he received the Air Force Commendation Medal for outstanding service. After receiving his B.A. from the University of Florida in 1978, Swanson migrated to Houston, Texas to attend law school. While in law school, he resumed conducting both criminal and civil investigations for local law firms. Swanson graduated from the South Texas College of Law and became a licensed Texas attorney in May, 1981. In 1986, he founded his own law firm. In 1988, Swanson began educating and training paralegals, which included a course in investigations. For several years during the 1980’s, Swanson served as a member and vice-chairman of the Houston area Committee On Admissions, which investigated certain applicants seeking admission to the Texas bar. As of the date of this book, Swanson has been a Texas trial lawyer for over thirty-five years. He has tried numerous civil cases in both the federal courts and the Texas state courts. In addition, he has also tried cases in the criminal courts in Texas. For almost thirty years, Swanson has served as an instructor of paralegals in a variety of subjects, including general civil and family law litigation. He has been an invited speaker on litigation related matters to numerous groups, including a variety of professional organizations. Authors Message To Readers:
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