Civil Procedure

 ***THIS is an ARCHIVED guide. It may contain BROKEN links. Its value is HISTORICAL only.***

Current Research Guides 

Spring 2001 

By Mark Kloempken, Law Librarian and Lecturer in Law, Washington University School of Law

Introduction 

In general, "the rules of substantive law define the rights and duties of persons." James Fleming & Geoffrey C. Hazard, Jr., Civil Procedure 2 (3rd ed. 1985). Procedural rules govern how those rights and duties are adjudicated. Procedural law is created by the legislature and by the judiciary, either by rules promulgated by a court or through cases which interpret those rules. Its purpose is to aid courts in the uniform, orderly and expeditious hearing of a case.

This Research Guide is designed to introduce you to library resources that will allow you to identify and locate materials regarding procedure. There are a variety of sources available including treatises and periodical articles, each of which can be approached through a number of 'indexes.' In order to utilize the various indexes to your greatest advantage, you should first identify those terms that you can use to conduct an efficient search and that will yield materials that are relevant. A second difficulty when researching a subject is locating those materials that you have previously identified as being relevant.

Searching Technique 

The two most common methods of using an index are to search either by key word or by subject. The advantage to key word searching is that you may begin with the information that you have. For example, if you were looking for material on federal motions, you can search the Washington University Law Catalog using the key words ‘motions’ and ‘federal,’ which yields three items on the subject.

There is a disadvantage to key word searching, that being that unless the appropriate key words are used, you may easily miss material that is on point. Titles may be vague or abstract and not adequately convey the subject covered in the article. It is always a good idea to look at the complete record to see what subject headings have been assigned. The advantage to subject headings is their structure, in other words, all the items which are embraced by the subject will be retrieved, irrespective of the words used. In the example above, the appropriate subject heading is 'Motions Law.' If you search the catalog under that subject heading, you will retrieve 14 entries, listed under 4 subheadings.

You searched for the SUBJECT: motions law

4 SUBJECTS found, with 14 entries; SUBJECTS 1-4 are:

1 Motions Law Massachusetts ............................. 1 entry

2 Motions Law Pennsylvania .............................. 1 entry

3 Motions Law United States ............................. 11 entries

4 Motions Law United States Handbooks Manuals Etc ....... 1 entry

If you enter 3 for ‘Motions Law United States,’ you will find 11 entries displayed. Among them is, Motions in Federal Court. 2nd ed. Colorado Springs, CO: Shepard’s/McGraw-Hill. 3v. 1991. [KF8875 .M68 1991].

Civil Procedure United States 

Under the subject heading, ‘Civil Procedure’, there are ‘151 SUBJECTS found, with 1101 entries’. In other words, the subject ‘Civil Procedure’ is further broken down into subheadings that allow refining your search. As you scroll through the heading ‘Civil Procedure’ you will find that there are 40 listings under the heading ‘Civil Procedure Missouri’ and 4 entries under the heading ‘Civil Procedure Missouri Forms’ as well as 386 entries under the heading ‘Civil Procedure United States’. Among the listed entries you will find several hornbooks as well as encyclopedias.

The following hornbooks and nutshell are available at the Circulation Desk.

Friedenthal, Jack H., Mary Kay Kane and Arthur R. Miller. Civil Procedure. 3rd ed.

St. Paul, MN: West Group. 1999. Pp. xxi, 896 [Reserve KF8840 .F72 1999]

James, Fleming and Geoffrey C. Hazard, Jr. Civil procedure. 3rd ed. Boston, MA: Little, Brown. 1985. Pp. xxiii, 710 [Reserve KF8840 .J3 1985]

Kane, Mary Kay. Civil procedure in a nutshell. 4th ed. St. Paul, MN: West Pub. Co., 1996. Pp. xxxiii, 303. [Reserve KF8841 .K36 1996]

There are four encyclopedias devoted to the subject of civil procedure. While they are all explicitly federal they are also important for researching state rules of civil procedure because so many states have their rules of civil procedure modeled after the Federal Rules of Civil Procedure.

