Civil Procedure Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Civil Procedure, written in plain English, along with examples of how it is used.
What is Civil Procedure?
It refers to all the methods, practise and procedure which is processed in order to prepare oneself for a civil case in the court. It does not not refer to the law in the civil case, but is a preparatory ground in terms of filling forms, making documents ready and folowing a lawful procedure for a civil case . It differs from procedural methods of criminal cases.
History and Definition of Civil Procedure
Civil procedure is a term used to describe the legal process used in civil cases, which involve disputes between individuals, businesses or organizations. Civil procedure is governed by the rules set forth by the jurisdiction where the lawsuit is being litigated, and it involves the procedural steps and requirements necessary to resolve a civil dispute in a court of law.
The purpose of civil procedure is to provide a fair and efficient means of resolving disputes between parties in a civil lawsuit. The process involves a series of steps, including filing a complaint, serving the defendant with the complaint and accompanying documents, engaging in discovery and pretrial proceedings, and finally, proceeding to trial if necessary.
Examples of Civil Procedure
- John files a complaint against Jane in a civil court alleging breach of contract. He follows the necessary procedural requirements, including filing the complaint and serving it on her, before engaging in discovery and pretrial procedures.
- A class action lawsuit is filed against a pharmaceutical company alleging harm caused by a defective drug. The civil procedure is followed to ensure that all plaintiffs are included in the lawsuit and that the claims of all parties are heard and considered.
- A business files a petition for bankruptcy, and a civil procedure is used to determine whether the company can reorganize or must liquidate its assets to pay off its debts.
Legal Terms Similar to Civil Procedure
- Criminal Procedure: A legal term used to describe the process used in criminal cases. Criminal procedure is similar to civil procedure, though it applies specifically to criminal cases.
- Appellate Procedure: Refers to the legal process used when a party appeals a court's decision. It involves procedural requirements for filing an appeal and presenting arguments to a higher court.
- Administrative Procedure: Refers to the procedural requirements necessary to resolve disputes between individuals or businesses and government agencies.