Legal Definitions - civil procedure

Civil procedure refers to the comprehensive set of rules and practices that govern how non-criminal legal disputes are conducted in courts. These rules dictate the step-by-step process for resolving disagreements between individuals, businesses, or organizations, ensuring fairness, order, and consistency throughout the legal journey.

Essentially, civil procedure outlines:

• How a lawsuit is initiated (e.g., filing a complaint).
• How parties are formally notified of legal action.
• The methods for gathering and exchanging information and evidence (known as "discovery").
• The procedures for filing motions and presenting arguments to a judge.
• The conduct of trials, including jury selection and presentation of evidence.
• The process for appealing a court's decision.

These rules are distinct from those governing criminal cases, which involve the state prosecuting an individual for violating criminal law. In the United States, federal courts follow the Federal Rules of Civil Procedure (FRCP), while state courts have their own specific rules, which often mirror many federal provisions.

Here are a few examples to illustrate how civil procedure works in practice:

• Example 1: A Personal Injury Lawsuit

  Imagine a pedestrian, Sarah, is hit by a car driven by Mark, suffering injuries. Sarah decides to sue Mark for medical expenses, lost wages, and pain and suffering.

  How civil procedure applies: The rules of civil procedure dictate how Sarah's attorney must draft and file the initial complaint with the court, formally notifying Mark of the lawsuit. They specify how Mark must be "served" with the legal documents, ensuring he receives proper notice. The rules also govern the "discovery" phase, where both sides exchange information through written questions (interrogatories), requests for documents, and sworn testimony (depositions). If the case goes to trial, civil procedure outlines how a jury is selected, how evidence is presented, and the standards of proof required for Sarah to win her case. These rules ensure an orderly and fair process for resolving the dispute.

• Example 2: A Business Contract Dispute

  A small bakery, "Sweet Treats," orders a specialized oven from a manufacturer, "BakeTech," with a contract specifying delivery by a certain date. BakeTech fails to deliver on time, causing Sweet Treats to lose significant holiday sales.

  How civil procedure applies: Sweet Treats' lawsuit against BakeTech for breach of contract would be governed by civil procedure. These rules determine which court has the authority to hear the case (jurisdiction), what details must be included in Sweet Treats' complaint, and the timeline for BakeTech to file its response. During discovery, civil procedure guides how Sweet Treats can request internal communications or production records from BakeTech, and how BakeTech can request sales records from Sweet Treats to assess damages. It also sets the framework for any settlement negotiations facilitated by the court or for a formal trial if an agreement isn't reached.

• Example 3: A Property Boundary Dispute

  Two neighbors, Mr. Henderson and Ms. Chen, disagree over the exact location of their shared property line, leading to a dispute about where a new fence can be built.

  How civil procedure applies: If they cannot resolve the issue amicably and decide to sue each other to legally establish the boundary, civil procedure will guide the process. It will dictate how the lawsuit is filed, how each party formally presents their claims and counterclaims, and how they can request surveys, property deeds, and expert testimony (e.g., from land surveyors) as evidence. The rules ensure that both Mr. Henderson and Ms. Chen have an equal opportunity to present their case and that the court follows established procedures to arrive at a fair and legally sound decision regarding the property line.