Introduction
Cases
Statutes and Codes
Regulations and Rules
Treatises and Practice Guides
Study Aids
Searching SCHOLAR and OhioLINK
Journal Articles and Current Awareness Services
Aggregate Databases and Other Web Resources
Introduction
Civil Procedure concerns the resolution of civil disputes in civil courts. Rather than substantive law, civil procedure deals with how a case is brought to civil court and how it proceeds until judgment, as well as the scope of judgment and available appeals. Civil procedure specifically addresses subject matter and personal jurisdiction, venue, pleadings, joinder of claims and parties, discovery, pretrial, resolution without trial (including summary judgment, default judgment, and dismissal), trial, trial and post-trial motions, securing and enforcing judgment, binding effect of judgment (including res judicata and collateral estoppel), relief from judgment, appeal, as well as the Erie Doctrine and governance of federal or state law.
If you are a student who's trying to pick a topic in civil procedure for a note or article, check out Lawtopic.com and review its Civil Procedure section. Also, consider reviewing current issues and hot topics on news Web sites such as American Lawyer Media's American Lawyer, Law.Com, National Law Journal, and New York Law Journal, as well as Lawyers Weekly.
Please contact the Law Library's Research Services librarians during their Research Services hours, or via email to research.services@law.csuohio.edu for help with locating or using
any of the resources discussed in this guide.
Cases
- Federal Rules Decisions. West Pub. Co., c1941-. KF8830 .W47: US District Court opinions, decisions and rulings concerning the Federal Rules of Civil Procedure and Federal Rules of Criminal Procedure not published in the "Federal Supplement." Monthly with bound cumulations. Includes cumulative indexes.
- LexisNexis Source Files:
- Westlaw Databases
- See individual source files in this Westlaw Directory section: Litigation: Cases
- See also Civil Procedure section of KeySearch.
Statutes and Codes
- Rules of Decisions Act: 28 USC 1652 (62 Stat 944, ch. 646, 6/25/48) [originally based on 28 USC 725 (R.S. §721)] reads: "State laws as rules of decision: The laws of the several states, except where the Constitution or treaties of the United Sates or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply."
- Rules Enabling Acts: 28 USC 2071 (62 Stat 961, ch. 646, 6/25/48); 28 USC 2071-2074, 2077 (Pub L 100-702, Title IV, §401, 403(a)(1), 102 Stat 4648-4650, 11/19/88). These acts enable courts established by act of Congress to prescribe rules for the conduct of their business, as long as these rules are consistent with US Supreme Court rules of practice and procedure and acts of Congress, as well as outline the procedure for rule prescribtion, scope of the rules, and publication of the rules.
- US Code: Judiciary and Judicial Procedure: Part I: Organizations of Courts 28 USC 1-482; Part IV: Jurisdiction and Venue 28 USC 1251-1631; Part V: Procedure 28 USC 1651-2113; Part VI: Particular Proceedings 28 USC 2201-4001; Federal Rules of Civil Procedure 28 USC Appendix. [Links via Cornell University Law School's Legal Information Institute "generated from the most recent version made available by the US House of Representatives."]
- Ohio Code: Courts - Municipal - Mayor's - County 19 ORC; Courts - Probate - Juvenile 21 ORC; Courts - Common Pleas 23 ORC; Courts - Appellate 25 ORC; Courts - General Provisions - Special Remedies 27 ORC; Ohio Rules of Civil Procedure . [Links via Anderson's and State of Ohio.]
Regulations and Rules
- Code of Federal Regulations: Title 28 of the CFR concerns "Judicial Administration." Chapter 1, Parts 0-42 and Parts 43-199 concern the Department of Justice. [Links via GPO Access .]
- Federal Rules of Civil Procedure Divided into the following 13 sections: Scope of Rules - One Form of Action; Commencement of Action, Service of Process, Pleadings, Motions, and Orders; Pleadings and Motions; Parties; Depositions and Discovery; Trials; Judgment; Provisional and Final Remedies; Special Proceedings; District Courts and Clerks; General Provisions; Appendix of Forms; and Supplemental Rules for Certain Admiralty and Maritime Claims. See also Federal Rules of Evidence. [Links via Cornell University Law School's Legal Information Institute]
- Federal Local Court Rules. West Group, c2001-. KF8816 .A2 2001
- Federal Rules Of Civil Procedure.
- Federal Rules Of Civil Procedure. Anderson Publishing Co., c2003/04. KF8816 .A1979
- Federal Rules Of Civil Procedure / Thomas A. Coyne, ed. Clark Boardman Callaghan, c1994-. KF8820 .A2 1994
- Federal Rules of Civil Procedure, With Forms. U.S. Government Printing Office, 1990-. KF8820 .A314 A2
- Federal Rules Of Civil Procedure With Selected Statutes And Cases. Aspen Law & Business, c2001-. KF8816 .A3
- Ohio Administrative Code The 109 Agency/Division Level of the OAC concerns the Office of the Attorney General. [OAC 109 link via Anderson's and State of Ohio.]
