Form book

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A form book is a tool used by attorneys to aid in the filing of pleadings, motions and other legal documents with a court or similar decision-making body. [1] A form book may be a bound volume or binder containing loose-leaf pages, containing forms, clauses and model documents that the attorney might use when preparing a legal document or court pleading. [2]

Contents

Purpose

Due to the exacting nature of legal forms and the time and effort required to prepare legal documents, form books were created as an aid in the drafting process. [3] These books conserve time and serve as a reference to attorneys and law students seeking to use them in their practice. The importance of these books is not to be underestimated, as a form lacking proper language or information may jeopardize court proceedings.

Forms can contain standard language to be used in court proceedings, or may more closely resemble a template which is to be filled in based on case specifics. Forms found in form books are often used as a reference, as the document that will be used must be tailored specifically to the court and situation in which it will be presented. In some cases, such as patent and bankruptcy, certain forms are legally required. [4]

Form books may be arranged chronologically, alphabetically, by subject, or by jurisdiction. They may also include additional resources such as outlines, research references, annotations, state considerations, and law practice checklists in addition to the forms.

The style, format, and information required in court documents differs from one jurisdiction to another, between different levels of courts in a system, and between different areas of law. Therefore, the companies that publish casebook and other legal materials often publish form books as well, offering selections specific to the location and type of practice in which their customers are engaged. Many publishers offer the forms in their books on computer discs. Some books may be accompanied by CD-ROMs or DVD-ROMs.

The advent of the Internet has lessened demand for printed form books. Many forms are now distributed freely by various courts, and others are available for free or online purchase. [5] [6] Forms online may be offered with drafting tools and other resources. [7]

Types of Form Books

There are several different categories of form books available. These differ in their organization, subject, and the nature of the information contained.

General Form Books

General form books usually fall into one of two categories: transactional, or covering pleading and practice processes. [8] Transactional (or legal) forms give examples of contracts, wills, leases, deeds, mortgages, and other substantive matters. Pleading and practice forms provide formatting and examples for legal language to be used in various court motions such as complaints, answers, and motions to dismiss. General form books are not state specific, and are annotated and cross-referenced. They are usually arranged alphabetically or encyclopedically and may provide a topical index to aid researchers in finding specific forms.

Form Books for Specific Subjects or Proceedings

Publishers can provide form books that discuss a specific type of practice. Topics which might have their own form books include real estate, business law, and tax.

Form Books Specific to Geographic Jurisdictions

Most states have form books containing state-specific forms. These can be published by various entities such as state courts or individual state bar association organizations. Other court systems may publish their own materials as well. [9]

Other Types of Form Books

Another type of form book is designed for those seeking legal forms but not trained as lawyers, commonly referred to as a “self-help” form book. [4] Topics included could be leases, wills, and contracts.

Topics Covered in Form Books

Typical forms included in a form book are a model complaint, answer, motion to compel discovery, motion for summary judgment, and request for permission to appeal. Other types of forms include: Transactional forms used to draft wills, contracts, and documents [10]

  • Procedural Forms used to draft pleadings, motions, and complaints
  • Real estate
  • General legal topics like partnerships, contracts, and leases
  • Bankruptcy
  • Business Forms
  • Taxes and securities

Related Research Articles

In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons that the filing party or parties believes are sufficient to support a claim against the party or parties against whom the claim is brought that entitles the plaintiff(s) to a remedy. For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading.

In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adjudicated in the action.

A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.

A paralegal is an individual who is employed or retained by a lawyer, law office, corporation, governmental agency, or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible. Paralegals perform tasks requiring knowledge of the law and legal procedures. The exact nature of their work and limitations that the law places on the tasks they are allowed to undertake vary between nations and jurisdictions. A paralegal is not a lawyer but is typically employed by a law office or internal legal department of a company. Paralegals generally are not allowed to offer legal services independently in most jurisdictions. Paralegals operate under a form of independent legal ethics and, with few exceptions, must also conduct their work under the formal supervision of an attorney. In some jurisdictions, paralegals can conduct their own business and are called law agents, providing services such as settlements, court filings, legal research and other auxiliary legal services; these tasks often have instructions from a solicitor attached.

A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word demur means "to object"; a demurrer is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying "So what?" to the pleading.

In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion may be called the movant, or may simply be the moving party. The party opposing the motion is the nonmovant or nonmoving party.

Discovery (law) Pre-trial procedure in common law countries for obtaining evidence

Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery.

Judicature Acts United Kingdom legislation

The Judicature Acts are a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts in England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875, with a further series of amending acts.

