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2011 California Conference on Self-Represented Litigants

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:

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2011 California Conference on Self-Represented Litigants

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  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: • 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 http://www.publiclawlibrary.org/ • Key California PublishersLexis/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: 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

  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 B46 1963) (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 .C32 2004, 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 O35 2006, 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 G67 2003) 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. Nolo

  48. 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

  49. Nolo

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