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Civil procedure


Civil procedure is the written set of rules that sets out the process that courts will follow when hearing cases of a civil nature (a "civil action"). These rules explain how a lawsuit must be commenced, what kind of service of process is required, the types of pleadings , motions , and orders allowed in civil cases, the timing and manner of depositions and discovery , the conduct of trials , the process for judgment , variousavailable remedies , and how the courts and clerks must function.

The United States federal court system adopted the Federal Rules of Civil Procedure on September 16, 1938 before which time there werevarying rules that governed different types of civil cases such as cases at law or in equity or in admiralty. There areexceptions to the types of cases that these rules now control but they are few in number and somewhat esoteric (e.g., "prizeproceedings in admiralty"). Most states have also adopted the Federal Rules (with various minor modifications) to governprocedures in their state court systems.

Related topics

Affirmative defense , Answer , Cause of action , Civil Justice Fairness Act , Summons , Jurisdiction , Laches , Strategic lawsuits agains public participation , Statute of limitations , Summary judgment , Time constraints , Tort reform , Trial de novo , Vexatious litigation , With prejudice

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