Civil procedure

Civil Procedure

Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a civil case may be commenced, the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks must function.

Overview

Civil procedure is designed to ensure fair and consistent application of due process (in the U.S.) or natural justice (in other common law jurisdictions) to all parties involved in a civil lawsuit. The rules of civil procedure are designed to ensure that the court system is fair and just, and that the parties involved in a lawsuit have a fair opportunity to present their case.

Commencement of Proceedings

A civil action is commenced by the filing of a complaint or petition with the court. The complaint sets forth the plaintiff's allegations against the defendant and the relief sought. The defendant is then served with a summons and a copy of the complaint, which provides notice of the lawsuit and the opportunity to respond.

Pleadings

Pleadings are the formal written statements of the parties' claims or defenses. The primary pleadings are the complaint and the answer. The complaint is the plaintiff's statement of the case, while the answer is the defendant's response to the complaint. In some jurisdictions, a reply to the answer may be required.

Motions

Motions are requests made to the court for a specific ruling or order. Common motions include motions to dismiss, motions for summary judgment, and motions for a more definite statement. These motions can be made at various stages of the litigation process.

Discovery

Discovery is the pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various means, such as interrogatories, requests for production of documents, and depositions. Discovery is intended to prevent surprises at trial and to allow both parties to fully understand the facts of the case.

Trial

A civil trial is the formal presentation of evidence before a judge or jury for the purpose of resolving the issues in dispute. The trial process includes opening statements, presentation of evidence, witness examination, and closing arguments. The judge or jury then deliberates and renders a verdict.

Judgment

After the trial, the court issues a judgment, which is the official decision of the court resolving the dispute. The judgment may include monetary damages, injunctive relief, or other remedies.

Appeals

Parties dissatisfied with a court's judgment may appeal to a higher court. The appellate court reviews the lower court's decision for legal errors and may affirm, reverse, or remand the case for further proceedings.

Also see

• Criminal procedure
• Tort law
• Contract law
• Evidence (law)
• Jurisdiction