- Ohio Rules of Civil Procedure
Treatises and Practice Guides
Form Books -Federal
- American Jurisprudence Pleading And Practice Forms Annotated. Thomson/West, c1967-. KF8836 .A45:Contains over 43,000 draft federal and state forms, checklists, and timetables, including complaints, cross-complaints, counterclaims, notices, petitions, declarations, summonses, demurrers, interrogatories, affidavits, answers, replies, motions, stipulations, bills of particulars, subpoenas, orders, writs, jury instructions, findings of fact, judgments, bonds, and decrees. Includes commentary, statutory and procedural rules references, and General Index. Kept up to date with pocket parts.
- Bender's Federal Practice Forms, Annotations And Cross-References To Moore's Federal Practice / Louis R. Frumer and Irwin Hall. Matthew Bender, c1978-. KF8836 .F78: "A complete range of litigation forms needed for practice in any federal court from federal district courts through and including the Supreme Court of the United States." Chapters organized by rules. Civil Procedure chapters include complaints, pleadings, motions, disclosures, discovery, pretrial conferences, trials, and post-trial motions. Includes General Index.
- West's Federal Forms. West Group, c1952-. KF8836 .W4
Multi-volume sets -Federal
- Federal Practice And Procedure ("Wright & Miller")/ Charles Alan Wright. West Group, c1969-. KF8840 .W68: Comprehensively covers federal civil, criminal, and appellate procedure including all civil, criminal, appellate, and evidence rules, as well as the federal judicial system, federal court jurisdiction, venue, relation of federal and state courts, and multidistrict litigation. Extensively analyzes each rule according to its interpretation and application by federal courts and how it is affected by relevant statutes. Kept up to date with pocket parts and monthly supplemental service. Includes official forms adopted with rules, General Index, and several finding aides.
- Moore's Federal Practice / James Wm. Moore; board of editors, Daniel R. Coquillette ... [et al.]. LexisNexis, c1997-. KF8840 .M64 1997: Originally written by the late Professor James William Moore, one of the drafters of the Federal Rules of Civil Procedure, this publication is a comprehensive reference work on federal civil, criminal, appellate, and admiralty court procedure. Contains extensive commentary and analysis of federal rules - including legislative history and advisory committee notes - as well as cases interpreting the rules. Includes Civil Index and several finding aides.
Other-Federal
- Civil Procedure / Fleming James, Jr., Geoffrey C. Hazard, Jr., and John Leubsdorf. Foundation Press, c2001. KF8840 .J3 2001
- Civil Procedure For Federal And State Courts / Jeffrey A. Parness. Anderson Publishing, c2001. KF8841 .P377 2001
- Federal And State Civil Procedure Handbook / Jeffrey A. Parness. Anderson Publishing Co., c2001. KF8841 .P376 2001
- Federal Civil Judicial Procedure And Rules. West, c1985-. KF8816 .A21
- Federal Court Practice And Procedure: A Third Branch Bibliography / Thomas E. Baker. F.B. Rothman, c2001. KF8810 .B35 2001
- Federal Pretrial Practice: Basic Procedure And Strategy. Practicing Law Institute, c1999-. KF8900 .Z9 F43
- Manual Of Federal Practice / Richard A. Givens. LEXIS Law Pub., c1998-. KF8840 .G56 1998
- O'Connor's Federal Rules, Civil Trials: Practice Guide And Annotated Federal Rules Of Civil Procedure / Michol O'Connor. Jones McClure Publishing, c1996-. KF8816 .A2 O21
- The Right Against Self-Incrimination In Civil Litigation. ABA Section of Antitrust Law, c2001. KF8935 .R54 2001
- Sinclair On Federal Civil Practice / Kent Sinclair. Practicing Law Institute, c2004-. KF8840 .S5522
- Successful Techniques For Civil Trials / Ronald L. Carlson. Lawyers Co-Operative Pub. Co., c1992-. KF8915 .C3 1992
Ohio-Formbooks
- Anderson's Ohio Civil Practice With Forms: Pleading, Procedure, Forms. W.H. Anderson Co., c1971-. KFO530 .A8: Provides step-by-step guidance from the beginning of an action through appellate procedures. Contains comprehensive collection of forms, including those covering specific actions, as well as explanations of substantive law, special proceedings, and other areas not covered by the Civil Rules. Includes Index and appendix of Civil Rules with Staff Notes. Kept up to date with pocket parts.
