LITIGATE WITH CONFIDENCE

The Wagstaffe Group Practice Guide: Federal Civil Procedure Before Trial James M. Wagstaffe

This is the one resource no civil litigator should be without.

Cutting-edge litigator and expert author, James M. Wagstaffe,

breaks down complex procedural issues with spot-on insights

and analysis and timesaving features.

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pretrial federal civil procedure.

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Navigate the complexities of federal civil procedure as well as state procedure for the 22 states and the District of Columbia that follow the rules of federal civil procedure.

This across-the-board guide will identify the questions that lawyers and judges

will ask. Along the way, it will help you understand court splits and provide you

with plenty of advisory practice tips, allowing you to litigate with confidence.

This publication includes numerous features, and distills complex procedural

issues down to easy-to-digest pieces.

• Chapters are organized into Scope, Objective or Overview, Core Rules

and Statutes, Checklists, and Examples.

• Contains dozens of detailed checklists that provide users with true practical

guidance on how to complete pretrial federal practice tasks.

• Numerous examples and case studies highlight both common and nuanced

procedural issues.

• Over 1,000 practice tips such as “Warning” or “Local Practice” alert the user

to important nuggets of practical advice including exceptions, court splits

and warnings about potential traps.

• Over 1,000 cross references are made throughout

to other areas within the chapter, other chapters

in this title and other titles, such as Moore’s Federal Practice® and Bender’s Federal Practice Forms®.

• A current-awareness pamphlet, published annually,

features expert commentary and practical insights

on legal current events like hot new cases and

amendments to laws.

• The Table of Cases lists all of the cases cited in this

set and is arranged alphabetically by case name.

• The Table of Statutes lists all the statutes cited to

alphabetically, as well.

• The Index references all topics discussed in the

text and footnotes.

The Wagstaffe Group Practice Guide: Federal Civil Procedure Before TrialJames M. Wagstaffe

3 volumes, loose-leaf, updated annually,

plus annual current awareness pamphlet,

Pub. #02440, ISBN 9781522115922,

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§ 6-VI. “Arising under” Federal Law Analysis

§ 6-VII. Recognizing the Limitations Applied to Federal Question Jurisdiction

§ 6-VIII. Pleading and Challenging Federal Question Jurisdiction

§ 6-IX. Forms

Ch. 7 Analyzing Diversity Jurisdiction§ 7-I. Strategy

§ 7-II. Understanding Sources of Diversity Jurisdiction

§ 7-III. Identifying Parties’ Citizenship for Diversity Purposes

§ 7-IV. Analyzing whether Parties are Diverse

§ 7-V. Satisfying the Amount in Controversy Requirement

§ 7-VI. Recognizing Other Limitations on Diversity Jurisdiction

§ 7-VII. Pleading and Challenging Diversity Jurisdiction

Ch. 8 Analyzing Removal Jurisdiction§ 8-I. Strategy

§ 8-II. Checklists—Analyzing Case for Removal

§ 8-III. Removal Jurisdiction—Overview

§ 8-IV. Removal Allowed from “State Courts”

§ 8-V. Removal Based on Federal Question Jurisdiction

§ 8-VI. Removal Based on Diversity Jurisdiction

§ 8-VII. Other Statutory Rights to Remove

§ 8-VIII. Waiver of the Right to Remove

§ 8-IX. Actions that are Not Removable to Federal Court

§ 8-X. Procedure for Removing Actions to Federal Court

§ 8-XI. Moving for Remand to State Court after Removal

§ 8-XII. Effect of Remand on State Court Proceedings

§ 8-XIII. Appellate Review of Removal and Remand

Ch. 9 Analyzing Supplemental Jurisdiction§ 9-I. Strategy

§ 9-II. Statutory Authority for Supplemental Jurisdiction

§ 9-III. Federal Claim Must be Substantial

§ 9-IV. State and Federal Causes of Action Must be Part of Same Case or Controversy

