Legal Definitions - CIVIL PROCEDURE

Civil Procedure refers to the set of rules and practices that govern how non-criminal lawsuits are conducted in a court of law. These rules dictate every step of a civil case, from its initiation to its resolution, ensuring fairness, efficiency, and order in the legal process.

It encompasses:

• The overarching body of law, often enacted by legislatures or courts, that establishes the framework for civil litigation.
• The specific methods, actions, or practices used by parties and the court during a civil lawsuit.

In essence, civil procedure provides the roadmap for how individuals, businesses, or organizations resolve disputes through the court system without involving criminal charges.

Examples:

• Imagine a small business owner suing a supplier for failing to deliver goods as promised. The rules of civil procedure would dictate precisely how the lawsuit must be filed with the court, how the supplier must be formally notified of the lawsuit (a process called "service of process"), and the specific timeframe within which the supplier must file their official response to the complaint. These rules ensure that both parties are aware of the legal action and have a fair opportunity to participate.

  This example illustrates how civil procedure provides the foundational steps for initiating and responding to a civil lawsuit, ensuring proper notification and adherence to deadlines.

• Consider a personal injury case where a driver is suing another driver after a car accident. Before the trial, the injured driver's lawyer wants to obtain copies of the other driver's medical records and insurance policy details. Civil procedure rules specify the permissible methods for gathering this information, such as sending "interrogatories" (written questions that must be answered under oath) or "requests for production of documents." It also sets limits on what information can be requested and the deadlines for responding.

  This example demonstrates how civil procedure governs the "discovery" phase of litigation, outlining the acceptable methods for parties to exchange information and gather evidence before trial.

• Suppose a homeowner is involved in a dispute with a construction company over a poorly built addition to their house. During the lawsuit, the homeowner's attorney believes that certain evidence the construction company plans to present is irrelevant and could unfairly prejudice the jury. The attorney would file a "motion in limine" (a request to the judge to exclude evidence) according to specific civil procedure rules. These rules dictate the required format of the motion, the deadline for filing it, and how the construction company must be notified and given an opportunity to argue against it.

  This example highlights how civil procedure governs specific actions and requests made to the court during the course of a lawsuit, ensuring that all procedural steps are followed correctly.