Cleveland-Marshall College of Law

Litigation Research Guide

Introduction
Related Guides
Quick Find Chart
General Sources & Handbooks: Ohio & Federal
Forms: Ohio & Federal
Rules: Ohio & Federal
Discovery & Depositions
Jury Instructions & Jury Verdicts
Expert Witnesses, Judges & Opposing Counsel
Trial Advocacy How-to Resources
Appellate Advocacy: Ohio & How-To Resources

 

Introduction

This research guide covers Ohio and federal litigation resources. The materials included in the guide are useful for preparing litigation primarily at the trial level - appellate level materials are included in the final section of the guide.

The majority of the major print sources are also available electronically through LexisNexis and Westlaw - be sure to check for individual sources online. [password only]. Most print materials are located in either the Reference collection or in the Ohio Room of the C-M Law Library. Click on the call number of library materials for full location and status information.

If you have additional questions on this legal area, contact a research librarian for assistance.

Related Guides

The C-M Law Library has created a number of other Research Guides. Guides that are especially useful as supplements to this guide include:

 

Quick Find Chart

Here are some quick suggestions if you are looking for...

 
in Ohio ...
in a national or federal jurisdiction...
Statutes of Limitations

Ohio Annotated Civil Laws and Rules Handbook - Statutes of Limitations and Repose Table pp. 1229-1232 KFO530 .A85

FAQ: Statute of Limitations (Cleveland Law Library Asso.)

 

Martindale-Hubbell Law Digest
for individual states. Online at Martindale Hubbell.com

Use index volume, under Statutes of Limitations, see specific action in Causes of Action, Westlaw,
KF8863 .S532, KF8863 .S53
Elements of Actions

Elements of an Action, on Westlaw,
KFO530 .E44

Anderson's Ohio Civil Practice, Lexis, KFO530 .A82

Ohio Jurisprudence 3d, Westlaw, - check articles on individual causes of actions KFO65 .O3543

Causes of Action, Westlaw,
KF8863 .S532, KF8863 .S53

Am Jur Trials, Westlaw, KF8915 .A74

Am Jur Proof of Facts, Westlaw, KF8933 .A43

American Jurisprudence 2d , Westlaw- check articles on individual causes of actions KF154 .A422

Remedies / Damages

Damages in Ohio Civil Practice
KFO530 .Z9 F9 2002

Ohio Jurisprudence 3d, Westlaw article on Damages and Contracts
KFO65 .O3543 Also on Lexis

Damages in Tort Actions
KF1250 .D35

Ball on Damages: The Essential Update: A Plaintiff's Attorney's Guide to Personal Injury & Wrongful Death Cases KF1250 .B355 2005

Causes of Action, Westlaw
KF8863 .S532

Am Jur Trials, Westlaw, KF8915 .A74

Am Jur Proof of Facts, Westlaw, KF8933 .A43

 

 

 

General Sources & Handbooks: Ohio & Federal

Researchers regularly turn to litigation classics such as Wright & Miller or Moore's Federal Practice at the federal level or the Trial Handbook for Ohio Lawyers at the state level for detailed guidance on legal issues. Sources such as these are often the first place to turn to orient yourself in the area of litigation research. Such seminal works are invaluable sources for citations to primary materials and to other secondary sources.

Another approach is to review subject-specific handbooks such as Ohio Driving Under the Influence Law KFO297.8 .P34 or Ohio Personal Injury Practice KFO539 .P4 I37.

Ohio

  • LexisNexis: Legal > States Legal U.S. > Ohio > Search Analysis & CLE Materials > Litigation Practice & Procedure This brings you to the main research area for Ohio litigation materials in LexisNexis.
  • Westlaw: Directory Location > All Databases > U.S. State Materials > Ohio
    This brings you to the main research area for Ohio litigation materials in Westlaw.
  • Trial Handbook for Ohio Lawyers, Westlaw, KFO538 .M32 - Fast access to basic principals of Ohio trial law, from jury selection to jury instructions.
  • Anderson's Ohio Pretrial Litigation Practice Manual, Lexis, KFO537 .C571
  • Baldwin's Ohio Civil Practice, Westlaw, KFO529 . A2 1997 - Explanation of the Ohio Civil Rules, organized by rule number.
  • Weissenberger's Ohio Civil Procedure Litigation Manual, Lexis, KFO540.W4
  • Ohio Jurisprudence 3d, Westlaw,Lexis, KFO65 .O3
  • Elements of an Action, Westlaw, KFO530 .E44
  • Ohio Motions in Limine, Westlaw, KFO540 .O34

Federal & General

 

 

 

Forms: Ohio & Federal

Forms are a part of every litigation attorney's arsenal of resources. Search these sources to located detailed and specific forms for practically every litigation situation in Ohio and the federal courts.

