It is a common question for reference staff......where can court rules be found?  Researchers may need something as common as the Federal Rules of Civil Procedure or as minuscule as the Alabama State Bar Client Security Fund Rules. This article will attempt to describe how state and federal court rules are organized and where they may be found in the Law Library.

Rules for Federal Jurisdictions

When looking for federal rules, a good starting point is shelf 166 in the reference section of the Law Library. The most commonly requested federal rules, i.e., Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, Federal Rules of Evidence and Federal Rules of Appellate Procedure can all be found in one set  entitled Moore’s Federal Rules Pamphlet: 1999-2000
(KF8820/.A313/M63/Rules Pamphlet/Reference) located in the reference section.  This annually- updated four volume set of red paperbacks also provides some limited annotations.   Another location for these rules is in the various versions of the United States Code (shelves 122 and 123).  United States Code Service does a particularly good job of organizing federal rules in several volumes shelved after title 50 and includes rules for special courts such as Court of Federal Claims, Court of International Trade, United States Tax Court, Court of Appeals for the Armed Forces and Court of Veterans Appeals.

The reference section also contains several looseleaf services or updated treatises which contain the federal rules and  annotations for those rules:

Moore’s Federal Practice, 3rd Edition (KF8820/.A313/M63/-1997/Reference) by James M. Moore (1999) is a large, multi-volume set that provides extensive annotation for federal civil procedure rules, criminal procedure rules, appellate procedure rules and Supreme Court rules.  These annotations provide judicial interpretation of the rules as well as a “historical appendix” for each rule with legislative histories and historical analysis of the rule.  Updated 1999.

Weinstein’s Federal Evidence, 2nd Edition (KF8935/.W39/1997-
Reference), Joseph M. McLaughlin, ed., is a multi-volume looseleaf service providing extensive nnotation of the Federal Rules of Evidence.  The set is organized so that the chapter and section numbers also indicate the evidence rule number involved (i.e., sec. 103.11[1] is a discussion of aspects of Rule 103).  Each rule is treated with an historical appendix. Updated 1999.

Federal Evidence, 2nd Edition (KF8935/.L68/1994/Reference) by Christopher B. Mueller and Laird C. Kirkpatrick (1994) is a multi-volume treatise updated by pocket part which provides extensive annotations for the Federal Rules of Evidence. While the section numbers do not provide any guidance in looking up a particular evidence rule, the rule discussed is listed on each page under the section number. 1999 pocket part.

Federal Rules of Evidence Manual, Seventh Edition (KF8935/.S2/1998/Reference) by Stephen A. Saltzburg, Michael M. Martin, Daniel J. Capra (1998) is a multi-volume treatise with pocket part update that provides an “editorial explanatory comment”, legislative history and annotated cases for each rule.  Very readable. 1999 pocket part.

Federal Rules of Evidence: Rules of Evidence for the United States Courts and Magistrates, 2nd Edition (KF8935/.R65/1978) by Paul F. Rothstein (1999).  This one volume looseleaf provides a “practice comment” after each rule and also an “advisory committee’s note.” Updated 1999.

Federal Practice and Procedure, 2nd Edition (KF9619/.W7/Reference) by Charles Alan Wright et al. (1982). This multi-volume set updated with pocket parts provides extensive discussions for federal civil, criminal, appellate and evidence rules.  Section numbers are not indicative of rule number coverage though rule numbers are listed under the section numbers at the top of each page.  Also, rule number coverage is imprinted on the spine of affected volumes. 1999 pocket part.

Local Rules of Federal Courts

Local procedural rules of  federal courts are not included in the typical sets of federal court rules.  These rules often deal with mundane procedural issues, such as the size of paper needed for filing a motion in that court. Where can these rules be found?  Federal district and circuit court rules can be located in a multi-volume set, Federal Local Court Rules, 2nd Edition, located on shelf row 117, First Floor.  A second option for finding federal circuit rules is volume 21 of Moore’s Federal Practice, 3rd Edition (KF/8820/.A313/M63/1997/-Reference); this service does not provide district court rules, however. Another possible option is to look for a  West Group “Rules of Court: Federal” deskbook pamphlet for the state involved (the publisher does not provide this publication for all states).  These paperbacks will provide both federal district and circuit court rules pertaining to that state.  For example,  the publication for Alabama, Alabama Rules of Court: Federal, 1999 contains district court rules and bankruptcy rules for the Northern, Southern and Middle Districts of Alabama, as well as Federal Rules of Appellate Procedure with Eleventh Circuit Rules and Internal Operating Procedures.