- Ohio Forms of Pleading and Practice / William W. Milligan; Contributor, Robert M. Hammond; Supervising Editor, Max Harley. Matthew Bender, Lexis-Nexis, c1970-. KFO535 .M5: Comprehensive collection of forms concerning all aspects of pleading and practice, completely covering Civil Rules, Criminal Rules, Juvenile Rules, Evidence Rules, Appellate Procedure, Probate Practice, and selected Special Proceedings. Each form follows governing rules or statutes and includes annotations to statutes, cases, and other related rules and forms. Includes full text of each rule with comparison to its federal counterpart and several Indexes.
Ohio-Other
- Baldwin's Civil Practice / James M. Klein, Stanton G. Darling II, and Dennis G. Terez. Thomson/West, c2004-. KFO529 .A2 2004:Rule-by-rule discussion with practical guidance and extensive case citations. Includes over 450 forms covering all facets of civil litigation, Index, Table of Cases, and Table of Statutes and Rules. Kept up to date with pocket parts.
- Anderson's Ohio Civil Laws and Rules Handbook. LexisNexis, c2005-. KFO530 .A85
- Damages In Ohio Civil Trial Practice / Jack F. Fuchs ... [et al.]. NBI, Inc., c2002. KFO530 .Z9 F9 2002
- Ohio Civil Rules Practice, With Forms / John W. McCormac and Michael E. Solimine. Anderson Publishing Co., c2003. KFO530 .M3 2003
- Rules Of Practice Of The Supreme Court Of Ohio. [Ohio] Supreme Court. KFO558 .A4
- Weissenberger's Ohio Civil Procedure ... Litigation Manual. Anderson Pub. Co., 1998-. KFO540 .W4
Study Aids
CALI (Computer-Assisted Legal Instruction) Tutorials: Connect to the CALI Library of Lessons for a list of Civil Procedure Lessons available to Cleveland-Marshall College of Law Students. The 18 CALI Civil Procedure Lessons include Analysis of a Diversity Case, Buffalo Creek: A Game of Discovery (Initial Disclosure Version), Demurrers and Judgments, Drafting a Complaint, Equitable Remedies - An Overview, Evidence for Procedure Students, An Exercise in Civil Procedure, An Interpleader Primer, Joinder of Claims and Parties, Judgments as a Matter of Law, Jurisdiction and Venue, Jurisdiction Over the Person, Preclusion, Randolph County: A Game of Discovery, A Review of Joinder Concepts, Summary Judgment, Waiver Under Rule 12, Woburn: A Game of Discovery. The CALI Civil Procedure Lessons are also highlighted on the Tutorials and Instructional Research Guides page of the Law Library Web site.
Books
- Civil Procedure / Jack H. Friedenthal, Mary Kay Kane, and Arthur R. Miller. Thomson/West, c2005. KF8840 .F72 2005
- Civil Procedure / Douglas Blaze. Thomson West, c2003. KF8841 .B53 2003
- Civil Procedure / Kevin M. Clermont. Thomson/West, c2004. KF8840 .C56 2004
- Civil Procedure: Cases, Materials, And Questions / Richard D. Freer and Wendy Collins Perdue. Anderson, c2001. KF8839 .F74 2001
- Civil Procedure: The Economics Of Civil Procedure / Robert G. Bone. Foundation Press, c2003. KF8840 .B66 2003
- Civil Procedure: Examples And Explanations / Joseph W. Glannon. Aspen Publishers, c2006. KF8839 .G58 2006
- Civil Procedure: Preclusion In Civil Actions / David L. Shapiro. Foundation Press, c2001. KF8990 .S48 2001
- Civil Procedure: Theory And Practice / Linda J. Silberman and Allan R. Stein. Aspen Law & Business, c2001. KF8839 .S58 2001
- Civil Procedure In A Nutshell / Mary Kay Kane. Thomson/West, c2003. KF8841 .K36 2003
- Civil Procedure Stories / Kevin M. Clermont, ed. Thomson/West, c2004. KF8839 .C458 2004
- The Glannon Guide To Civil Procedure: Learning Civil Procedure Through Multiple-Choice Questions And Analysis / Joseph W. Glannon. Aspen Publishers, c2003. KF8841 .G59 2003
- Introduction To Civil Procedure / Richard D. Freer. Aspen Publishers, c2006. KF8839 .F745 2005
- Ohio Board Of Bar Examiners, Outline Of Subjects Tested On Essay Portion Of Ohio Bar Examination (Columbus, OH: Supreme Court of Ohio 1984- ). KFO76 .Z9 O8546. Outlines the subjects tested on the essay portion of the Ohio Bar Examination in order to provide a guide to bar examiners in drafting the essay questions. The "Civil Procedure" section in the November 2002 edition provides citation to legal authorities in civil procedure as a convenience to the bar examiners. It includes outlines for Jurisdiction and Venue, Pleading, Joinder, Discovery, Pre-Trial Matters, Trial, PostTrial Matters, Appeal, and Collateral Effects.
