Civil procedure

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Civil procedure is the body of law that sets out the rules and standards that courts follow
when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules
govern how a lawsuit or case may be commenced, what kind of service of process (if any) 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.
Contents
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1Differences between civil and criminal procedure

2Civil procedural types

3Civil procedure by country

4See also

5References

6External links

Differences between civil and criminal procedure[edit]

Some systems, including the English and French, allow governmental persons to bring a criminal
prosecution against another person, prosecutions are nearly always started by the state, in order to
punish the accused. Civil actions, on the other hand, are started by private individuals, companies or
organizations, for their own benefit. In addition, governments (or their subdivisions or agencies) may
also be parties to civil actions. The cases are usually in different courts, and juriescases. However
this is distinguished from civil penal actions.
In jurisdictions based on English common-law systems, the party bringing a criminal charge (in most
cases, the state) is called the "prosecution", but the party bringing most forms of civil action is the
"plaintiff" or "claimant". In both kinds of action the other party is known as the "defendant". A criminal
case against a person called Ms. Sanchez would be described as The People v. (="versus",
"against" or "and") Sanchez, "The State (or Commonwealth) v. Sanchez" or "[The name of the
State] v. Sanchez" in the United States and R. (Regina, that is, the Queen) v. Sanchez in England
and Wales. But a civil action between Ms. Sanchez and a Mr. Smith would be Sanchez v. Smith if it
were started by Sanchez, and Smith v. Sanchez if it were started by Mr. Smith (though the order of
parties' names can change if the case is appealed). [1]
Most countries make a clear distinction between civil and criminal procedure. For example,
a criminal court may force a convicted defendant to pay a fine as punishment for his crime, and
the legal costs of both the prosecution and defence. But the victim of the crime generally pursues his

claim for compensation in a civil, not a criminal, action.[2] In France and England, however, a victim of
a crime may incidentally be awarded compensation by a criminal court judge.
Evidence from a criminal trial is generally admissible as evidence in a civil action about the same
matter. For example, the victim of a road accident does not directly benefit if the driver who injured
him is found guilty of the crime of careless driving. He still has to prove his case in a civil action,
unless the doctrine of collateral estoppel applies, as it does in most American jurisdictions.[2] In fact
he may be able to prove his civil case even when the driver is found not guilty in the criminal trial,
because the standard to determine guilt is higher than the standard to determine fault. However, if a
driver is found by a civil jury not to have been negligent, a prosecutor may be estopped from
charging him criminally.
If the plaintiff has shown that the defendant is liable, the main remedy in a civil court is the amount
of money, or "damages", which the defendant should pay to the plaintiff. [2]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, since the state does not wish
to risk punishing an innocent person. In English law the prosecution must prove the guilt of a criminal
beyond reasonable doubt; but the plaintiff in a civil action is required to prove his case on the
balance of probabilities.[2] Thus, in a criminal case a crime cannot be proven if the person or persons
judging it doubt the guilt of the suspect and have a reason (not just a feeling or intuition) for this
doubt. But in a civil case, the court will weigh all the evidence and decide what is most probable.

Civil procedural types[edit]

Civil procedure is traditionally divided into inquisitorial and adversarial. [3]

Civil procedure by country[edit]

Brazil

Canada

England and Wales

Germany

India

Netherlands

Romania

Scotland

United States

South Africa

Civil Procedure in Uganda

See also[edit]

Affirmative defense

Civil Justice Fairness Act

Criminal procedure

Jurisdiction

Laches

Objection

Prejudice (law)

Statute of limitations

Summary judgment

Time constraints

Trial de novo

References[edit]
1.

Jump up^ Case citation#Supreme Court of the United States

2.

^ Jump up to:a b c d Richard Powell (1993). Law today. Harlow:

Longman. p. 34. ISBN 978-0-582-05635-0. OCLC 30075861.

3.

Jump up^ "Civil Procedure in Cross-Cultural Dialogue: Eurasia

Context". ssrn.com. Retrieved 2 February 2016.

External links[edit]
Wikisource has the text of
the 1905 New
International
Encyclopedia article Civil
Procedure.

Civil Procedure Rules applying to England and Wales

Complete text of Federal Rules of Civil Procedure (Cornell Univ.)

Rhode Island Civil Court Rules of Procedure - Optimized by a

Constable from the law library at the 6th District Court of Rhode
Island
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