HopefullyInLawSchool
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Simple English definitions for legal terms
civil process
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A quick definition of civil process:
Civil process is a legal term that refers to the procedures and documents used in a civil lawsuit. It includes things like summonses, writs, and other legal means that are used to bring a defendant into court to answer charges. Civil process is different from criminal process, which is used to compel a person to answer for a crime. There are different types of civil process, such as original process, mesne process, and final process.
A more thorough explanation:
Civil process refers to the legal proceedings and documents involved in a civil lawsuit. It includes:
- Summonses or writs to appear in court
- Compulsory processes to make someone appear as a witness
- Processes to take bail after arresting a defendant
- Processes to compel a compliance with court demands
- Processes issued at the beginning or end of a judicial proceeding
For example, an alias process is issued when an earlier process has failed for some reason. A bailable process instructs an officer to take bail after arresting a defendant. A compulsory process compels a person to appear in court as a witness. A final process is issued at the conclusion of a judicial proceeding, such as a writ of execution. An original process is issued at the beginning of a judicial proceeding, calling upon a defendant to appear and answer the plaintiff's declaration.
Overall, civil process is the legal framework that ensures a fair and just resolution to a civil lawsuit.