2011 California Conference on Self-

Represented Litigants

Finding Forms – What Free Resources are Available at the

Law Library

June 9, 2011

Types of Form Books

• Transactional: Generally of a business or transactional nature. Include forms for contracts, wills, trusts, quit claim deed, leases, etc.

• Pleading and Practice: Used when filing papers in most court proceedings. Include form language for complaints, answers, motions, etc.

Form Books

Contain both sample forms and explanations about how to use the forms Can be categorized:

- General - Jurisdictional (e.g., state-specific, federal)- Subject-specific

Available on LexisNexis, Westlaw, CEB OnLaw and EBSCO database, Legal Information Reference Center

Finding Form Books

• Law Library Catalogs• Your Public Law Library – Council of California County Law Librarianshttp://www.publiclawlibrary.org/

• Key California Publishers Lexis/Matthew Bender; California Continuing Education of the BAR (CEB); Thomson West (Rutter Group, Bancroft Whitney); Nolo

How do I Find Form Books at the LA Law Library?

Add the word “forms” to your keyword search in the Library’s catalog: http://www.lalawlibrary.org/Combine multiple keywords:

- California- Federal- Forms- Drafting- Subject area of law (e.g., “civil procedure” or bankruptcy)

Example: A keyword search including the following terms: California probate trust forms

LA Law Library’s Catalog

LA Law Library’s Catalog

LA Law Library’s Catalog

LA Law Library’s Catalog

General Form Books

Not specific to California

•Bender’s Forms of Discovery (Main KF8900.A3 B46 1963) (also available on LexisNexis) •American Jurisprudence Pleading and Practice Forms Annotated (Main KF8836.A45)•American Jurisprudence Legal Forms (Main KF170.A542)•West’s Legal Forms (Main KF170.W47)

Tip: When looking for an appropriate form or procedure that goes with it, it is best to start with the publication that is specific to your jurisdiction (e.g., state, federal).

Popular California Form Books and Practice Guides• LexisNexis Matthew Bender

- California Forms of Pleading and Practice- California Points and Authorities- California Legal Forms: Transaction Guide

• Rutter Group California Practice Guide Series

• California Continuing Education of the Bar (CEB) Practice Guides

• Bancroft-Whitney California Transaction Forms and California Civil Practice series

California Form Books: Pleading/Practice

•California Forms of Pleading and Practice Annotated (RR KFC1010 .A65 C3; also available on LexisNexis)

-Title emphasizes forms but so much more-Encyclopedic coverage-Litigation-oriented-Obscure topics-55 loose-leaf volumes organized by topic (alphabetically on spine)-2 volume index at end of set

California Form Books: Pleading/Practice

•California Points and Authorities (RR KFC1010 .C34; also available on LexisNexis)

-Citations to legal authorities for drafting memorandums of points and authorities- Litigation-oriented- 24 loose-leaf volumes organized by topic (alphabetically on spine)- 1 volume index at end of set

California Form Books: Transactional

California Legal Forms Transaction Guide (RRKFC68 .C32 c.3; also available on LexisNexis)

-36 loose-leaf volumes, organized by non-litigation practice areas

-Business and nonprofit organizations-Real estate transactions-Commercial transactions-Wills & trusts-Contracts

-Chapters take transactional approach

California Subject Specific Form Books

−Civil Procedure Before Trial Forms (Rutter) (RR KFC1020 .C32 2004, also available on Westlaw)

−California Civil Litigation Forms Manual (CEB) (RR KFC1020 .A65 C34, also available on CEB OnLaw)

−West’s California Code Forms: Civil Procedure (RR KFC995.A65 O35 2006,

also available on Westlaw)

California Practice Guides

Tip: Sample forms are also included in practice guides, often in an Appendix, at the end of a chapter or in a separate companion compact disk.