- Principles Of Civil Procedure / Kevin M. Clermont. Thomson/West, c2005. KF8840 .C54 2005
- A Student's Guide To Elements Of Proof / Ronald L. Carlson. Thomson/West, c2004. KF8950 .C37 2004
- A Student's Guide To The Federal Rules Of Civil Procedure / Steven Baicker-McKee, William M. Janssen, and John B. Corr. Thomson/West, c2005. KF8841 .B35 2005
- Understanding Civil Procedure / Gene R. Shreve and Peter Raven-Hansen. LexisNexis, c2002. KF8840 .S484 2002
For treatises and other materials, search the SCHOLAR and OhioLINK catalogs with the subject headings Civil Procedure; Civil Procedure - United States; Civil Procedure - Ohio. See also the 40+ Civil Procedure Related Subject Headings.
Journal Articles and Current Awareness Services
See the Finding Articles in Law Reviews, Journals and Other Legal Periodicals. In particular, note OhioLINK's Electronic Journal Center and its Social Sciences - Politics, Political Science, and Law subject cluster.
Selected specialty journals and current awareness materials concerning Civil Procedure in the Cleveland-Marshall College of Law Library collection include:
- Civil Justice Digest. Roscoe Pound Foundation. K3 .I84
- Current Developments In Federal Civil Practice. Practicing Law Institute. KF8841 .C872
- Federal Rules Digest. Callaghan, c1973-. KF8830.1 .F43
- Federal Rules Service. Lawyers Cooperative Publishing, c1992-. KF8830.1 .F423
- Litigation News. Ohio State [Bar] Association. KF200 .L574
- Weissenberger's Federal Civil Procedure: Litigation Manual / A.J. Stephani and Glen Weissenberger. Anderson Publishing Co., c1998-. KF8816 .A2 .W4
Aggregate Databases and Other Web Resources
- American Bar Association: Section of Litigation
- Cornell Law School's Legal Information Institute: Law about: Civil Procedure; Court Rules
- Federal Judicial Center: Publications. Federal Judicial Center publications subjects include Appellate System Structure and Revision, Case Management - Appellate, Case Management - Civil, Caseloads and Case Weights, Circuit and District Executives, Class Action Litigation, Complex Litigation, Court Governance and Management, Court Reporters and Reporting, Discovery and Disclosure, Evidence, Expert Witnesses, Federal Judicial Center, Federal Judicial System, Federal Jurisdiction, Judges and the Judiciary, Jury Instructions, Jury Selection and Utilization, Mass Torts, Pro Se Litigation, Research in the Courts, Rules - Federal Rulemaking, Sanctions, Settlement, Special Masters, Stare Decisis, and State-Federal Judicial Relationships.
- LexisONE: Legal Web Site Directory: Practice Areas: Litigation
- LexisNexis: Federal Legal - US: Court Rules: Individual Circuit Rules
- LexisNexis: Reference: Continuing Legal Education: ALI-ABA Course of Study: Civil Practice and Litigation Techniques
- See also individual source files in these LexisNexis Library sections:
- Area of Law - By Topic: Litigation: Court Rules
- Area of Law - By Topic: Litigation: Treatises & Analytical Materials
- Area of Law - By Topic: Litigation: Treatises & Analytical Materials - Matthew Bender
- Secondary Legal: Area of Law Treatises
- Secondary Legal: Individual ALI-ABA Materials
- Secondary Legal: Matthew Bender (R): By Area of Law
- States Legal: Ohio: Treatises & Analytical Material: Civil Practice & Procedure
- LLRX.com: Court Rules, Forms & Dockets: "Links to over 1,400 sources for state and federal court rules, forms and dockets." Browsable by court, jurisdiction, state, and type of resource. Searchable by keyword.
- MegaLaw.com: Legal Research: Topic Index: Civil Procedure
- Ohio Supreme Court: Ohio Rules of Court
- OhioLINK Research Databases: Law and Legislation:
- The Virtual Chase - Legal Research Guide - Legal Subjects - Litigation
- Westlaw: Topical Materials by Area of Practice: Litigation: Civil Procedure & Evidence -
Includes state court orders, forms, and other secondary sources, as well as all topic federal and state cases, state court rules, and state court orders.
- See also individual databases in these Westlaw Directory sections:
- Area of Law - By Topic: Litigation: Treatises & Analytical Material
- Forms, Treatises, CLEs and Other Practice Material
- Litigation
- U.S. Federal Materials
- U.S. State Materials
- U.S. State Materials: Ohio: Court Rules & Orders
- U.S. State Materials: Ohio: Forms, Treatises, CLEs & Other Practice Material
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