§ 9-V. Supplemental Jurisdiction Extends to Additional Parties

§ 9-VI. Supplemental Jurisdiction is often Discretionary

§ 9-VII. Supplemental Jurisdiction can be Prohibited

§ 9-VIII. When Declining Jurisdiction, Dismissal is Without Prejudice

§ 9-IX. Dismissed Supplemental Claim may be Binding

§ 9-X. Ancillary Jurisdiction

Ch. 10 Analyzing Personal Jurisdiction§ 10-I. Strategy

§ 10-II. Personal Jurisdiction— Overview

§ 10-III. Governing Long Arm Statutes

§ 10-IV. Personal Jurisdiction Based on Traditional Bases

§ 10-V. General Jurisdiction

§ 10-VI. Specific Jurisdiction Overview—Minimum Contacts

§ 10-VII. Purposeful Availment Element for Minimum Contacts

§ 10-VIII. “Arising out of or Relating to” Element for Minimum Contacts

§ 10-IX. Reasonableness Element for Minimum Contacts

§ 10-X. Nationwide Contacts as to Certain Federal Claims

§ 10-XI. Jurisdiction over Property

§ 10-XII. Procedures Governing Dismissals for Lack of Personal Jurisdiction

Ch. 11 Analyzing Service of Process§ 11-I. Strategy

§ 11-II. Service of Process—Overview

§ 11-III. Constitutional Right to Notice and Opportunity to be Heard

§ 11-IV. Utilizing either Federal or State Rules for Service of Process

§ 11-V. Relationship between Service and Personal Jurisdiction

§ 11-VI. Preparation and Service of the Federal Summons

§ 11-VII. Who may Serve Summons

§ 11-VIII. Waiver of Service under Rule 4(d)

§ 11-IX. The Manner of Service in United States under Rule 4

§ 11-X. Choosing Methods for International Service of Process

§ 11-XI. 90-Day Time Limit for Service under Rule 4(m)

§ 11-XII. Proof of Service

§ 11-XIII. Procedures Governing Dismissals for Lack of Proper Service or Service of Process

Ch. 12 Analyzing Venue§ 12-I. Strategy

§ 12-II. Venue Generally

§ 12-III. Initial Considerations

§ 12-IV. Determining Where Venue is Proper

§ 12-V. Change of Venue—Initial Considerations

§ 12-VI. Challenging Improper Venue

§ 12-VII. Transferring Venue for Convenience

§ 12-VIII. Dismissal under Doctrine of Forum Non Conveniens

§ 12-IX. Multidistrict Litigation

Ch. 13 Seeking and Defending Against Contractual Arbitration§ 13-I. Strategy

§ 13-II. Understanding Benefits and Drawbacks of Contractual Arbitration

§ 13-III. Understanding Nature and Scope of Federal Arbitration Act

§ 13-IV. Applicable Law

§ 13-V. Jurisdiction and Venue

§ 13-VI. Procedure for Seeking Stay Pending Arbitration

§ 13-VII. Procedure for Compelling Arbitration

§ 13-VIII. Grounds for Challenging Validity and Enforceability of Arbitration Agreements

§ 13-IX. Procedure for Challenging Orders Compelling or Denying Arbitration

§ 13-X. Court Powers during Stay

§ 13-XI. Arbitration Hearing

§ 13-XII. Procedures for Vacating or Modifying Arbitration Award

§ 13-XIII. Grounds for Vacating or Modifying Arbitration Award

§ 13-XIV. Procedure for Obtaining Judgment on Arbitration Award

§ 13-XV. Appeal of Judgment

Ch. 14 Moving to Disqualify Judge§ 14-I. Strategy

§ 14-II. Overview of Basis for Judicial Disqualification

§ 14-III. Judge’s Duties and Obligations

§ 14-IV. Choosing between Section 455 and Section 144

§ 14-V. Procedure for Disqualification under Section 455

§ 14-VI. Procedure for Disqualification under Section 144

§ 14-VII. Grounds for Recusal under Section 455(a) (“Impartiality Reasonably Questioned”)

§ 14-VIII. Grounds for Recusal under Sections 144 and 455(b)

§ 14-IX. Waiver and Divestiture: Avoiding Recusal

§ 14-X. Procedure Following Order of Recusal

§ 14-XI. Appellate Review of Denial of Recusal

UNIT 3 FRAMING THE CASE: PARTIES AND PLEADINGS

Ch. 15 Determining Parties to the Action§ 15-I. Strategy

§ 15-II. Selecting Initial Parties to the Action—Overview

§ 15-III. Applying Permissive Party Joinder Rule—Rule 20

§ 15-IV. Determining Real Party in Interest Status

§ 15-V. Determining Capacity to Sue and be Sued in Federal Court— Rule 17(b)