Bankruptcy Rules

The Federal Rules of Bankruptcy Procedure  are not included in most of the aforementioned publications. Here are some sources of bankruptcy court rules in the Law Library:

2000 Collier Pamphlet Edition, Part 2: Bankruptcy Rules (KF/1511.5/B32/2000) by Mary Davies Scott and Lawrence P. King.  This publication provides some case commentary, advisory committee notes and an overview with each of the rules.

2000 Collier Portable Pamphlet: Full Text of Bankruptcy Code and Rules (KF/1511.5/.B35/2000) is a source that provides an unannotated version of the rules.

Bankruptcy Code, Rules and Forms, 1999 Edition (KF1511.596/- .A2/1999).  Rules with committee notes begin on page 569.

Bankruptcy Service, Lawyers Edition (KF/1520/.B36/1979) is an annually updated looseleaf service providing advisory committee notes, digest of decisions and research guide under each listed rule.  In locating discussions about a particular rule, the researcher can turn to volumes 6 and 6A to find the referenced rule numbers at the top of each  inside page margin.

State Court Rules

State court rules are organized and published in a similar manner to those on the federal level. They can typically be found in the state’s statutory code and “Rules of Court” paperback deskbook. The West Group deskbook for Alabama, Alabama Rules of Court: State, 1999 (KFA/529/.A214/1999/Reserve) provides not only the civil, criminal, evidence and appellate rules, but also an abundance of special subject rules (i.e., Rules of Judicial Administration, Rules of Professional Conduct, Rules of Juvenile Procedure, etc.).  All of the rules are listed on the handy “Margin Index” on the back cover of this deskbook. Volume 23 of the Code of Alabama 1975 also includes civil, criminal, appellate, juvenile and evidence rules.

Other states’ rules are most likely to be found in the state code section (First Floor, north side).  Most will be published in a pattern similar to Alabama’s; the state code will contain  the commonly needed rules and a separately published deskbook, normally shelved after that state’s code,  will provide more extensive coverage (for those states in which it is published).

Online Research

As with a multitude of other information sources, the many rules of court are quickly being added to sites on the internet. .  For Alabama court rules, a good source is http://www.alacourt.org/rules/rules.htm. A good starting point for all of the federal court rules is http://www.currentlegal.com/uscourtrules/index.html.  A good site for finding homepages of state courts and hopefully, their rules, is http://www.ncsc.dni.us/court/sites/courts.htm .As with all other free sources on the Internet, researchers should be wary of the currency and the accuracy of rules found in this manner.

Of course, LEXIS and WESTLAW are also a continuing source of federal and State court rules.  In order to get to the Alabama rules in LEXIS, a researcher can access the STATES library and the ALRULE file; other states’ rules can be accessed in the same manner using the state’s two-letter postal abbreviation in the file name.  Federal court rules can be found in the GENFED library of LEXIS.  WESTLAW state rule database identifiers are patterned similarly to LEXIS using the state’s two letter postal abbreviation in this way: AL-RULES. WESTLAW’s database for federal rules is US-RULES.

Butts, Terry L.  ALABAMA EVIDENTIARY FOUNDATIONS. KFA540/.B82/Reference.

Daniel, William W.  GEORGIA CRIMINAL TRIAL PRACTICE.  1999 ed.  KFG575/.D36/1999.

Daye, Charles E.  NORTH CAROLINA LAW OF TORTS.  2nd ed.  KFN7595/.D39/1999.

Joyner, Irving.  CRIMINAL PROCEDURE IN NORTH CAROLINA.  2nd ed.
KFN7975/.J69/1999.

Lee, Robert W.  ALABAMA WORKERS' COMPENSATION LAW AND HANDBOOK.  KFA342/.L35/Reference.
 

Remember to use Conference Rooms for group discussions.

Cell phone use is not permitted in study areas.  They may be used in the Photocopy Rooms or in the passageway between the Law Library and the Law School.

 "We have probably lost no more than 5 percent, if that much," Richard Cornelius said referring to the college's memorabilia from the 1925 trial of John Scopes, a science teacher prosecuted for teaching evolution.  Bryan College, founded in 1930, kept portions of its "Monkey Trial" collection of photos, recordings and newspaper clippings in the campus’ main building.

The most significant loss: William Jennings Bryan's personal copy of Charles Darwin's "Origin of Species."

Bryan, namesake for the nondenominational Christian college, argued in support of Tennessee's ban on teaching evolution in public schools. Clarence Darrow argued against it in the celebrated trial in Dayton, 35 miles north of Chattanooga.

Scopes was convicted, but the verdict was overturned on a technicality.