In law, filing is the act of submitting a document to the clerk of a court for the court's immediate consideration and for storage in the court's files. Courts will not consider motions unless an appropriate memorandum or brief is filed before the appropriate deadline. Usually a filing fee is paid which is part of court costs.

The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has seven months to veto the rules promulgated or they become part of the FRCP. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body.

A cause of action, in law, is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit. The legal document which carries a claim is often called a 'statement of claim' in English law, or a 'complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse.

Legal writing Pleading in civil and criminal law

Legal writing involves the analysis of fact patterns and presentation of arguments in documents such as legal memoranda and briefs. One form of legal writing involves drafting a balanced analysis of a legal problem or issue. Another form of legal writing is persuasive, and advocates in favor of a legal position. Another form legal writing involves drafting legal instruments, such as contracts and wills.

Legal English is the type of English as used in legal writing. In general, a legal language is a formalized language based on logic rules which differs from the ordinary natural language in vocabulary, morphology, syntax, and semantics, as well as other linguistic features, aimed to achieve consistency, validity, completeness and soundness, while keeping the benefits of a human-like language such as intuitive execution, complete meaning and open upgrade. However, Legal English has been referred to as a "sublanguage", as legal English differs from ordinary English. A specialized use of certain terms and linguistic patterns governs the teaching of legal language. Thus, "we study legal language as a kind of second language, a specialized use of vocabulary, phrases, and syntax that helps us to communicate more easily with each other".

In common law jurisdictions, a bill of particulars is a detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given upon the defendant's formal request to the court for more detailed information. A bill of particulars may be used in either criminal defense or in civil litigation.

Legal document assistant Non-lawyer who helps prepare legal documents

A legal document assistant in the United States is a non-lawyer authorized to assist with the preparation of legal instruments. Unlike a paralegal, legal document assistants do not work under the supervision of an attorney.

Wisconsin circuit courts

The Wisconsin circuit courts are the general trial courts in the state of Wisconsin. There are currently 69 circuits in the state, divided into 10 judicial administrative districts. Circuit court judges hear and decide both civil and criminal cases. Each of the 249 circuit court judges are elected and serve six-year terms.

The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts have authority to try cases with an amount in controversy of more than $4,500 and have exclusive original jurisdiction over claims for more than $25,000. In criminal matters, the Circuit Courts are the trial courts for all felony charges and for misdemeanors originally charged there. The Circuit Courts also have appellate jurisdiction for any case from the Virginia General District Courts claiming more than $50, which are tried de novo in the Circuit Courts.

Pleading in England and Wales is covered by the Civil Procedure Rules (CPR). These rules set a high priority on attempts to resolve all matters able to be resolved by the parties, prior to hearing.

Pleading in United States Federal courts is governed by the Federal Rules of Civil Procedure.

The following outline is provided as an overview of and topical guide to civil law:

References

  1. ↑ "Legal Forms". Duke Law. Duke University. Retrieved 7 September 2017.
  2. ↑ Kunsch, Kelly (27 June 2001). "Drafting Legal Documents: A Resource Guide". Seattle University Law Library. Retrieved 7 September 2017.
  3. ↑ "Basics Of Court Forms And Filings". Civil Self-Help Center. Legal Aid Center of Southern Nevada. Retrieved 7 September 2017.
  4. 1 2 "Legal Forms". Duke Law. Duke University. Retrieved 7 September 2017.
  5. ↑ Larson, Aaron (17 January 2015). "Finding Free Legal Forms Online - And Using Them Safely". ExpertLaw. Retrieved 7 September 2017.
  6. ↑ Hill, Catey (27 November 2015). "Don't buy legal documents online without reading this story". MarketWatch. Retrieved 7 September 2017.
  7. ↑ "FYI: Document Assembly". American Bar Association. Retrieved 7 September 2017.
  8. ↑ "How to Use Form Books" (PDF). Cooley Law School. Archived from the original (PDF) on 17 May 2008. Retrieved 7 September 2017.
  9. ↑ See, e.g., "Forms". Florida Southern District Court. U.S. Courts. Retrieved 7 September 2017.
  10. ↑ Christian, Elizabeth. "Form Books". Hugh F. McMillan Law Library. Emory Law. Retrieved 7 September 2017.
  1. https://www.irs.gov/formspubs Internal Revenue Service
  2. http://www.taxadmin.org/fta/link/FORMS.html Federation of Tax Administrators
  3. http://www.washlaw.edu/legalforms/ WashLaw Legal Forms
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