Civil Procedure

Information about Civil Procedure

Civil Procedure in the U.S.
Federal Rules of Civil Procedure Civil Procedure Rules 1998 (U.K.) Doctrines of civil procedure Jurisdiction Subject-matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue Forum non conveniens Pleadings and motions Service of process Complaint Cause of action Class action Class Action Fairness Act of 2005 Demurrer Answer Affirmative defense Reply Counterclaim Cross-claim Joinder Impleader Interpleader Intervention Pre-trial procedure Discovery Interrogatories Depositions Resolution Without Trial Default judgment Summary judgment Voluntary dismissal Involuntary dismissal Settlement Trial Parties Plaintiff Defendant Jury Voir dire Burden of proof Judgment Judgment as a matter of law (JMOL) Renewed JMOL (JNOV) Motion to set aside judgment New trial Remedy Injunction Damages Attorney's fees American rule English rule Declaratory judgment Appeal Mandamus Certiorari

Civil Procedure in the U.S.

Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a "civil action", as opposed to a criminal action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks must function.

The United States federal court system adopted standardized Federal Rules of Civil Procedure on September 16, 1938, before which time there were varying rules that governed different types of civil cases such as cases at law or in equity or in admiralty. (These differences grew from the history of "law" and "equity" as separate court systems in English law.) There are exceptions to the types of cases that the Federal Rules now control but they are few in number and somewhat esoteric (e.g., "prize proceedings in admiralty"). Most states have also adopted the Federal Rules (with various minor modifications) to govern procedures in their state court systems.

California is the odd exception in that its homegrown civil procedure system is enshrined in statutory law (the Code of Civil Procedure), not in rules promulgated by the state supreme court or the state bar association.

The civil courts of England and Wales adopted an overwhelmingly unified body of rules as a result of the Woolf Reforms on 26 April 1999. These are collectively known as the Civil Procedure Rules 1998 and in all but some very confined areas replaced the older Rules of the Supreme Court (applicable to the High Court of Justice) and the County Court Rules.

In Canada the rules of civil procedure are administered by the provinces and thus each province has its own set of rules. Most provinces base their civil procedure rules on the mixture of English and American rules adapted to the needs of the province.

Alternative dispute resolution proceedings and administrative law proceedings both tend to have relatively simple rules of procedure, in comparison to the highly formalized procedures seen in the federal and state courts.

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The Federal Rules of Civil Procedure (FRCP) are rules governing civil procedure in United States district (federal) courts, that is, court procedures for civil suits. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then approved
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The Civil Procedure Rules 1998 (CPR) are the rules of Court governing civil cases in the Court of Appeal, High Court and County Court in England and Wales. They apply to all cases commenced after 26 April 1999, and largely replace the Rules of the Supreme Court and the County Court
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Civil procedure doctrines are rules developed by case law as opposed to being set down in codes or legislation, which, together with court rules and codes, define the steps that a person involved in a civil lawsuit can (or can not) take.
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jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to
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In civil procedure, the subject-matter jurisdiction of a court determines the kinds of claims or disputes over which it has jurisdiction, or the power to render a decision.
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In United States law, diversity jurisdiction is a concept used in civil procedure to refer to the situation in which a U.S. (federal) district court has subject matter jurisdiction to hear a civil case due to the parties being "diverse" in citizenship, generally indicating that
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Personal jurisdiction in United States law refers to a court's power over a particular defendant (in personam jurisdiction) or an item of property (in rem jurisdiction).
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In the United States, removal jurisdiction refers to the power of a defendant to move a lawsuit filed in state court to the Federal district court of the original court's district.
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Venue is the location where a case is heard. In the United States, the venue is either a county (for cases in state court) or a district or division (for cases in federal court). Each case can only be brought in certain venues.
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A change of venue is the legal term for moving a trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to widespread publicity about a crime and/or defendant(s)
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Forum non conveniens (Latin for "inconvenient forum" or "inappropriate forum") is a discretionary power of mostly common law courts to refuse to hear a proceeding that has been brought before it.
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highly specialized aspect of its associated subject.
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In law, a pleading is one of the papers filed with a court in a civil action, such as a complaint, a demurrer, or an answer.
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A legal motion is a procedural device in law to bring a limited, contested matter before a court for decision. A motion may be thought of as a request to the judge (or judges) to make a decision about the case.
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Service of process is the procedure employed to give legal notice to a person (defendant etc.) of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal.
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In general use, a complaint is an expression of displeasure, such as poor service at a store, or from a local government, etc. Under common law, a complaint is a formal legal document that sets out the basic facts and legal reasons (see: cause of action) that the filing party (the
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In the law, a cause of action (sometimes called a claim) is a set of facts sufficient to justify a right to sue. The phrase is also used to reference the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment).
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The title Class Action refers to multiple works (see class action for the legal term):

Class Action, a 1991 film starring Gene Hackman and Mary Elizabeth Mastrantonio
Class Action

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The U.S. Class Action Fairness Act of 2005, 28 U.S.C. Sections 1332(d), 1453, and 1711-1715, expanded federal jurisdiction over many large class-action lawsuits and mass actions.

The bill was the first major legislation in the second term for the Bush Administration.
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In common law civil procedure, a demurrer is a pleading by the defendant that contests the legal sufficiency of the complaint without admitting or denying the allegations therein. Demurs are usually filed at the beginning of a case.
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answer (derived from and, against, and the same root as swear) was originally a solemn assertion in opposition to some one or something, and thus generally any counter-statement or defence, a reply to a question or objection, or a correct solution of a problem.
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Criminal law
Part of the common law series
Elements of crimes
Actus reus · Causation · Concurrence
Mens rea · Intention (general)
Intention in English law · Recklessness
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The reply is a response by plaintiff to defendant's answer. A reply occurs only when defendant has asserted a counterclaim or the court has ordered a reply.

It is important to keep in mind that "plaintiff" in this context may also refer to an impleaded party.
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A Counterclaim is made by the defendant to a civil proceeding, in a main actions against the plaintiff or against the plaintiff and other people. This claim may be an attempt to offset or reduce the amount/implications of the plaintiff's original claim against the defendant, or it
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A cross-claim is a claim brought against a co-party in the same side of a lawsuit. That is, a plaintiff brings a claim against another plaintiff, or a defendant brings a claim against another defendant.

U.S.

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Joinder is a legal term which refers to the inclusion of additional counts or additional defendants on an indictment. In English law, charges for any offence may be joined in the same indictment if those charges are founded on the same facts, or form or are a part of a series of
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Impleader is a procedural device before trial in which one party joins a third party into a lawsuit because that third party is liable to an original defendant: for example, in a case where a driver rear-ended another car due to faulty brakes, and is sued by the accident victim,
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Interpleader is a form of action originally developed under equity jurisprudence. It allows a plaintiff to initiate a lawsuit in order to compel two or more other parties to litigate a dispute.
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In law, intervention is a procedure to allow nonparties to join ongoing litigation, either as a matter of right or at the discretion of the court, without the permission of the original litigants.
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trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute.
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In law, discovery is the pre-trial phase in a lawsuit in which each party through the law of civil procedure can request documents and other evidence from other parties or can compel the production of evidence by using a subpoena or through
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