Civil procedure

Lore & Background

Civil procedure sets out the rules and regulations that courts follow when adjudicating civil lawsuits, as opposed to criminal law matters. It governs how a lawsuit may be commenced, what kind of service of process is required, the types of pleadings, motions, and orders allowed, the timing and manner of depositions and discovery, the conduct of trials, the process for judgment, post-trial procedures, various remedies, and how courts and clerks must function. Civil procedure is traditionally divided into inquisitorial and adversarial types. In most cases, criminal prosecutions are pursued by the state to punish offenders, while civil actions are initiated by private individuals, companies, or organizations for their own benefit. Government agencies may also be a party to civil actions. In jurisdictions based on English common law, the party bringing a civil action is usually called the plaintiff or claimant, and the opposing party is the defendant. In civil proceedings, the party who initiates the action is listed first in the case title. The main remedy in a civil court is the amount of money, or 'damages', which the defendant should pay to the plaintiff. Alternative civil remedies include restitution or transfer of property, or an injunction to restrain or order certain actions. The standards of proof are higher in a criminal case than in a civil one: in English law the prosecution must prove guilt 'beyond reasonable doubt', but the plaintiff in a civil action is required to prove his case 'on the balance of probabilities'.

Reader's Guide

Civil procedure is significant because it provides the framework for resolving disputes between private parties, companies, and organizations, as well as government agencies when they are parties to civil actions. It distinguishes itself from criminal procedure in several key ways: civil actions are initiated for the benefit of the private party, not the state; the standard of proof is lower ('balance of probabilities' versus 'beyond reasonable doubt'); and the primary remedy is monetary damages, though restitution, property transfer, and injunctions are also available. The rules of civil procedure govern every stage of a lawsuit, from commencement through trial and post-trial procedures, ensuring orderly and predictable adjudication. Evidence from a criminal trial is generally admissible in a civil action about the same matter, but a victim may need to prove their civil case even if the defendant was found not guilty in the criminal trial, because the standards differ. Civil procedure varies by country, with specific rules applying in jurisdictions such as Australia, Brazil, Canada, England and Wales, Germany, India, Italy, the Netherlands, Romania, Scotland, South Africa, the United States, and Bhutan.

Did You Know?

• In civil proceedings, the party who initiates the action is listed first in the case title, so a lawsuit between Ms. Sanchez and Mr. Smith would appear as Sanchez v. Smith if Sanchez filed the claim.
• The standard of proof in a civil case is 'on the balance of probabilities', while in a criminal case it is 'beyond reasonable doubt'.
• Evidence from a criminal trial is generally admissible as evidence in a civil action about the same matter.
• Alternative civil remedies include restitution or transfer of property, or an injunction to restrain or order certain actions.