A form book is a tool used by attorneys in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

to aid in the filing of

pleading In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adju ...

motions In physics, motion is the phenomenon in which an object changes its position with respect to time. Motion is mathematically described in terms of displacement, distance, velocity, acceleration, speed and frame of reference to an observer and me ...

and other

legal document Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or ...

s with a

court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...

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 A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...

and bankruptcy, certain forms are legally required. Form books may be arranged chronologically, alphabetically, by subject, or by

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...

. 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 A casebook is a type of textbook used primarily by students in law schools.Wayne L. Anderson and Marilyn J. Headrick, The Legal Profession: Is it for you?' (Cincinnati: Thomson Executive Press, 1996), 83. Rather than simply laying out the legal do ...

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 The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, pub ...

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

contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...

wills Wills may refer to: * Will (law) A will or testament is a legal document that expresses a person's (testator) wishes as to how their property ( estate) is to be distributed after their death and as to which person (executor) is to manage the pr ...

lease A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial ...

s, deeds,

mortgages A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any ...

, 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 Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more general ...

, business law, and

tax A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, or n ...

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 A state bar association is a bar association that represents or seeks to represent the attorneys practicing law in a particular U.S. state. Their functions differ from state to state, but often include administration of the state bar examination fo ...

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,

answer Answer commonly refers to response to a question. Answer may also refer to: * Answer (law), any reply to a question, counter-statement or defense in a legal procedure Music * Answer, an element of a fugue Albums * ''Answer'' (Angela Aki alb ...

, motion to compel

discovery Discovery may refer to: * Discovery (observation), observing or finding something unknown * Discovery (fiction), a character's learning something unknown * Discovery (law), a process in courts of law relating to evidence Discovery, The Discover ...

, motion for

summary judgment In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of ...

, and request for permission to appeal. 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 {{DEFAULTSORT:Form Book Legal research