Civil procedure is the body of law that sets out the rules and regulations along with some 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; the process for post-trial procedures; various available remedies; and how the courts and clerks must function.

Differences from criminal procedure

In most cases, criminal prosecutions are pursued by the state in order to punish offenders, although some systems, such as in English and French law, allow citizens to bring a private prosecution. Conversely, civil actions are initiated by private individuals, companies or organizations, for their own benefit. Government agencies may also be a party to civil actions. Civil and criminal cases are usually heard in different courts.

In jurisdictions based on English common law, the party bringing a criminal charge is the prosecution, while the party bringing a civil action is usually called the plaintiff or claimant. In both types of cases, the opposing party is the defendant.

In criminal proceedings, the government appears first in the case title. In the United States, the styling varies by jurisdiction: in federal prosecutions the case is styled United States v. Sanchez; some states use People v. Sanchez (for example, California and New York); others use State v. Sanchez or State of [State Name] v. Sanchez; and the four states that formally style themselves as Commonwealths (Massachusetts, Pennsylvania, Virginia, and Kentucky) use Commonwealth v. Sanchez. In England and Wales, a criminal case would be styled R. v. Sanchez, with "R." standing for Rex or Regina and pronounced "The Crown". Similar forms are used in other Commonwealth jurisdictions.

In civil proceedings, the party who initiates the action is listed first. Thus, a lawsuit between Ms. Sanchez and Mr. Smith would appear as Sanchez v. Smith if Sanchez filed the claim, or Smith v. Sanchez if Smith did. The order of the parties may change if the case is appealed.

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 their crime, and the legal costs of both the prosecution and defence. But the victim of the crime generally pursues their claim for compensation in a civil, not a criminal, action. 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".

By country

  • Australia
  • Brazil
  • Canada
  • England and Wales
  • Germany
  • India
  • Italy
  • Netherlands
  • Romania
  • Scotland
  • South Africa
  • United States
  • Bhutan

See also

  • Affirmative defense
  • Case citation
  • Civil Justice Fairness Act
  • Criminal procedure
  • Jurisdiction
  • Laches
  • Objection
  • Prejudice (law)
  • Statute of limitations
  • Summary judgment
  • Time constraints
  • Trial de novo

References

Further reading

  • Colin Plicker & Guy Seidman, eds. The dynamism of civil procedure: global trends and developments. Cham: Springer, 2016.
  • Margaret Y. K. Woo & Cornelis Hendrik van Rhee, eds. Comparative civil procedure. Cheltenham, UK: Edward Elgar, 2025.
  • Civil Procedure Rules applying to England and Wales
  • Rhode Island Civil Court Rules of Procedure - Optimized by a Constable from the law library at the 6th District Court of Rhode Island