VOLUME 1

UNIT 1 FEDERAL LITIGATION SYSTEM AND MILESTONES

Ch. 1 Federal Court System (Courts, Magistrate Judges, and Personnel)§ 1-I. Scope

§ 1-II. Article III Courts

§ 1-III. Article I Courts

§ 1-IV. Article IV Territorial Courts

Ch. 2 State Versus Federal Procedures§ 2-I. Strategy

§ 2-II. Evaluating Plaintiffs’ Choice of Forum: State versus Federal Court

§ 2-III. Litigating the Case: State versus Federal Court Procedures

Ch. 3 State Law in Federal Court (Erie and Preemption)§ 3-I. Strategy

§ 3-II. Understanding the Erie Doctrine

§ 3-III. Determining When to Apply State Law or Federal Rules of Civil Procedure

§ 3-IV. Applying Erie Analysis: Substantive Issues Governed by State Law in Federal Court

§ 3-V. Recognizing “Procedural Rules” under Erie

§ 3-VI. Thinking Beyond Erie: Other Instances of Federal Courts Adopting State Law

Ch. 4 Litigation Milestone Checklists§ 4-I. Scope

§ 4-II. First Steps in Filing or Responding to Lawsuit

§ 4-III. Pretrial Steps

UNIT 2 GETTING STARTED

Ch. 5 Analyzing Subject Matter Jurisdiction Generally§ 5-I. Strategy

§ 5-II. Understanding the Nature and Sources of Federal Jurisdiction

§ 5-III. Analyzing the Limitations of Federal Jurisdiction

§ 5-IV. Identifying Jurisdictional (and Distinguishing Non-Jurisdictional) Issues

§ 5-V. Recognizing the Obligations and Risks when Jurisdiction is Absent

Ch. 6 Analyzing Federal Question Jurisdiction§ 6-I. Strategy

§ 6-II. Understanding the Sources of Federal Question Jurisdiction

§ 6-III. Statutes Creating Jurisdiction over Suits between Particular Parties

§ 6-IV. Statutes Creating Jurisdiction over Claims in Particular Subject Areas

§ 6-V. Procedure for Analyzing whether Federal Question Jurisdiction Exists

Ch. 16 Changing the Party Lineup (Joinder, Substitution, Intervention, and Impleader)§ 16-I. Scope

§ 16-II. Compulsory Joinder of Parties

§ 16-III. Substitution of Parties

§ 16-IV. Party Intervention

§ 16-V. Third-Party Practice (“Impleader”)

Ch. 17 Preparing the Complaint§ 17-I. Strategy

§ 17-II. Filing Complaint Initiates Federal Civil Action

§ 17-III. Summary of Federal Rules that Address Drafting a Complaint (or Other Claim for Relief)

§ 17-IV. Basic Format and Elements of a Federal Complaint

§ 17-V. Limits on Disclosure of Personal Information in Pleadings

§ 17-VI. Complaint must be “Short,” “Simple,” and Pled with “Clarity”

§ 17-VII. Alleging Jurisdiction

§ 17-VIII. Personal Jurisdiction and Venue Allegations Not Required

§ 17-IX. Alleging the Parties

§ 17-X. Stating the Claim for Relief

§ 17-XI. Special and Heightened Pleading Requirements

§ 17-XII. Demand for Relief

§ 17-XIII. Signing the Complaint

§ 17-XIV. Verifying the Complaint

§ 17-XV. Jury Demand

§ 17-XVI. Other Documents to be Prepared or Served with Complaint

§ 17-XVII. Cost Bond

§ 17-XVIII. Filing Fee

§ 17-XIX. Filing the Complaint

Ch. 18 Amending and Supplementing Pleadings§ 18-I. Strategy

§ 18-II. Amending the Pleadings

§ 18-III. Relation Back of Amendments

§ 18-IV. Supplemental Pleadings

VOLUME 2

UNIT 3 FRAMING THE CASE: PARTIES AND PLEADINGS (CONTINUED)

