FRCP & CPLR

Below is a list of some of the primary research resources when you are doing litigation research involving either the Federal Rules of Civil Procedure (FRCP) or the NY Civil Practice Law & Rules (CPLR).  A few initial tips:

1. In addition to the FRCP & CPLR, always, always check for both relevant local rules and, possibly, Judge-specific rules which may modify the general rules, sometimes significantly.

2. FAQ: You've listed several different resources below that cover either FRCP or CPLR, how do I know which one to use?  Answer: Use all of them. You may find a relevant discussion or an important case citation in one that you do not find in the others.

3. And some day this is going to be useful: while some types of motions are specifically governed by Rules (like Rule 12 for motions to dismiss), at some point you will be asked to prepare a very specific motion (like a "Motion to Compel Defendant's Compliance with Amended Protective Order") and you're going to spend time looking for the relevant Rule - there isn't one.  While you need to comply with any general local or Judge rules on motion practice, you simply title your motion "Motion for . . . "

FRCP

Federal Rules of Civil Procedure - Westlaw's USCA has an annotated version of the FRCP that has the same research tools as are available for statutes, including Case Notes (selected by editors) and Citing References (which creates a custom pool of cases, secondary sources, etc that you can search against).

Federal Practice & Procedure (Wright & Miller) - Westlaw & in print - This is the classic Bible of federal practice - detailed (over 75 volumes), comprehensive & authoritative.


Moore's Federal Practice: Civil - Lexis & in print - The other classic treaties on federal practice, this one from Matthew Bender/Lexis.


One problem with Wright & Miller and Moore's is that depending upon what you are trying to research and in what depth, using these resources can sometimes feel like trying to drink out of a fire hose.  

For a more abbreviated, but very helpful source, try O'Connors Federal Rules Civil Trials 

For more treatises on specific litigation topics, also try browsing Westlaw Litigation Texts & Treatises

NY CPLR

Civil Practice Law and Rules - McKinney's annotated version of the CPLR that has the same research tools as are available for statutes, including Case Notes (selected by editors) and Citing References (which creates a custom pool of cases, secondary sources, etc that you can search against).

Carmody-Wait 2d New York Practice - Westlaw & in print - Accurately subtitled "an encyclopedic treatment of civil practice in New York" - 36 volumes.


New York Civil Practice (Weinstein, Korn & Miller) - Lexis & in print (on reserve) - A 15 volume set, extensive coverage, another bible.

Siegel's New York Practice (on reserve) - One-volume, classic work on New York practice.  Also is available on Westlaw - but not for normal law school subscriptions, not cool! - BUT now we do have access through ProView - use this link, which will require you to use your CUNY First credential and then search for Siegel's New York Practice and it is available there.  Or try this link to go there directly.