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Product Description
Motions practice is one of the most important and one of the most challenging aspects of trial practice. For most lawyers, motions practice will likely be their first and most frequent courtroom experience. Learning how to handle the written and oral motions, as well as effectively marshaling related evidentiary materials, is vitally important to your advocacy success. Pleadings and Motions is the seventh volume in NITA’s Practice Commentaries series. This publication is designed to present a brief and focused review of the basic issues and practice concepts surrounding pleadings and motions, particularly the Federal Rules of Civil Procedure, Part III Pleadings and Motions, Rules 7 through 25. In addition, Sarah Duckers provides a primer of motion practice. Also included are commentaries on the Anti-Injunctions Act and the All Writs Act. The Anti-Injunctions Act was one of the earliest pieces of legislation dating from 1793 and is intended to prevent federal courts from interfering with matters before state courts. The All Writs Act, of more recent origins, is the mirror image and is intended to prevent the use of a state court to frustrate a federal action. Both are often overlooked but extremely powerful litigation tools. Contributors include: Sarah A. Duckers, Attorney at Law; Professor David A. Sonenshein, Temple University Beasley School of Law; and Professor Georgene M. Vairo, Loyola Law School, Los Angeles, California.
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