From: Few ‘Monkey Trial’ Docu- ments Destroyed in Bryan College Fire (visited February 8, 2000,)
<http://cnn.com/2000/US/02/08/college.fire.ap/index.html>

[The Law Library has books on the “Monkey Trial”.  Two of them are:  The World's Most Famous Court Trial -KF224/.S3/B7/1971 and The Scopes Trial - KF224/.S36/1984.]

It’s 7:00 P.M. and you’ve been sitting at the computer since sometime after lunch.  Your eyes are dry and scratchy, and when you look from the screen to the notepad on which your brief is handwritten, you see strange dots of colors.

“Time for a break,” you think to yourself, as you lightly rub your forehead to soothe that persistent little headache that you have had for the past hour.  With fingers tingling and back aching just slightly, you head for the water fountain.

Does this scenario sound familiar?  If so, you may be spending too much uninterrupted time in front of the computer.  This is a fairly common occurrence, especially among students, faculty, and staff who spend hours a day sitting in front of a computer workstation.

The number one thing that you can do to cut down on the amount of aches and pains you suffer as a result of sitting in front of a computer for hours on end is to take frequent breaks.  You should get up and walk around and stretch every 1-2 hours.  Also, try taking mini-breaks while sitting at the workstation.  Every 15 minutes or so, look away from the computer and focus on something in the distance (about 20 ft. away) to give your eyes a rest from focusing on the computer monitor, which is relatively close to your face.  When you are not typing, try resting your hands in a flat, straight, comfortable position on a table, or in your lap.

Aside from taking breaks, here are some other things you can try.

To reduce eye strain:

• Get a thorough eye exam every year, even if you have never needed glasses before.  Computer use may aggravate minor vision problems.  Be sure to tell your optometrist what your needs are because glasses which are created for the most efficient viewing of computer screens, which are typically 20-30 inches from your eyes, may be different from your usual prescription.
• Remember to blink!  People staring at computer screens often do not blink enough, which can cause dryness of the eyes.  If your eyes start to feel dry and scratchy, blink rapidly for a few seconds.
• Keep your monitor about an arm’s length away.  You shouldn’t be any closer than 18 inches to the screen.
• Try to keep your printed reference materials and the computer monitor the same distance away from your eyes.
• Do not work in the dark.  The contrast between the darkness and the bright screen can strain your eyes.
• Use a filter or reposition the monitor to minimize glare on your computer screen.
• Use a computer monitor which is clean.  Dust and smudges can intensify glare and make the screen seem fuzzy.
• Use a computer monitor which is properly focused.  If you are in the Law Library computer labs, and a screen is fuzzy, contact Mandy Haddin (4024) or Diane Wade (2687) and we will try to replace the monitor.

• Keep your monitor directly in front of you, and not angled to the left or right.  Your eyes should be level with the top of the computer screen.  In the Law Library computer labs, you can raise or lower your chair, to set your line of vision to the top of the screen, by using the lever under the seat.  If that does not help, contact Mandy Haddin (4024) or Diane Wade (2687) for more assistance.
• Try to place any printed materials you are referring to as close to the monitor as possible, to minimize neck and head motion.
• Do not crane your neck.  Keep your head comfortably aligned above your shoulders.
• Sit all the way back in your chair with your feet placed flat on the floor, or on a foot rest.  This will help support your lower back.
• Use a straight-backed chair, instead of one that reclines.
• Do not cross your legs or shift your weight to one hip.
• The keyboard should be at elbow height.  Re-adjust your chair, if needed.
• Try not to tense up your shoulders.  Shoulders should be relaxed.
• Use your arms, not your shoulders or wrists to move your hands around the keyboard or to move the mouse.

• Keep your wrists flat (not tilted up or down) and straight (not twisted to the left or to the right).
• Use your arms to support and move your hands instead of resting your wrists on the table or wrist rest and stretching your fingers to reach the keys.
• Touch the computer keys lightly; there is no need to pound on them.
• Do not grip or squeeze the mouse.  It actually works better with a light touch.
• Keep the mouse as close to the keyboard as possible.  Better yet, learn some of the Windows key-strokes, to avoid using the mouse at all. (Keyboard Shortcuts are listed at http://lawlib.samford.edu/labs/keystrokes.shtml)

Cornell University Computer Workstation Ergonomics Guide
http://ergo.human.cornell.edu/ergoguide.html

Yale Ergonomics Website: Computer Workstations
http://www.yale.edu/ergo/cw.htm

Compaq Safety and Comfort Guide
http://www.compaq.com/comfortguide/

Repetitive Stress: How to Sit at a Computer
http://www.tdo.com/features/computer/rsi/rsi5.htm

Websites with exercises you can do at the computer:

Desktop Yoga
http://www.will-harris.com/yoga/

1 minute Desktop Yoga
http://e-stretch.net

Desktop Yoga
http://users.javanet.com/~lanat/desktopyoga.htm

Note: this article reflects tips on comfortable and safe computing that were drawn from articles off of the web.  The articles assumed that the reader was a healthy adult.  If you have a medical problem, such as impaired vision, Carpel Tunnel Syndrome, or any other type of repetitive stress injury, or if you have any questions of a medical nature, please contact a physician.

