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LEGAL RESEARCH METHODS
PRACTICE MATERIALS – LITIGATION
Prepared by Kelly Kunsch, February 2008
The following collection of resources is not intended to be exhaustive, but rather
illustrative. It contains references to what the author believes will be helpful aids to a
practicing litigator.
Procedure generally: Court Rules (Washington Court Rules and Federal Rules). Note
also, there are Local Rules (for federal, county, and other courts of limited jurisdiction).
Washington: http://www.courts.wa.gov/court_rules/index.cfm
Federal Local: http://www.uscourts.gov/rules/distr-localrules.html
King County Local: http://www.metrokc.gov/judicial/local%20rules%202006/effect.htm
Courthouse Guides
Washington Lawyers Practice Manual (Vol. 1, Ch. IV) has guides to King, Spokane,
Clark and Snohomish Counties. It covers items such as case filing procedure, obtaining a
court reporter, setting cases for trial, and procedure in ex parte (in King, 70% of orders
and judgments come from ex parte and probate). Definition: An ex parte action is a
judicial action on the behalf of one party, without notice to or contestation by any person
adversely interested.
Summons (Civil Rule 4):
The form for a summons is fully set forth in the rule itself
Complaints (Pleadings) (Pleadings and Motions – Civil Rules 7-16)
Washington Practice: Civil Procedure Forms and Commentary (Volume 9)
May not have a complaint for the particular cause of action but does have jurisdictionspecific complaints for a variety of subjects. Also, Elements of an Action (Volume 29)
Causes of Action
Action Guide (overview), Index, References, Substantive Law Overview (establishing the
prima facie case with cites to authority—decisions; defenses to the cause of action),
Practice and Procedure (jurisdiction, statute of limitations, proof [checklists and sample
testimony], damages elements checklist), Model Discovery (including interrogatories),
Sample Case (actual appellate decision on the topic), Sample Pleading (complaint). All
may not be in every article.
Westlaw (COA)
AmJur Pleading and Practice: Includes many complaints under the topic “Pleading” but
contains complaints under particular topics as well. Also has forms for motions and other
documents used in litigation.
Westlaw (AMJUR-PP)
AmJur Trials: Articles focused on trial practice. Can be similar to Proof of Facts in
articles based on particular cause of action. Also has articles like “Body Language for
Trial Lawyers: Persuasive Gestures, Postures, and Foot Movement in the Courtroom.”
More common type articles include: factual/design analysis, theories of the case,
pleadings, discovery, experts, anticipating defenses, and jury instructions.
Westlaw (AMJUR-TRIALS)
Discovery: Interrogatories (Civil Rule 33)
Bender’s Forms of Discovery: More than 25 volumes of interrogatories (Rule 33),
arranged alphabetically by subject matter. Also accessible by index. Interrogatories,
recall, are written discovery requests as opposed to the oral depositions.
Entry has scope note (with cross-references to other topics that may be useful), contents,
sometimes an introductory comment, and then the interrogatories.
Lexis: MATBEN;BFDISC
AmJur Proof of Facts: Aimed at party with the burden of proof. Authored by practicing
attorneys, trial judges, and experts in subject. Both civil and criminal. Civil emphasis on
personal injury. Cross references—particularly to AmJur Trials. Updated with annual
pocket parts.
Background (including potential defendants, types of experts), Outline, Index (follows
outline—not at end), Evidence Considerations, Defense Considerations, Elements of
Damages, Model Discovery (including interrogatories, document production requests,
requests for admission, and oral deposition checklists), Elements of proof checklist,
Illustrative forms (complaints, motions), Model jury instructions. Every article may not
contain all of these.
Westlaw (AMJUR-POF)
Discovery: Depositions (Civil Rule 30; Criminal Rule 4.6)
Deposition Strategy, Law & Forms: purpose, planning, preparation, conduct, general
forms related to all proceedings, topical questions with commentary.
Attorneys’ Textbook of Medicine is extremely useful for personal injuries (23 volumes):
explains terminology, anatomy, diagnosis, treatments, and potential inquiries.