Ohio

  • LexisNexis : Legal > States Legal - U.S. > Ohio > Search Forms & Drafting Instructions
  • Westlaw: Directory Location > All Databases > U.S. State Materials > Ohio > Forms, Treaties, CLEs & Other Practice Material
  • Ohio Forms of Pleading and Practice, Lexis, KFO535 .M5
  • Couse's Ohio Form Book, Lexis, KFO68 .C66 - A transactional rather than a civil litigation formbook, but there are forms for divorce and probate proceedings, arbitration and bankruptcy.
  • Anderson's Ohio Civil Practice with Forms, Lexis, KFO530 .A82 - Chapters 1-10 contain forms relating to various stages of litigation, Chapters 11-144 relate to particular causes of action and give elements, defenses and sample pleadings; the remaining chapters are text material about civil and appellate procedure. The chapters regarding collecting judgments and garnishment are particularly useful.
  • Anderson's Ohio Civil Rules Practice with Forms, Lexis, KFO530 .M36 2007 - Forms for various stages of the litigation process. Does not have as many forms for particular causes of action as Anderson's Ohio Civil Practice, above.
  • Ohio Motions in Limine, Westlaw, KFO540 .O3
  • Ohio Summary Judgment and Related Termination Motions, Westlaw, KFO80 .M35 2008-2009

General / Federal

Books on how to write pleadings and motions

Briefs, Motions & Pleadings guide - to find actual briefs, motions & pleadings filed with the court

Forms and Practice Materials guide for more form resources

 

Rules: Ohio & Federal

Ohio

  • LexisNexis: Legal > States Legal - U.S. > Ohio > Find Statutes, Regulations, Administrative Materials & Court Rules > By Court Rules
  • Westlaw: Directory Location > All Databases > U.S. State Materials > Ohio > Court Rules & Orders
  • Anderson’s Rules Governing the Courts of Ohio KFO529 .A197. Lexis.
  • Fink, Greenbaum & Wilson, Guide to the Ohio Rules of Civil Procedure KFO529 .F5
  • Anderson's Ohio Civil Rules Practice with Forms, Lexis, KFO530 .M36 2006

Federal

  • LexisNexis: Legal > Area of Law - by Topic > Litigation Practice & Procedure > Find Court Rules
  • Westlaw: Directory Location > All Databases > Litigation > Court Rules
  • Federal Local Court Rules (3rd edition), KF8816 .A2 2001
  • Steven S. Gensler, Federal Rules of Civil Procedure (3rd edition), Westlaw, KF8820 .G45 2007 - treatise
 

Discovery & Depositions

Discovery

Depositions

  • Bradley G. Clary et al., Successful First Depositions KF8900 .C53 2001
  • How to Take and Defend Depositions, Westlaw
  • The Efffective Deposition, Techniques and Strategies that Work, Lexis
  • Anthony J. Bocchino, Winning at Deposition [videorecoding] KF8900 .W56 2005
  • Preparing the Law Witness for Deposition [videorecording] KF8900 .S67 2002
  • Taking and Defending Effective Depositions KFO537 .O48 (Ohio CLE)
  • Terrence J. Kenneally & Dennis R. Spirgen, Taking Your First Deposition in Ohio KFO537 .D4 2001 (Ohio CLE)
 

Jury Instructions & Jury Verdicts

Jury Instructions

Federal & General

Ohio

Standard Ohio Jury Instructions, written by the Ohio Judicial Conference. 

  • LexisNexis: Legal > States Legal U.S. > Ohio > Find Jury Instructions (OHJINS)
  • Westlaw: Directory Location > All Databases > U.S. State Materials > Ohio > Jury Instructions, Jury Verdicts & Judgments (OH-JI)
  • Ohio Jury Instructions KFO542 .A65 O36
  • Casemaker - from the Ohio State Bar Association. [Available on the public access workstations across from the information services desk. Otherwise, password only. Students may join the OSBA for free and get access.]

OSBA Jury Instructions

  • Casemaker - OSBA Jury Instructions are compiled from case law by the OSBA to fill in gaps in the standard instructions.

Books on how to write jury instructions

More.Resources for Jury Instructions.....