Ch. 19 Answering the Complaint§ 19-I. Strategy

§ 19-II. Time to Respond to a Complaint

§ 19-III. Summary of Federal Rules that Address Drafting an Answer

§ 19-IV. Drafting the Answer

Ch. 20 Counterclaims and Crossclaims§ 20-I. Scope and Strategy

§ 20-II. Checklists: Preparing and Drafting Counterclaims

§ 20-III. Options and Strategy— Counterclaims

§ 20-IV. Counterclaims

§ 20-V. Checklists: Preparing, Drafting and Responding to Crossclaims

§ 20-VI. Options and Strategy— Crossclaims

§ 20-VII. Crossclaims

Ch. 21 Demanding a Jury Trial§ 21-I. Strategy

§ 21-II. Checklists: Obtaining Jury Trial

§ 21-III. Jury Demands

UNIT 4 ATTACKING THE PLEADINGS

Ch. 22 Pretrial Motions§ 22-I. Options and Strategies

§ 22-II. Rule 12 Pretrial Motions; Required Joinder and Avoiding Waiver of Certain Defenses—Rule 12(g), (h)

§ 22-III. Motion to Dismiss for Lack of Subject Matter Jurisdiction—Rule 12(b)(1)

§ 22-IV. Motion to Dismiss for Lack of Personal Jurisdiction—Rule 12(b)(2)

§ 22-V. Motion to Dismiss for Improper Venue—Rule 12(b)(3)

§ 22-VI. Motion to Dismiss for Insufficient Process—Rule 12(b)(4)

§ 22-VII. Motion to Dismiss for Insufficient Service of Process— Rule 12(b)(5)

§ 22-VIII. Motion to Dismiss for Failure to State a Claim upon which Relief can be Granted—Rule 12(b)(6)

§ 22-IX. Motion to Dismiss for Failure to Join a Party under Rule 19— Rule 12(b)(7)

§ 22-X. Motion for More Definite Statement

§ 22-XI. Motions to Strike

Ch. 23 Motions to Dismiss (Twombly/Iqbal)§ 23-I. Options and Strategies

§ 23-II. Motions to Dismiss for Failure to State Claim upon which Relief can be Granted—Rule 12(b)(6)

Ch. 24 Jurisprudential Limitations on Jurisdiction (Standing, Abstention, Eleventh Amendment)§ 24-I. Overview

§ 24-II. Standing

§ 24-III. Mootness

§ 24-IV. Ripeness

§ 24-V. Abstention

§ 24-VI. Eleventh Amendment Immunity

Ch. 25 Motions for Judgment on the Pleadings§ 25-I. Scope and Strategy

§ 25-II. Motion for Judgment on the Pleadings—Rule 12(c), (h)(2)

UNIT 5 CONFERENCES AND CASE MANAGEMENT

Ch. 26 Rule 26(f) Conference and Disclosures§ 26-I. Strategy

§ 26-II. Conferring on Case Management Issues

§ 26-III. Making Initial Disclosures

§ 26-IV. Making Expert Witness Disclosures under Rule 26(a)(2)

§ 26-V. Remedies and Sanctions for Failure to Comply with Disclosure Requirements

Ch. 27 Participating in the Case Management Conference§ 27-I. Strategy

§ 27-II. Participating in the Initial Case Management Conference

§ 27-III. Preparing and Filing the Scheduling Order

§ 27-IV. Complying with and Seeking Modification of the Scheduling Order

§ 27-V. Participating in Interim Case Management Conferences

§ 27-VI. Form—Proposed Scheduling Order

Ch. 28 Participating in the Final Pretrial Conference§ 28-I. Strategy

§ 28-II. Participating in the Final Pretrial Conference

§ 28-III. Understanding Scope of Final Pretrial Order

§ 28-IV. Recognizing the Risks of Failure to Comply with Final Pretrial Order and Related Pretrial Obligations

Ch. 29 Consolidation, Bifurcation of Issues, and Severance of Claims or Parties§ 29-I. Strategy

