Civil procedure
Body of law governing civil lawsuit rules and court procedures.
Civil procedure is the set of rules, regulations, and standards that courts use to handle civil lawsuits, as distinct from criminal cases. It covers how a lawsuit begins; what service of process is needed; which pleadings, motions, and orders are allowed; when and how depositions and discovery happen; how trials are run; how judgments are reached; what happens after trial; the remedies available; and how courts and their clerks operate. Civil procedure is generally split into two main types: inquisitorial and adversarial.
The key difference from criminal procedure is that criminal cases are usually brought by the state to punish offenders, though some systems (like English and French law) allow private prosecutions. Civil actions, on the other hand, are started by private individuals, companies, or organizations for their own benefit, and government agencies can also be parties. Civil and criminal cases are often heard in separate courts. In common law jurisdictions, the party bringing a criminal charge is the prosecution; the party bringing a civil action is the plaintiff or claimant. In both, the opposing party is the defendant. In criminal cases, the government is listed first in the case title—for example, *United States v. Sanchez* in federal U.S. courts, *People v. Sanchez* in some states, *State v. Sanchez* in others, or *Commonwealth v. Sanchez* in Massachusetts, Pennsylvania, Virginia, and Kentucky. In England and Wales, it is *R. v. Sanchez* (with "R." standing for Rex or Regina). In civil cases, the party who starts the action is listed first, so *Sanchez v. Smith* if Sanchez sues, or *Smith v. Sanchez* if Smith does; the order may change on appeal.
Most countries clearly separate civil and criminal procedure. A criminal court can fine a convicted defendant and order them to pay legal costs, but the victim typically seeks compensation through a civil action. However, in France and England, a criminal court judge can also award compensation to the victim. Evidence from a criminal trial is generally admissible in a related civil case. For example, if a driver is found guilty of careless driving, the victim still must prove their civil case, unless collateral estoppel applies (as in most U.S. jurisdictions). A victim can win a civil case even if the driver is acquitted criminally, because the standard for guilt is higher than for fault. Conversely, if a civil jury finds a driver not negligent, a prosecutor may be barred from bringing criminal charges. If the plaintiff proves liability, the main civil remedy is money damages, but other remedies include restitution, transfer of property, or an injunction. The standard of proof is higher in criminal cases—"beyond reasonable doubt" in English law—while civil cases require proof "on the balance of probabilities." In a criminal case, doubt with a reason prevents conviction; in a civil case, the court weighs all evidence and decides what is most probable.
- field
- Law
- known_for
- Rules governing civil lawsuits, including pleadings, discovery, trials, and remedies
- distinction
- Separate from criminal procedure; civil actions are initiated by private individuals, companies, or organizations
- key_feature
- Standard of proof is 'on the balance of probabilities' in civil cases, versus 'beyond reasonable doubt' in criminal cases
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.
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