Jury Verdicts

  • For more, see: Jury Verdicts Research Guide.
  • JVR Personal Injury Valuation Handbooks KF1256 .A8 P477
  • LexisNexis: Legal > Area of Law - by Topic > Litigation Practice & Procedure > Find Briefs, Motions, Pleadings & Jury Verdicts > Jury Verdicts & Experts
  • Westlaw: Directory Location > All Databases > Litigation > Jury Verdicts, Settlements & Judgments
  • Westlaw: Directory Location > All Databases > U.S. State Materials > Ohio > Jury Instructions, Jury Verdicts & Judgments
  • West's Jury Verdicts Ohio Reports KFO539 .P4 .A518

 

Expert Witnesses, Judges & Opposing Counsel

Being prepared for litigation means more that just completing forms, taking depositions, conducting discovery, and instructing the jury. Attorneys turn to sources like those below to research key expert witnesses, judges and opposing counsel prior to commencing litigation.

Expert Witnesses

See Expert Witnesses - Additional Resources - for more.

  • LexisNexis: Legal > Area of Law - by Topic > Litigation Practice & Procedure > Find Briefs, Motions, Pleadings & Jury Verdicts > Jury Verdicts & Experts - will locate most of the sources on expert witnesses. Also try Total Litigator tab>Gather Intel> . Also try Daubert Tracker.
  • Westlaw: Directory Location > All Databases > Litigation > Expert Witnesses . For an easy combination search, try Litigation Tab, click on Dockets, Trial Filings and Jury Verdicts; go to the Experts heading. Also try PROFILER-EW
  • Cecil C. Kuhne, A Litigator's Guide to Expert Witnesses KF8961 .K84 2006

      Judges & Opposing Counsel

      • The most comprehensive for judges and lawyers:
        • Westlaw: Directory Location > All Databases > Litigation > Attorneys and Judges (includes a listing for PROFILER-WLD
        • LexisNexis: LexisNexis - Total Litigator>Early Case Assessment (Although law school subscription does not include LexisNexis Analyzer, which generates comprehensive reports)
      • Martindale Hubbell - Most useful for information on lawyers, but some info on judges.
      • The American Bench: Judges of the Nation KF8700 .A19 A47
      • Almanac of the Federal Judiciary KF8700 .A19 A4, also on Westlaw, AFJ
      • Many More Resources ...
 

Trial Advocacy How to Resources

Books

  • Michael E. Tigar,  The Nine Principals of Litigation and Life,    KF8915 .T552 2009
  • Francis L. Wellman, The Art of Cross-Examination KF8920 .W4 2009
  • James W. McElhaney, McElhaney's Trial Notebook ,4th ed , KF8915.Z9 M25 2005 A well respected tome full of quick, practical hints.
  • Goldberg & McCormack, The First Trial : Where do I sit? What do I say? in a Nutshell, KF8915.Z9 G59 2009.  
  • Kenney F. Hegland, Trial and Clinical Skills in a Nutshell, KF8915.Z9 H43 2005  
  • Navigating the Federal Trial, KF8915.Z9 N38 - on Westlaw, NAVFEDT
  • Preparing Witnesses : A Prractical Guide for Lawyers and their Clients / Daniel I. Small KF8950 .S63 2009

For more, look on the Atrium level and/or Room A066 at call number KF8915-8950.

How-to Videos

For more video, look in the basement level around call numbers 8900-9600. There are also some behind the reference desk.

Videos of Actual Trials, Pre-trial proceedings, Depositions, etc.

Audio Case Files and Courtroom Connect - Available to students and faculty who create an account using a college of law email address.

Click on Video Training Library to access real trial video highlights with commentary and analysis keyed to a breakdown of trial advocacy and litigation training topics. Includes opening and closing statements, direct examination, cross-examination and examining experts.

Click on Trial Video link at the top to browse a list. Or browse by practice area, jurisdiction or case name (links on the left side). To search for more specific types of proceedings, enter the following into the search box (without the quotes): "crl_cases summary judgement"; "crl_cases medical malpractice"; "crl_cases deposition"  etc.

Ohio Supreme Court Oral Argument Videos

U.S. Supreme Court Oral Arguments Audio from Oyez Project

U.S. Supreme Court Oral Argument Transcripts


    

 

Appellate Advocacy: Ohio & How-To Resources

Ohio

How-To Resources

These resources provides strategies, tips and advice on appellate advocacy. Most how-to resources for appellate advocacy are located in room AO66.

 

AEB/SA
September 2008

Links checked 7/14/2009, SA


Cleveland-Marshall College of Law 2121 Euclid Avenue, LB 138, Cleveland, Ohio 44115