Legal Definitions - procedure

Procedure refers to the established steps, rules, or methods that must be followed when carrying out a legal action, process, or administrative task. It dictates how legal matters are conducted, ensuring fairness, order, and consistency within the justice system.

Here are some examples to illustrate the concept of procedure:

• Example 1: The Process of a Civil Lawsuit

  Imagine a small business owner who believes a supplier breached their contract, causing financial losses. To seek compensation, the business owner must follow a specific legal procedure. This typically involves filing a formal complaint with the appropriate court, which then must be properly delivered (served) to the supplier. The supplier then has a set period to file an answer or response. After these initial steps, both parties engage in "discovery," where they exchange information and evidence relevant to the case, often through interrogatories (written questions) and depositions (out-of-court sworn testimonies). Each of these actions—filing, serving, answering, and discovery—is a prescribed step within the overall civil procedure.

  This example illustrates procedure because it highlights the sequence of mandatory steps and rules (filing, serving, answering, discovery) that must be followed to advance a civil dispute through the court system.

• Example 2: Obtaining a Building Permit

  Suppose a homeowner wants to construct a new deck on their property. Before starting construction, they must apply for a building permit from their local municipal government. The procedure for obtaining this permit involves several steps: submitting a detailed application form, providing architectural drawings, paying a fee, and potentially undergoing inspections by city officials at various stages of construction. The city's zoning and building departments have specific rules and timelines for reviewing applications, issuing permits, and conducting inspections.

  This example demonstrates procedure in an administrative context, showing how a specific set of rules and steps (application, drawings, fees, inspections) must be followed to legally obtain authorization for a construction project.