The Law Library compiles yearly statistics of new treatises, divided by subject.  These statistics are taken from the monthly Selected List of Recent Acquisitions.  A recent compilation of the 1994-1999 editions show that the top subject added to the Law Library in the last five years was Taxation, with 316 titles; followed by: Constitutional Law - 162 titles, Legal History - 131 titles, Courts - 102 titles and Foreign Law 96 titles.

The monthly Selected List of Recent Acquisitions can be found on the web at: http://lawlib.samford.edu/slra.

Using videos in the Law Library’s collection, law students can learn effective trial skills from such outstanding speakers as Irving Younger and James McElhaney.  Ask at the Circulation Desk for any of the following videos.

Basic Concepts in the Law of Evidence with Irving Younger.
Produced by the National Institute for Trial Advocacy, 1975.  Available in both video and audio cassettes, this fifteen-tape series offers a thorough review of the basic principles of evidence.  Lectures are by Irving Younger, noted trial lawyer, judge, and law professor.  Accompanying the tapes is a print outline, Basic Concepts in
the Law of Evidence, by  Robert E. Oliphant.  The outline is in the Reference section on the first floor at call number KF8935/.O456/-1982.  Titles (with internal Video Tape number) include:

INTRODUCTION TO EVIDENCE VT-44

BASIC CONCEPTS OF EVIDENCE VT-45

FAILURE OF RECOLLECTION, BEST EVIDENCE RULE, PERCEPTION VT-46

EXPERT WITNESSES, CROSS EXAMINATION AND IMPEACHMENT I VT-47

CROSS EXAMINATION AND IMPEACHMENT II, REHABILITATION I VT-48

REHABILITATION II, CHARACTER AS A DEFENSE VT-49

HEARSAY (PARTS 1, 2, 3, AND 4) VT-50, VT-51, VT-52, & VT-53

BURDENS OF PROOF AND PRESUMPTIONS VT-54

HEARSAY AND THE RIGHT TO CONFRONTATION VT-55 &
VT-56

THE TEN COMMANDMENTS OF CROSS EXAMINATION
VT-57

HEARSAY UPDATE by Faust Rossi (1980) VT-58

Mastering the Art of Cross Examination with Irving Younger.
Produced by the National Institute for Trial Advocacy, 1987.  Co-produced by the American Bar Association, this eleven-tape series teaches students how to cross examine effectively.  The series is organized by type of witness.  Each program includes a lecture by Professor Younger, demonstrations by leading litigators, and discussions of techniques, theories, and strategies.  Print handbooks accompany the series.  Check the stacks on the library’s second floor for Mastering the Art of Cross Examination: Problems (KF8920/.M37) and Mastering the Art of Cross Examination: Program Planners’ Guide and Teacher’s Manual (KF8920./M372).  The manual transcribes all tapes.  Titles include:

CROSS EXAMINING THE WELL-PREPARED WITNESS VT-59

CROSS EXAMINING THE SYMPATHETIC WITNESS VT-60

CROSS EXAMINING THE HOSTILE WITNESS VT-61

CROSS EXAMINING THE BIASED WITNESS VT-62

CROSS EXAMINING THE  EYEWITNESS VT-63

CROSS EXAMINING THE CHILD WITNESS VT-64

CROSS EXAMINING THE WITNESS OF THE OPPOSITE SEX VT-65

CROSS EXAMINING THE LAW ENFORCEMENT WITNESS VT-66

CROSS EXAMINING THE EXPERT MEDICAL WITNESS VT-67

CROSS EXAMINING THE EXPERT ACCOUNTANT VT-68

CROSS EXAMINING THE EXPERT ATTORNEY WITNESS VT-69

Trial Demonstration Series: Direct and Cross Examination.
Produced by the National Institute for Trial Advocacy, 1975 - 1979.  This eight-tape series shows effective direct and cross examination skills.  Most of the trial settings are criminal cases though some are civil.  Some tapes are narrated; others are not.  All, however, give law students the chance to observe trial techniques of experienced and skilled litigators.  Topics include:

