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 West Group's Causes of Action
KF8863 .S532 or Shepard's Causes of Actions KF8863 .S53
Elements of Actions

Elements of an Action
KFO530 .E44

Anderson's Ohio Civil Practice
KFO530 .A82

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

West Group's Causes of Action
KF8863 .S532

Shepard's Causes of Action
KF8863 .S53

Am Jur Trials KF8915 .A74

Am Jur Proof of Facts KF8933 .A43

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

Remedies / Damages

Damages in Ohio Civil Practice
KFO530 .Z9 F9 2002

Ohio Jurisprudence 3d article on Damages and Contracts
KFO65 .O3543

 

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

West Group's Causes of Action
KF8863 .S532

Am Jur Trials KF8915 .A74

Am Jur Proof of Facts 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 KFO538 .M32
  • Anderson's Ohio Pretrial Litigation Practice Manual KFO537 .C571
  • Baldwin's Ohio Civil Practice KFO529 . A2 1997
  • Weissenberger's Ohio Civil Procedure Litigation Manual KFO540.W4
  • Anderson's Ohio Civil Laws and Rules Handbook KFO530 .A85
  • Ohio Jurisprudence 3d KFO65 .O3
  • Elements of an Action KFO530 .E44
  • Ohio Motions in Limine KFO540 .O34

Federal & General

  • LexisNexis: Legal > All Databases > Litigation
    This brings you to the main research area for federal litigation materials in LexisNexis.
  • Westlaw: Directory Location > All Databases > Litigation
    This brings you to the main research area for federal litigation materials in Westlaw.
  • Wright & Miller, Federal Practice and Procedure KF8840 .W68
  • Moore's Federal Practice (3rd edition) KF8840 .M64
  • West's Federal Procedure KF8835 .F43
  • Richard A. Givens, Manual of Federal Practice (5th edition) KF8840 .G56
  • R. Lawrence Dessen, Pretrial Litigation in a Nutshell KF8900 .D49 2008
  • American Jurisprudence: Trials KF8915 .A74
 

 

 

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 KFO535 .M5
  • Couse's Ohio Form Book (6th edition) KFO68 .C66
  • Anderson's Ohio Civil Rules Practice with Forms KFO530 .M36 2007
  • Ohio Motions in Limine KFO540 .O3
  • Ohio Summary Judgment and Related Termination Motions KFO80 .M35 2008-2009

General / Federal

  • LexisNexis: Legal > Area of Law - By Topic > Litigation Practice & Materials > Search Forms & Drafting Instructions
  • Westlaw: Directory Location > All Databases > Litigation > Forms
  • American Jurisprudence Pleading and Practice Forms Annotated KF8836 .A45
  • Bender’s Federal Practice Forms KF8836 .F78
  • West Group’s Causes of Action KF8863 .S532 and Shepard’s Causes of Action KF8863 .S53
  • Bender's Forms of Discovery KF8900 .A3 B4

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
  • Fink, Greenbaum & Wilson, Guide to the Ohio Rules of Civil Procedure KFO529 .F5
  • Anderson's Ohio Civil Laws and Rules Handbook KFO530 .A85
  • Anderson's Ohio Civil Rules Practice with Forms KFO530 .M36 2006

Federal

  • LexisNexis: Legal > Area of Law - by Topic > Litigation Practice & Procedure > Find Court Rules [password only]
  • 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) KF8820 .G45 2007
 

Discovery & Depositions

Discovery

  • Bender's Forms of Discovery KF8900 .A3 B4
  • Douglas Danner, Pattern Discovery: Tort Actions (3rd edition) KF8900 .D332
  • Douglas Danner, Pattern Discover: Employment Discrimination (2nd edition) KF8900 .D32

Depositions

  • Taking and Defending Effective Depositions KFO537 .O48
  • Bradley G. Clary et al., Successful First Depositions KF8900 .C53 2001
  • Anthony J. Bocchino, Winning at Deposition [videorecoding] KF8900 .W56 2005
  • Preparing the Law Witness for Deposition [videorecording] KF8900 .S67 2002
  • Terrence J. Kenneally & Dennis R. Spirgen, Taking Your First Deposition in Ohio KFO537 .D4 2001
 

Jury Instructions & Jury Verdicts

Jury Instructions

  • LexisNexis: Legal > Area of Law - by Topic > Litigation Practice & Procedure > Find Jury Instructions Federal materials.
  • LexisNexis: Legal > States Legal U.S. > Ohio > Find Jury Instructions
  • Westlaw: Directory Location > All Databases > Litigation > Jury Instructions
  • Westlaw: Directory Location > All Databases > U.S. State Materials > Ohio > Jury Instructions, Jury Verdicts & Judgments
  • Another source for electronic Ohio jury instructions is Casemaker, from the Ohio State Bar Association. [Availabe on the public access workstations across from the information services desk. Otherwise, password only. Students may join the OSBA for free and get access.]
  • Leonard B. Sand, et al., Modern Federal Jury Instructions KF8984 .A65 M6
  • Kevin F. O'Malley, et al., Federal Jury Practice and Instructions (6th edition) KF8984 .D4
  • Ronald W. Eades, Jury Instructions on Damages in Tort Actions (5th edition) KF8984 .E342
  • The National Jury Verdict Review and Analysis KF1247.8 .N36
  • Ohio Jury Instructions KFO542 .A65 O36
  • Books on how to write jury instructions

Jury Verdicts

 

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

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

Videos

For more video, look in the basement level around call numbers 8900-9600.


    

 

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.

  • Ruggero J. Aldisert, Winning on Appeal: Better Briefs and Oral Argument KF9050 .A935 2003
  • Mary Beth Beazley, A Practical Guide to Appellate Advocacy (2nd edition) KF251 .B42 2006
  • Gregory A. Castanias and Robert H. Klonoff, Federal Appellate Practice and Procedure in a Nutshell KF9050 .Z9 F43 2008
  • Ralph Adam Fine, The How-To-Win Appeal Manual: Winning Appellate Advocacy in a Nutshell KF9050 .F56 2008
  • Michael R. Fontham et al., Persuasive Written and Oral Advocacy in Trial and Appellate Courts KF251 .F658 2007
  • Antonin Scalia & Bryan A. Garner, Making Your Case: The Art of Persuading Judges KF8870 .S28 2008
 

AEB/SA
September 2008


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