§ 29-II. Determining whether to Consolidate Actions

§ 29-III. Moving to Consolidate Actions

§ 29-IV. Opposing Motion to Consolidate Actions

§ 29-V. Ruling on Motion to Consolidate Actions

§ 29-VI. Determining whether to Bifurcate Issues into Separate Trials

§ 29-VII. Moving to Bifurcate Issues into Separate Trials

§ 29-VIII. Opposing Motion to Bifurcate Issues for Trial

§ 29-IX. Ruling on Motion to Bifurcate Issues into Separate Trials

§ 29-X. Severing Claims or Parties

Ch. 30 Motions in Limine§ 30-I. Overview: Strategy and Purpose

§ 30-II. Motions in Limine in Practice

§ 30-III. Procedure

UNIT 6 WINNING OUT OF THE BOX: PROVISIONAL REMEDIES

Ch. 31 Preliminary Injunctions, TROs, and Other Provisional Remedies§ 31-I. Scope

§ 31-II. Pretrial Injunctive Relief (Preliminary Injunctions and TROs)

§ 31-III. Pretrial Injunctions—Checklists

§ 31-IV. Assess Potential Benefits and Detriments in Seeking Pretrial Injunctive Relief

§ 31-V. Pretrial Injunctions—Subject Matter Jurisdiction

§ 31-VI. Pretrial Injunctions—Personal Jurisdiction and Venue

§ 31-VII. Pretrial Injunctions—Equitable Jurisdiction

§ 31-VIII. Pretrial Injunctions—Standing

§ 31-IX. Pretrial Injunctions—Significant Non-Jurisdictional Rules and Limits

§ 31-X. Tests Applied to Requests for Pretrial Injunctive Relief

§ 31-XI. Tests Applied by each Circuit to Requests for Pretrial Injunctive Relief

§ 31-XII. First Factor—Success on Merits

§ 31-XIII. Second Factor—Irreparable Injury

§ 31-XIV. Third Factor—Balance of Equities

§ 31-XV. Fourth Factor—Public Interest

§ 31-XVI. “Disfavored” or Heightened Scrutiny Pretrial Injunctions

§ 31-XVII. Applying for Temporary Restraining Order

§ 31-XVIII. Drafting TRO Application

§ 31-XIX. Notice of TRO Application

§ 31-XX. Filing TRO Application

§ 31-XXI. Responding to TRO Application

§ 31-XXII. Hearing on TRO Application

§ 31-XXIII. Court’s Order on TRO Application

§ 31-XXIV. Preparing, Filing, and Serving Application for Preliminary Injunction

§ 31-XXV. Preparing, Filing, and Serving Opposition to Preliminary Injunction Application

§ 31-XXVI. Hearing on Application for Preliminary Injunction

§ 31-XXVII. Orders Granting or Denying Pretrial Injunctive Relief

§ 31-XXVIII. Pretrial Injunction Bond

§ 31-XXIX. Recovery against Pretrial Injunction Bond

§ 31-XXX. Modifying, Dissolving, or Clarifying Pretrial Injunctions

§ 31-XXXI. Seeking Appellate Review of Pretrial Injunctions

§ 31-XXXII. Enforcing Pretrial Injunctions through Contempt

§ 31-XXXIII. Other Pretrial Remedies—Overview

§ 31-XXXIV. Pretrial Seizure of Property

§ 31-XXXV. Pretrial Receiverships

§ 31-XXXVI. Pretrial Receiverships—Checklists

§ 31-XXXVII. Lis Pendens

TABLE OF CONTENTS

UNIT 7 CLASS ACTIONS

Ch. 32 Class Actions§ 32-I. Introduction and Background

§ 32-II. Four Core Requirements of Rule 23(a)

§ 32-III. Three Separate Grounds for Maintaining a Class—Rule 23(b)(1)–(3)

§ 32-IV. Class Certification Procedures

§ 32-V. Notice to the Class

§ 32-VI. Opting out of a Class Action

§ 32-VII. Orders Managing Class Actions

§ 32-VIII. Settlement Procedures

§ 32-IX. Jurisdiction and other Pretrial Procedures

§ 32-X. Judgments and Appeals

§ 32-XI. Special Issues in Securities, Nationwide and Defendant Class Actions

UNIT 8 DISCOVERY

Ch. 33 Discovery Strategy, Planning, and Preservation§ 33-I. Strategy

§ 33-II. Developing a Discovery Plan

§ 33-III. Informal Discovery

§ 33-IV. Duty to Preserve Evidence and Violating the Duty

Ch. 34 Scope of Discovery, Privilege, and Work Product§ 34-I. Strategy

§ 34-II. Limitations on the Right to Discovery

§ 34-III. Scope of Discovery: Relevance, Proportionality, and Privilege

§ 34-IV. Privilege

§ 34-V. Attorney Work Product

§ 34-VI. Right to Privacy and other Nonprivilege Discovery Limitations

§ 34-VII. Protective Orders

§ 34-VIII. Other Discovery-Related Procedures

Ch. 35 Interrogatories, Rule 34 Requests, and Requests for Admission§ 35-I. Interrogatories