DIRECT & COMPARATIVE CROSS OF DEFENDANT IN A CIVIL CASE VT-70

DIRECT & CROSS EXAMINATION OF A WITNESS IN A CRIMINAL CASE VT-71

DIRECT & CROSS  EXAMINATION OF A PARTY IN A CIVIL CASE VT-72

DIRECT & CROSS OF A RAPE VICTIM IN A CRIMINAL CASE VT-73

COMPARATIVE CROSS OF A RAPE VICTIM IN A CRIMINAL CASE VT-74

DIRECT & COMPARATIVE CROSS EXAMINATION OF A MAJOR PROSECUTION WITNESS IN A FEDERAL NARCOTICS CASE VT-75

DIRECT & CROSS EXAMINATION OF DEFENDANT IN CRIMINAL CASE VT-76

COMPARATIVE CROSS OF A WITNESS IN A CRIMINAL CASE VT-77

The Essence of Advocacy featuring James W. McElhaney.
Produced by Professional Education Group, 1993.  Professor McElhaney is the author of the popular guide McElhaney’s Trial Notebook, 3d ed. (KF8915/.Z9/M25/1994 - Reference and Reserve).  In his master advocate series, Professor McElhaney illustrates the principles of advocacy with concrete examples drawn from cases.  He demonstrates both effective and ineffective techniques for persuading jurors throughout opening statement, direct and cross examination, and final argument.

THE ESSENCE OF ADVOCACY VT-92 AND VT-93

Besides the series mentioned above, the Law Library offers videos in the following categories:

Ethics

SOLICITATION: A PANEL DISCUSSION VT-31

JUDICIAL ETHICS AND THE ADMINISTRATION OF JUSTICE VT-78 AND VT-79

THE TRIAL OF THE MODERN LAWYER VT-84

ADVENTURES IN LEGAL ETHICS VT-86

A DECADE OF HARD CHOICES VT-87

DOING THE RIGHT THING VT-88

DINNER AT SHARSWOOD'S CAFÉ VT-103

ETHICS ON TRIAL VT-104

Crime or Forensics

CRIME AND PUNISHMENT IN AMERICA VT-101

FRAMINGHAM EIGHT: THE WOMEN WHO FOUGHT BACK VT-142

THE WILSON MURDER: FORENSIC EXPERTS AT ODDS VT-143

THE MIND OF A MURDERER VT-144 AND VT-145

BITTER POTION: PSYCHOLOGICAL PROFILING VT-146

BROKEN BOND: MUNCHAUSEN SYNDROME BY PROXY VT-147

Patrons may view video cassettes in the library’s multimedia room any time a librarian is on duty.  Groups of two to six law students may borrow a TV and VCR for use in a conference room.  Except for master copies or tapes on three-hour reserve, law students may take videos out of the library for twenty-four hours.

The titles mentioned above are selected from our audiovisual collection of approximately seventy videos, and many audio tapes. Moreover, law students can practice trial skills using the interactive courtroom series on CD-ROM or laser disk.  To scan holdings, run a search on the Samford Libraries Catalog for call number “audiovisual” or look at the list in the Reserve Notebook at the Circulation Desk.

Statistical Abstract of the United States, 1999 - HA202/1999/Reference.
The title of this book can be misleading.  The 1999 edition contains 1005 pages of interesting and detailed subjects, the type of book you can spend hours looking through.  Many of the tables are what the user would expect - Jail inmates by sex and race, Personal income by state, Motor vehicle deaths, by state - but many of the tables contain statistics you would not expect to find so easily.  For example, Household pet ownership, Worldwide successful space launches, Curbside recycling programs-number and population served.  Please note: Index entries refer to Table numbers not Page numbers.

First Books: The Printed Word and Cultural Formation in Early Alabama by Philip D. Beidler - PS266/.A5/B45/1999.  This book was published by the University of Alabama Press (http://www.uapress.ua.edu/) and the author is Professor of English at the University.  The author states in Chapter 2 that the first major publication in the state of Alabama is a volume on law and order, published in 1822.   The title of this book is Henry Hitchcock’s Alabama Justice of the Peace (KFA526/.J8/H5x - Main Library).
 

Birmingham Cental Library - 2100 Park Place (downtown) - 226-3600

Southside - 1814 11th Avenue South - 933-7776

Homewood - 1721 Oxmoor Road - 877-8661

Hoover - 200 Municipal Drive - 444-7800

Vestavia Hills - 1112 Montgomery Hwy. - 978-0155

North Shelby County - 7030 Meadowlark Drive - 995-9931