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Correcting Errors Sua Sponte

This section discusses correcting errors sua sponte after entry of judgment in a criminal case.
Keywords: clerical errors, sentencing errors, judicial errors, inherent authority, credit for time served, motion for appropriate relief

Motions for Appropriate Relief (Updated September 2024)

This section discusses motions for appropriate relief and covers, among other things, the timing of such motions, the grounds that may be asserted in them, and procedural default and other procedural issues such as hearings and appeal.
Keywords: MAR, newly discovered evidence, post-conviction

Defendants' Objection to Early Disposal of Biological Evidence

This section discusses motions for DNA testing and early disposal of biological evidence.
Keywords: post-conviction testing

Ineffective Assistance of Counsel (Updated May 2023)

This section discusses the types of ineffective assistance claims and the standards that apply to each type of claim.
Keywords: attorney error, Strickland, Cronic, denial of counsel, Cuyler, conflict of interest, Harbison, admission of guilt

Time Limits on Rule 12(b) Motions

This paper sets out the deadlines by which the various kinds of motions under Rule 12(b) for failure to state a claim must be made.
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Dismissal for Failure to Prosecute

This paper discusses when it is appropriate to dismiss a case under Rule 41 for failure to prosecute. The discussion includes the consideration of lesser sanctions, what constitutes a failure to prosecute, and appeals from such dismissals.
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Civil Discovery Sanctions

This chart shows the sanctions available under Rule 37 for failure to respond to discovery requests or to otherwise comply with the rules of discovery in civil cases. The chart shows when awards of attorney's fees and expenses are permissible.
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Prospective Jurors

This section gives recommended standard instructions to be read to prospective jurors after excuses have been heard and before voir dire begins. It explains the purpose of voir dire, includes admonitions on not being influenced by news media coverage, and discusses the importance of being fair and impartial.
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Before Selection in Case

This paper gives recommended standard instructions to be read to jurors before selection for a specific civil case begins. It includes information on the parties and lawyers to the case, the burden and standard of proof, the role of the jury, and the voir dire process.
Keywords: Voir dire

After Impaneled

This section recommends standard instructions to read to jurors after they have been impaneled in a civil case and before the trial begins. It includes an explanation of opening statements and objections to evidence as well as admonitions about not discussing or reading about the case, not forming an opinion, and remaining fair and impartial.
Keywords: Voir dire