−Rutter California Practice Guides (also available on Westlaw)

−CEB (California Continuing Education of the Bar) publications (also available on CEB OnLaw)

−Bancroft-Whitney’s California Civil Practice series (also available on Westlaw)

Rutter Guides

- California State and California Federal Courts- Sets of 1 to 4 loose-leaf volumes- Cover broad subject areas- Commonly referred to by author or by color of set

-Civil Procedure Before Trial – Gray-Federal Civil Procedure Before Trial – Red-Family Law – Brown-Landlord-Tenant – Purple

-Also available on Westlaw

CEB Practice Guides

- California State Courts- Sets of 1 to 3 loose-leaf volumes- More specific than Rutter Guides

-California Eviction Defense Manual (CEB) vs. California Practice Guide: Landlord-Tenant (Rutter)

- Also available on CEB OnLaw

Self-Help Form Books

Self-Help Form Books

− Litigation by the Numbers (Lawdable Press) (SHC KFC995.A65 G67 2003) Popular California Nolo titles (also available on EBSCO, Legal Information Reference Center)− Win Your Lawsuit (SHC KFC968 .W56)− How to do your Own Divorce in California (SHC KFC126 .H69 )− California Tenants’ Rights (SHC KFC145 .C37)

− 101 Law Forms for Personal Use (SHC KF170 .O54)

Form Books Online

Library databases- LexisNexis- Westlaw- CEB OnLaw- EBSCO, Legal Information Reference Center (Nolo)

LexisNexis

Sample Questions

• I had a default judgment entered against me. Can I get it removed? Is there a form?

• California Forms of Pleading and Practice Annotated (Lexis/Matthew Bender), Volume 43 Chapter 489 Relief From Judgments and Orders

• California Points & Authorities (Lexis/Matthew Bender), Volume 7, Chapter 70 Defaults

• California Practice Guide. Civil Procedure Before Trial Forms (Rutter), Chapter 5. Defaults

LexisNexis

LexisNexis

Sample Questions

• Where can I find the form for a Power of Attorney?

• California Legal Transaction Guide (Lexis/Matthew Bender), Division VII Personal Transactions, Chapter 98 Powers of Attorney

• California Transactions Forms – Estate Planning (Westlaw) Chapter 8 Durable Powers of Attorney

LexisNexis

LexisNexis

Westlaw

Westlaw

Westlaw

Westlaw

Westlaw

Sample Questions

• Where can I find the form for a petition for a writ of mandate?

• California Practice Guide. Civil Appeals and Writs (Rutter), Chapter 15. Writs

• California Forms of Pleading and Practice Annotated (Lexis/Matthew Bender), Volume 31 Chapter 358 Mandate and Prohibition

• California Civil Writs Practice (CEB), Chapter 28 Court of Appeal and Supreme Court Forms

Westlaw

Westlaw

Westlaw

Westlaw

CEB OnLaw

Sample Questions

• Where can I find the form for a demurrer?

• California Civil Procedure Before Trial (CEB) Chapter 23 Demurrers

• California Practice Guide: Civil Procedure Before Trial Forms (Rutter) Chapter 7A Attacking the Pleadings

CEB OnLaw

CEB OnLaw

CEB OnLaw

CEB OnLaw

Sample Questions

• I need to request a continuance. Where can I find the form?

• California Forms of Pleading and Practice Annotated (Lexis/Matthew Bender), Volume 13 Chapter 126 Continuances

• California Civil Procedure Before Trial (CEB), Chapter 42 Trial Preferences and Continuance Motions

CEB OnLaw

CEB OnLaw

Nolo

Sample Questions

• Where can I find the form to sue someone in California State Court?

• Win Your Lawsuit (Nolo)• Litigation by the Numbers (Lawdable

Press)• California Forms of Pleading and

Practice Annotated (Lexis/Matthew Bender), Volume 12, Chapter 123 Complaints and Cross Complaints; Volume 45, Chapter 518 Service of Summons and Other Papers; Volume 37, Chapter 425 Pretrial Proceedings

Nolo

Nolo

Nolo

Sample Questions

• I am being sued by a credit card company. What form do I use to respond?

• Win Your Lawsuit (Nolo)• Litigation by the Numbers (Lawdable

Press)• California Forms of Pleading and

Practice Annotated (Lexis/Matthew Bender), Volume 3, Chapter 26 Answers

Nolo

Drafting a Pleading

• For state courts, must be created per California Rules of Court 2.100 – 2.119 in legal format on pleading paper

• Format of a California complaint in California Forms of Pleading and Practice, ch. 123 – Complaints

• To create pleading, use Microsoft Word (versions 2003 and earlier) Pleading Wizard

Start Pleading Wizard

Sample: First-Page Format of Pleading Template

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