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Civil Procedure Research Guide 

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BASIC BACKGROUND INFORMATION

Office of the Administrator for the Courts, State of Washington, Citizen’s Guide to Washington State Courts. An overview of the Washington Court System that includes information on the four levels of court, types of cases, trial process, and alternative dispute resolution. For the superior courts, the guide details the jurisdiction, appeals, districts, judges and court support personnel.

Nolo, Representing Yourself in Court. General information on a range of issues related self-representation from selecting the appropriate jurisdiction in which to file to how to conduct oneself in court.

Cornell Legal Information Institute, Civil Procedure: An Overview (last visited Oct, 2008). A short, basic overview of civil procedure written for the non-attorney. Explains the role of the procedural system and the distinction between procedural and substantive law.

PRIMARY LAW SOURCES

Washington Court Rules – State

Washington Court Rules – Local Rules, available through the Washington State Courts website, the King County Superior Court Clerk's website, and the King County District Court.

Wash. Rev. Code § 4.04 et seq. (2004), available at www.legalwa.org.
Also available at the Washington State Legislature's website.


SPECIALIZED SECONDARY SOURCES

Books for the Non-Attorney

Paul Bergman & Sara J. Berman-Barrett, Represent Yourself in Court: How to Prepare and Try a Winning Case (Nolo 3d ed. 2000). Breaks down the trial process into “easy-to-understand” steps for the non-attorney. Includes instructions on filing court papers, complying with courtroom procedures, understanding and applying rules of evidence, and getting limited help from an attorney on an as-needed basis.

Joseph L. Matthews, The Lawsuit Survival Guide: A Client's Companion to Litigation (Nolo 1st ed. May 2001). Written to help clients understand legal proceedings and “save you and your lawyer time, money and aggravation,” this guide explains the litigation process clearly and concisely for the non-attorney.

Pro Se Handbook (Nicholas Wagner and Patricia H. Wagner eds., King County Bar Association 3d ed. 2006). A practical, concise guide to acting pro se in King County Superior Court that gives an overview of civil procedure from the decision to represent oneself to post-trial procedures. Includes answers to frequently asked questions and sources for additional information.

Secondary Sources for the Attorney

Timothy J. Wilson & Mark E. Koontz, Washington Lawyer’s Practice Manual (King County Bar Association 2003). The “Civil Trial Practice” section of this multivolume series provides step-by-step instructions for civil trials. Although written for attorneys, includes practical information useful to the non-attorney such as a guide to the King County Courthouse and the Clerk’s Office.

15A Karl B. Tegland & Douglas J. Ende, Washington Practice: Washington Handbook on Civil Procedure (2003). Provides extensive commentary on each step of civil procedure as well as examples of how rules are applied and cross references for additional research. Includes selected procedural statutes and court rules for Superior Court.

David D. Swartling ed., Washington Civil Procedure Deskbook (Washington State Bar Association 1997). Organized by rule number, this practitioner-written deskbook includes the rule text and history, purpose and procedure, analysis, significant authorities, and practical tips. Provides a clear comparison of how the Washington rules compare with the corresponding federal rules.

1-1C Kelly Kunsch, Washington Practice: Methods of Practice 1-14 (4th ed. 1997). The civil procedure chapters of the methods volumes provide an overview of civil procedure in Washington. Includes selected forms and citations to case law and court rules. Organized to match the chronology of litigation rather than court rule number.

Sources for Rules and Forms

Susan E. Foster and Marie G. Aglion, Washington Court Rules Annotated (Thomson West 2d 2004). Includes the text of each rule with brief editorial commentary. Annotations include notes, cross references to related sections, law review and journal commentary, collateral references (Am Jur, ALR, etc.) and a discussion of relevant court decisions.

3A-4B Lewis H. Orland & Karl B. Tegland, Washington Practice: Rules Practice (4th ed. 1992). Arranged by rule number, these volumes focus specifically on Washington Superior Court civil rules. In addition to the text of each rule, the volumes’ include commentary from state and federal advisory committees and references to law reviews and cases.

9-10A David E. Breskin, Washington Practice: Civil Procedure Forms: With Practice Comments (3d 2000). A comprehensive set of sample forms organized by civil rule number. Focusing on Washington’s Superior Courts, includes rules, commentary, forms and citation to cases.

Formatting Legal Documents, from Legal Voice (formerly known as the Northwest Women's Law Center).

Declaration Form for General Civil Action

Sources for Trial

W. George Bassett, Washington Civil Trial and Evidence Manual (Washington State Bar Association 4th ed 1994). Arranged alphabetically by subject, this manual is designed to “provide counsel with quick answers to questions that arise during trial.” Emphasizing the law of evidence, each entry includes a brief statement of the rule of law followed by selected case citations.

Dale M. Foreman, Washington Trial Handbook (1988). Written for the trial lawyer, this handbook details trail procedure and provides practical tips (often in checklist format). Includes case law citations and research references.

14-15 Lewis H. Orland & Karl B. Tegland. Washington Practice: Trial Practice (5th ed. 1996). A detailed treatment of trial practice. Includes extensive citations to relevant rules.

MAJOR ONLINE SOURCES

King County Superior Court Clerk's Office, Department of Judicial Administration.

Washington Courts, Court Forms and Instructions.

Washington State Bar Association, Public Resources.

Washington Law Help, More Legal Information.

Nolo, Lawsuits & Mediation.











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Last Updated: 7/8/09