Lexis: MATBEN;ATBMED
Motions (Pleadings and Motions – Civil Rules 7-16; Criminal Rule 4.5 “Omnibus
Hearing)
Motion Practice (Herr, Haydock & Stempel) discusses motions generally and numerous
types of motions specifically. It does not have many forms. AmJur Pleading and
Practice Forms has a “Motions, Rules and Orders” topic. Don’t forget the order—you
might actually get your motion granted. In Washington, there are often CLEs on motion
practice. Washington Practice: Civil Procedure Forms (vols. 9-10A) have motions, with
commentary, as well forms for other documents based on the Civil Rules.
Information on Judges
Almanac of the Federal Judiciary contains biographical information on all federal judges.
More importantly, it contains sections for each titled: “noteworthy rulings” and
“lawyers’ evaluation” to give an idea of what to expect when it comes to potential biases,
intellectual ability and temperament. Washington Judges Book was not as extensive or
critical (more biographical) and is getting out-of-date. Westlaw: (AFJ).
Trial (Civil rules 38-53.3; Criminal Rules Title 6)
There are a large number of treatises on trial advocacy and evidence, including subjects
such as jury selection and examination of experts. For example, Bender’s Art of
Advocacy series contains 12 volumes on aspects of trial.
Criminal Defense Techniques contains chapters devoted to specific crimes as well as
generally applicable techniques.
Jury Instructions (Civil Rule 51)
Washington Pattern Jury Instructions
Civil are in volumes 6 and 6A of Washington Practice; criminal are in volumes 11 and
11A. Criminal are called WPIC (wipick). Instructions are prepared by the Washington
Supreme Court Committee on Jury Instructions. Do not cover every subject.. Can fall
back on California or federal, if necessary. Westlaw (WA-WPI) and (WA-WPIC). Also
in (WAPRAC).
Settlement: Jury Verdicts/Arbitration Awards
Personal Injury Valuation Handbooks. National reporting “furnished by court clerks,
legal contractors, plaintiff and defense attorneys, law clerks, legal reporters, publications,
and media sources.”
Arranged by body part and cause of action. Tabbed.
Northwest Personal Injury Litigation. Reporter has changed names more times than
Prince. Jury Verdicts Northwest/Washington Jury Verdicts. Contains settlements as well
as verdicts.
Arranged by type of accident.
Indexed by: Injury, Attorneys, Medical Doctors (alphabetical), Medical Doctors (field),
Non-Medical Doctors, Expert Witnesses
Entry includes: name, docket number, attorneys, insurance company, experts, judge,
injury, brief facts, demand, result.
Westlaw (LRPWA-JV) but better to combine (WA-JV) or (WA-JV-PLUS)
Washington Arbitration Reports. Also published by Jury Verdicts Northwest. Entries are
similar to those in NPIL except decision is made by arbitrator rather than jury or
settlement.
Appellate Procedure (Civil Rules 72-76; Rules of Appellate Procedure)
Washington Appellate Practice Deskbook (WSBA) (available on Loislaw)
Federal Appellate Practice: Ninth Circuit (Ulrich, Kessler & Anger) explains the
operations of the court with great specificity (very few forms). Federal Ninth Circuit
Civil Appellate Practice (Goelz & Watts) is more practitioner friendly with samples and
forms at the end of each chapter.
Briefs (Rules of Appellate Procedure Title 10)
Many law firms and government legal offices maintain their own “brief banks.” This is
because certain types of legal issues recur and it is useful to have not only the applicable
law, but also the arguments previously made on the issue. You might ask your employer
if it has a brief bank that you can utilize. Always remember that there may be new
statutes, regulations, or cases that require the arguments to be updated or modified.
All of the major law libraries maintain copies of appellate briefs for Washington state.
That includes not only Supreme Court briefs, but briefs from all three divisions of the
Court of Appeals. The briefs are usually arranged by citation, but occasionally, a library
may shelve the briefs by docket number so you might want to obtain that information as
well (it is usually listed after the case name in the reporters).
An increasing number of briefs are becoming available on both Lexis and Westlaw.