Procedural Strategies for Litigators in Alberta, 2nd Edition
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The first Alberta practice guide to use court procedural rules effectively and strategically to strengthen a party's position in a law suit, and increase the efficiency of litigation, this work will be invaluable for both novice and experienced litigators.
A procedural guide to litigation, from pre-commencement to appeals, this book offers tactical and strategic suggestions as to how to advance a case, lists of questioning (discovery) topics of enquiries and factors to consider in various situations, such as suitability for certain types of trial, while adhering to civil procedure rules.
- Proven courtroom strategies and tactics, plus expert practice commentary from a seasoned litigator
- Advice as to how to deal with difficult lawyers
- Conducting settlement negotiations
- Tips for managing and preparing witnesses, to minimize unpleasant surprises which might harm the case
- Tactical considerations regarding information and evidence gathering, saving preparation time for trial
- Advice about using the appeal process to strategic advantage, which helps in assessing financial risks for the client
What’s New in this Edition?
- Revised discussion regarding “litigation hold” letters and hyperlinking the chronology of events
- New section on Electronic Discovery
- New section on Undertakings
- Significantly revised commentary on the test for summary judgment applications with discussion of Alberta cases Stefanyk v Sobeys Capital Inc. and Rotzang v CIBC World Markets Inc.
- Advice on how to deal with opposing counsel
Why Should Lawyers Buy This Book?
- Adept and skillful in handling court procedural rules often leads to success on substantive issues at trial
- Promotes efficiency and organization of all aspects of the litigation process
- Provides counsel with the tools to effectively and economically litigate all manner of civil disputes
- Contains a useful outline for questioning (discovery), and another for organizing a litigation file
Who Should Read This Book?
- Litigation lawyers – learn how to use court procedures and court procedural rules to ones advantage
- Articling students – understand the way the Rules work in real practice
- Law school professors and academics – a unique perspective on the practical application of the new rules, useful in teaching civil procedure
Table of contents
Chapter 1: Introduction
Chapter 2: Pre-commencement
Chapter 3: Pleadings
Chapter 4: Settlement and Alternate Dispute Resolution
Chapter 5: Document Production
Chapter 6: Questioning and Related Discovery Processes
Chapter 7: Interlocutory Matters
Chapter 8: Expert Evidence
Chapter 9: Summary Proceedings
Chapter 10: Trial Preparation
Chapter 11: Trial
Chapter 12: Common Problems
Chapter13: Small Claims
Chapter 14: Appeals