Civil procedure is one of the most important but least understood elements of the law. Simply put, civil procedure is how lawsuits are conducted. It lays out the timeline for filing a complaint, how discovery is handled, what types of documents and evidence can be submitted, rules for hearings and trials, and how rulings are made. Understanding civil procedure is extremely important for businesses, as it provides a roadmap for navigating legal disputes.
What Is Included in Civil Procedure?
Civil procedure is a complex area that varies by jurisdiction. Generally, it is made up of both substantive and procedural rules that help determine how cases are litigated. Substantive rules are those that consider the merits of the dispute, while procedural rules are those that control the process of the lawsuit, such as filing deadlines and discovery. Civil procedure also covers alternative dispute resolution (ADR) processes, such as mediation or arbitration.
What Are Common Civil Procedure Disputes?
Civil procedure is often used in disputes between businesses. Common civil procedure disputes involve contracts, tort law, employment law, and civil rights. For example, a business might file a lawsuit if there is a dispute over a contract between two parties. Likewise, a former employee might file a tort claim if they feel they have been wronged.
Understanding Civil Procedure
Civil procedure can be confusing for those unfamiliar with the law. The best way to understand civil procedure is to consult with an attorney who is well-versed in the subject. An experienced attorney can explain the process of filing a lawsuit, how to present a case in court, and how to make sure that all filing deadlines and other procedures are properly followed. This can help businesses better navigate a civil procedure dispute.