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Finding Your Way around the Courthouse

Finding Your Way around the Courthouse. Federal & State Courts Go Digital. Court Records Online PACER - P ublic A ccess to C ourt E lectronic R ecords Case Management: CM/ECF State Courts Access & Filing. Court Records Online: Basic Principles. E-record is official

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Finding Your Way around the Courthouse

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  1. Finding Your Way around the Courthouse

  2. Federal & State Courts Go Digital Court Records Online PACER- Public Access to Court Electronic Records Case Management: CM/ECF State Courts Access & Filing

  3. Court Records Online: Basic Principles • E-record is official • Paper is a format, not the “original” • Paper is expensive • E-documents preferable to paper • No preparation or scanning • Cost savings • Judicial process remains unchanged.

  4. Accessing Court Records • PACER • Remote 24-hour access; concurrent access by multiple parties. • Download directly from court • Automatic email notice of case activity • Records include - • How would you use this information? • Privacy concerns?

  5. Filing Court Records • Case Management: CM/ECF • Registration required; use restricted • Remote 24-hour access; concurrent access by multiple parties. • Automatic email notice of case activity • Parties responsible for content – privacy concerns

  6. Why Research Court Records? • Only 3.2% of federal civil cases and 11% of federal criminal cases make it to trial completion • Only 15% of federal district court decisions are reported • Only 50-70% of federal appellate court decisions are reported (varies by circuit) • 30-50% of federal and state appellate court decisions are unreported

  7. Docket Sheets v. Documents • Docket = chronological table of contents to a court file • Many courts post docket sheets • Fewer courts post documents

  8. Docket Sheets Can Provide: • Information about clients & potential clients • Is the client litigious? • Has the client filed for bankruptcy? Filed a legal malpractice action? Been involved in fraud? • Been sued for attorney’s fees? • Information about potential hires • Routine background checks • Bankruptcy • Debt • Fraud • Conflicts between firm and prospective hire’s existing clients

  9. Dockets for Current Awareness • Has my client been sued, but not served? • Who else has sued the party my client wants to sue? • Who is suing whom? • Hot topics in litigation

  10. Documents Can Provide: • Sample pleadings • Background information on types of cases heard by particular judges • Types of cases opposing counsel usually handle • How judge typically rules on motion for summary judgment. • Access may be restricted to protect parties

  11. Accessing Court Records - PACER.

  12. PACER password is available for Duke law students. Ask at Reference desk.

  13. A Nature of Suit search lets you retrieve other cases with same assigned topic. Here – airplane litigation suits.

  14. How courts address privacy concerns.

  15. Other Ways to Access Court Records • Justia - PACER front end & more • Courtlink - a component of “Total Litigator” from Lexis • Westlaw’sCourtExpress • Legal Dockets Online • LLRX database linking to court rules • Some services include state court records.

  16. Justia: no charge to search federal district court dockets. Subscribe to an RSS feed of all new cases by “Nature of Suit” - topic. Conduct a search and subscribe to an RSS feed of the search results. Link to PACER and news about case.

  17. Link here.

  18. Courtlink is not available with law school licenses.

  19. File & Service is not available with law school licenses.

  20. Discovery: An Early Step in Litigation • Massive quantity of information in variety of formats • E-documents, voice mail, email, IM • Legacy systems • Unresolved questions • Litigation holds & preservation of materials • Spoliation and adverse inference instructions • Cost sharing • Changing expectations for “Meet & Confer” • Impatient judges; confused lawyers • More rule changes coming.

  21. Discovery on Lexis - Total Litigator

  22. Court documents on Westlaw – compare with PACER. Not all docs are on Westlaw.

  23. Not available with law school licenses.

  24. Westlaw’s answer to Lexis Total Litigator

  25. Court Rules – a fair & smooth operation • Basic rules for litigation • Federal Rules of Civil Procedure – FRCP • Federal Rules of Criminal Procedure • Federal Rules of Evidence • Rules are in USCA, USCS, court websites… • State court rules – usually part of annotated code – less jurisdictional variation • Rules for particular courts – ex. S.CT • Provide uniformity, but w/ local rule variations

  26. Do Court Rules Matter? • Rules of the game • Courts interpret rules – • Case annotations are crucial • USCA and USCS rules volumes or online • Federal Rules Decisions • Shepards & KeyCite to update • Secondary sources • For commentary & more • Moore’s Federal Practice, 2d • Federal Practice and Procedure

  27. Go here to reach the website

  28. Final Thoughts • The Clerk of Court can be your friend • Read court rules & local variations • Learn about opposing counsel & judge • Pay attention to litigation process –discovery rules, forms, etc.

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