§ 35-II. Request for Production of Documents and Things

§ 35-III. Request for Admission

Ch. 36 Depositions and Subpoenas§ 36-I. Scope

§ 36-II. Petition for Pre-Lawsuit Deposition to Perpetuate Testimony

§ 36-III. Oral Depositions

§ 36-IV. Who may be Deposed

§ 36-V. Checklists

Ch. 37 Mental and Physical Examinations§ 37-I. Strategy

§ 37-II. Motion to Compel Examination

§ 37-III. Parameters of Examination

§ 37-IV. Non-Compliance with Court Orders

§ 37-V. Exchange of Written Reports

§ 37-VI. Judicial Review

Ch. 38 Motions to Compel and Sanctions§ 38-I. Motions to Compel

§ 38-II. Failure to Comply with a Court Order Compelling Discovery

§ 38-III. Failure to Comply with Rule 26(a) Mandatory Disclosures or Supplement Earlier Responses

§ 38-IV. Unreasonable Refusal to Admit Genuineness of Document

§ 38-V. Failure to Answer or Respond to Interrogatories or Request for Inspection, and Failure to Appear for Deposition

§ 38-VI. Failure to Participate in Discovery Plan

§ 38-VII. Improper Certification of Discovery Requests, Responses, Objections or Disclosures

§ 38-VIII. Sanctions for Spoilation (Destruction) of Evidence

VOLUME 3

UNIT 9 WINNING WITH MOTIONS

Ch. 39 Pretrial Motion Procedures§ 39-I. Introduction

§ 39-II. Requirements for Bringing and Filing Motions

§ 39-III. Opposition Papers

§ 39-IV. Reply Papers

§ 39-V. Motion Hearing and Oral Argument

§ 39-VI. Orders and Procedures Following Hearing

Ch. 40 Motion for Default and Relief from Default§ 40-I. Scope

§ 40-II. Overview—Understanding Key Terms

§ 40-III. Relationship between Entry of Default and Default Judgment

§ 40-IV. Obtaining Entry of Default and Default Judgment

§ 40-V. Actions Preventing Entry of Default

§ 40-VI. Timeliness of Response

§ 40-VII. Obtaining Entry of Default

§ 40-VIII. Effect of Entry of Default

§ 40-IX. Default Judgment may be Obtained from Clerk under Particular Circumstances

§ 40-X. Obtaining Entry of Default Judgment by Court

§ 40-XI. Effect of Entry of Default Judgment

§ 40-XII. Obtaining Relief from Default

Ch. 41 Involuntary Dismissal Motions§ 41-I. Strategy

§ 41-II. Scope of Involuntary Dismissal under Rule 41(b)

