A form book is a tool used by
attorneys in the
United States to aid in the filing of
pleadings,
motions and other
legal documents with a
court or similar decision-making body. A form book may be a bound volume or binder containing loose-leaf pages, containing forms, clauses and model documents that the attorney might use when preparing a legal document or court pleading.
Purpose
Due to the exacting nature of legal forms and the time and effort required to prepare legal documents, form books were created as an aid in the drafting process. These books conserve time and serve as a reference to attorneys and law students seeking to use them in their practice. The importance of these books is not to be underestimated, as a form lacking proper language or information may jeopardize court proceedings.
Forms can contain standard language to be used in court proceedings, or may more closely resemble a template which is to be filled in based on case specifics. Forms found in form books are often used as a reference, as the document that will be used must be tailored specifically to the court and situation in which it will be presented. In some cases, such as
patent and
bankruptcy
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor ...
, certain forms are legally required.
Form books may be arranged chronologically, alphabetically, by subject, or by
jurisdiction. They may also include additional resources such as outlines, research references, annotations, state considerations, and law practice checklists in addition to the forms.
The style, format, and information required in court documents differs from one jurisdiction to another, between different levels of courts in a system, and between different areas of law. Therefore, the companies that publish
casebook and other legal materials often publish form books as well, offering selections specific to the location and type of practice in which their customers are engaged. Many publishers offer the forms in their books on computer discs. Some books may be accompanied by CD-ROMs or DVD-ROMs.
The advent of the
Internet has lessened demand for printed form books. Many forms are now distributed freely by various courts, and others are available for free or online purchase. Forms online may be offered with drafting tools and other resources.
Types of Form Books
There are several different categories of form books available. These differ in their organization, subject, and the nature of the information contained.
General Form Books
General form books usually fall into one of two categories: transactional, or covering pleading and practice processes. Transactional (or legal) forms give examples of
contracts,
wills,
leases,
deed
In common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring ...
s,
mortgages, and other substantive matters. Pleading and practice forms provide formatting and examples for legal language to be used in various court motions such as complaints, answers, and motions to dismiss. General form books are not state specific, and are annotated and cross-referenced. They are usually arranged alphabetically or encyclopedically and may provide a topical index to aid researchers in finding specific forms.
Form Books for Specific Subjects or Proceedings
Publishers can provide form books that discuss a specific type of practice. Topics which might have their own form books include
real estate,
business law, and
tax.
Form Books Specific to Geographic Jurisdictions
Most states have form books containing state-specific forms. These can be published by various entities such as state courts or individual
state bar association organizations. Other court systems may publish their own materials as well.
Other Types of Form Books
Another type of form book is designed for those seeking legal forms but not trained as lawyers, commonly referred to as a “self-help” form book.
Topics included could be leases, wills, and contracts.
Topics Covered in Form Books
Typical forms included in a form book are a model
complaint
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party ...
,
answer, motion to compel
discovery, motion for
summary judgment, and request for permission to
appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
. Other types of forms include:
Transactional forms used to draft wills, contracts, and documents
:* Procedural Forms used to draft pleadings, motions, and complaints
:* Real estate
:* General legal topics like partnerships, contracts, and leases
:* Bankruptcy
:* Business Forms
:* Taxes and securities
References
External links
#https://www.irs.gov/formspubs Internal Revenue Service
#http://www.taxadmin.org/fta/link/FORMS.html Federation of Tax Administrators
#http://www.washlaw.edu/legalforms/ WashLaw Legal Forms
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Legal research