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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.
Features
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