§ 41-III. Procedure for Dismissal Motion

§ 41-IV. Dismissal for Failure to Prosecute

§ 41-V. Dismissal for Failure to Comply with Federal Rules

§ 41-VI. Dismissal for Failure to Comply with Court Orders

§ 41-VII. Effect of Dismissal

§ 41-VIII. Appellate Review

Ch. 42 Voluntary Dismissals§ 42-I. Strategy

§ 42-II. Voluntary Dismissal without Court Order

§ 42-III. Voluntary Dismissal by Court Order

§ 42-IV. Award of Costs of Previously Dismissed Action

§ 42-V. Preclusive Effect of Voluntary Dismissal

§ 42-VI. Voluntary Dismissal and Appellate Review

Ch. 43 Summary Judgment Standards and Procedures§ 43-I. Strategy

§ 43-II. Summary Judgment Legal Standards

§ 43-III. Moving for Summary Judgment

§ 43-IV. Opposing Summary Judgment

§ 43-V. Replies and Sur-Replies

§ 43-VI. Summary Judgment Evidence

§ 43-VII. Formatting the Summary Judgment Papers

§ 43-VIII. Trial Court Summary Judgment Rulings

§ 43-IX. Challenges to Trial Court Summary Judgment Rulings

Ch. 44 Summary Judgment Motions Applied§ 44-I. Strategy

§ 44-II. Administrative Record Cases

§ 44-III. Antitrust

§ 44-IV. Civil Rights

§ 44-V. Contract

§ 44-VI. Employment

§ 44-VII. Federal Statutory Claims

§ 44-VIII. Intellectual Property

§ 44-IX. Securities Fraud

§ 44-X. Statute of Limitations

§ 44-XI. Torts

Ch. 45 Miscellaneous Motions§ 45-I. Overview

UNIT 10 ENDING THE CASE WITHOUT TRIAL

Ch. 46 Finalizing and Enforcing Settlement Agreements§ 46-I. Strategy

§ 46-II. Finalizing Settlement Reached before Complaint is Filed

§ 46-III. Interpreting the Release

§ 46-IV. Finalizing Settlement after Complaint is Filed

§ 46-V. Finalizing Settlement of Specific Claims

§ 46-VI. Finalizing Settlement through Consent Decree

§ 46-VII. Enforcing the Settlement Agreement

Ch. 47 Offer of Judgment (Rule 68)§ 47-I. Rule 68: Overview

§ 47-II. Making the Rule 68 Offer

§ 47-III. Responding to the Rule 68 Offer

§ 47-IV. Determining whether Judgment is Less Favorable than Offer

§ 47-V. Filing a Rule 68 Motion for Award of Costs

§ 47-VI. Determining Entitlement to “Costs” under Rule 68 Cost-Shifting Penalty

§ 47-VII. Interpreting and Challenging Rule 68 Offers and Acceptances

Ch. 48 Court-Ordered Alternative Dispute Resolution (ADR)§ 48-I. Strategy

§ 48-II. Preliminary Matters

§ 48-III. Early Neutral Evaluation and Mediation

§ 48-IV. Authority of Courts and Arbitrators

§ 48-V. Judicial Settlement Conference

§ 48-VI. Summary Jury Trial

UNIT 11 SANCTIONS

Ch. 49 Rule 11 Sanctions§ 49-I. Theory Governing Rule 11

Sanctions

§ 49-II. Limited Scope of Rule 11

§ 49-III. All Papers Must be Filed with Promise of Rule 11 Compliance

§ 49-IV. Rule 11 Violations are Assessed Objectively

§ 49-V. Grounds for Rule 11 Sanctions

§ 49-VI. Procedures for Obtaining Rule 11 Sanctions

§ 49-VII. Rules Governing Rule 11 Sanction Orders

§ 49-VIII. Appellate Review of Rule 11 Sanctions Orders

Ch. 50 Other Sanctions Authority§ 50-I. Strategy

§ 50-II. Overview of Sources of Sanctioning Authority other than Rule 11

§ 50-III. Sanctions under Section 1927

§ 50-IV. Inherent Authority to Sanction

§ 50-V. Sanctions in Local Rules

§ 50-VI. Contempt

Appendix A Federal Rules of Civil ProcedureIndex

Table of Cases

Table of Statutes

AUTHORITY YOU CAN TRUST

James M. Wagstaffe is the premier industry

expert and authority with respect to pretrial

federal civil procedure. Mr. Wagstaffe possesses

an inimitable wealth of knowledge, experience

and practice as a federal litigator, educator and

lecturer and as an accomplished author.

Mr. Wagstaffe is partner and co-founder of

Kerr & Wagstaffe LLP, handles a diverse range

of litigation matters, and also leads the firm’s

successful Federal Practice Group. He currently

serves as a Chair of the Federal Judicial Center

Foundation Board, appointed by the Chief Justice

of the United States Supreme Court.

Contributing Authors

Steven J. Adamski (Senior Lead Editor)

Hon. Jacqueline Scott Corley (Lead Judicial Editor)

Ivo Labar (Lead Contributing Author)

Frank Busch

Kelly Corcoran

Keith Fong

Lillian Hamrick

Suzanne Klotz

Cherokee Melton

Maria Radwick

Brooke Veris Rusenko

Adrian Sawyer

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