Answer to Question 1
Understanding and meeting procedural requirements is essential in the litigation process. These requirements are spelled out in the procedural rules of the court in which a lawsuit is brought. All civil trials held in federal district courts are governed by the Federal Rules of Civil Procedure (FRCP). These rules specify what must be done during the various stages of the federal civil litigation process. For example, FRCP 4 (Rule 4 of the FRCP) describes the procedures that must be followed in notifying the defendant of the lawsuit. Each state also has its own rules of civil procedure (which in many states are similar to the FRCP). In addition, many courts have their own rules of procedure that supplement the federal or state rules. The attorney and the paralegal must comply with the rules of procedure that apply to the specific court in which the trial will take place.
Answer to Question 2
When preparing a file work-up memo, a paralegal should include the following:
Summarize the information that has been obtained about the case.
Suggest a plan for further investigation in the case.
Suggest additional information that might be obtained during discovery.
Include a list of suggested expert witnesses to contact, explaining which might be preferable and why.
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