Moore, James William. Moore's federal practice. 3rd ed. New York, NY: Matthew Bender. 1997. (Loose-leaf) [Reserve. KF8820.A313 M63]

Moore, James William, Allan D. Vestal, and Philip B. Kurland. Moores manual, Federal practice and procedure. NY: M. Bender. 1978. (Loose-leaf) [Reserve. KF8820.A313 M643]

Federal procedure : a problem-solving textual analysis of federal judicial and administrative procedure Lawyers ed. Rochester, NY: Lawyers Co-operative Pub. Co. 1981. [KF8835 .F4]

Wright, Charles Alan. Federal practice and procedure. 2nd ed. St. Paul, MN: West Pub. Co. 1982. [Reserve. KF9619 .W72]

Civil Procedure United States Forms 

American jurisprudence pleading and practice forms annotated. San Francisco, CA: Rochester, NY: Lawyers Co-operative Pub. Co., 1966. [Reading Room KF8836 .A46]

Federal procedural forms, lawyers edition. Rochester, NY: Lawyers Co-operative Pub. Co., 1975. [Ref. KF8836 .F4]

Frumer, Louis R. and Marvin Waxner. Bender's Federal practice forms. New York, NY: M. Bender. 1951. (Loose-leaf) [Ref. KF8836 .B43]

Hollins, Royanne R. Federal local court forms. Deerfield, IL: Callaghan. 1986. [KF8836 .H58 1986]

Moore, James William. Moores manual, Federal practice forms. NY: M. Bender. 1979. (Loose-leaf) [Ref. KF8820.A313 M642]

West's Federal forms. St. Paul, MN: West Pub. Co., 1952- [Res. KF8836 .W4]

Civil Procedure – Missouri 

Coffey, Mary. Missouri Practice. Civil Rules Practice. 2d ed. St. Paul, MN: West Pub. Co., 1997. 5 v. [Res. KFM 7880.M5 1997]

Devine, James R., Missouri civil pleading and practice. Norcross, GA: Harrison, 1986. [KFM8335 .D48]

Missouri civil actions. 2nd ed. Jefferson City, MO: Missouri Bar. 1993. 2 v. (Loose-leaf) [Res. KFM8333 .M57 1993]

Missouri civil procedure. Jefferson City, MO: Missouri Bar. 1995. 2v. (Loose-leaf) [Res. KFM8330 .M58 1995]

Missouri civil trial practice. Jefferson City, MO: Missouri Bar. 1988. 2v. (Loose-leaf) [Res. KFM8338 .M55 1988]

Missouri. Supreme Court. Vernon's annotated Missouri rules: Supreme Court rules 1 to 102. Kansas City, MO: Vernon Law Book Co., 1960. [Reading Room; State Statutes]

Civil Procedure Missouri Forms 

Dvorak, Thomas and James D. Burlison. Missouri Practice. Procedural Forms. St. Paul, MN: West Publishing Co., 1995. 4 v. [Res. KFM 7880 .M5 1995]

Berman, Jeffrey B. Missouri civil procedure form book : for use with Missouri Rules of Court with amendments received to and including June 1, 1991. Kansas City, MO: Continuing Legal Education, University of Missouri-Kansas City, School of Law. 1991. [KFM8330.A65 B47 1991]

Mooney, Margaret M. Missouri civil procedure forms: practice. Rockville, MD: Aspen Publishers. 1988- [Res. KFM8330.A65 M66]

Electronic Sources 

Forms are generally available from books in the Law Library. In addition, some companies publish legal forms for sale to the public. In Missouri, these forms can be purchased at: Legal Supply & Index, 209 N 4th St., St. Louis, MO, (314) 421-1038 (http://www.legalsupply.com/). They are also increasingly available through the web. While you can run a search for a site or for a particular form, using one of the search engine such as Metacrawler (www.metacrawler.com) or Google (www.google.com), there are a number of sites which provide copies of forms or links to sites where forms are available.

Findlaw 

Findlaw (http://forms.lp.findlaw.com/) provides links to many Web-based forms collections. Links are provided to Federal Forms, arranged by circuit and State Forms, arranged by state. In addition, you may search by keyword.

LLRX 

LRRX (http://www.llrx.com/courtrules/) is a site that contains links to over 700 sources for state and federal court forms as well as dockets and court rules. You may search by keyword or browse by jurisdiction type or state.

LexisONE 

LexisONE (http://www.lexisONE.com/store/catalog?action=main) provides access to approximately 6000 forms as well as forms published by Matthew Bender. You may search by keyword (form numbers would also be a keyword) or by jurisdiction. You may also browse forms by jurisdiction or topic, that is, see all of the forms available from a particular jurisdiction.

Electric Law Library 

The Lectric Law Library (http://www.lectlaw.com/form.html) contains another large collection of forms. The forms are posted in its "Form Room". The forms are divided into ‘Business and General’ and ‘Legal Practice’. The ‘Legal Practice’ forms contain forms such as fee agreements, client letters as well as ‘Litigation Form’, such as complaints, motions, stipulations and orders.

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