Civil procedure
Civil procedure refers to the rules by which civil (as opposed to criminal) legal proceedings are conducted. The Federal Rules of Civil Procedure apply throughout the
FEDERAL COURTS. The rules of civil procedure in state courts can vary considerably. In general, rules of civil procedure concern pretrial “discovery” of evidence, including documents, answers to interrogatories (questions), and depositions (pretrial taking of testimony under oath) of witnesses and experts. The allowance of extensive pretrial discovery in civil proceedings is almost unique to the American legal system. Civil-procedure rules also concern the pleading (filing) of complaints, answers to complaints, motions to dismiss complaints, requests for summary judgments (pretrial judgments on the merits of the case), and rules for the conduct of civil trials by judges or juries. Since the vast majority of business disputes are settled in advance of trial, pretrial discovery is the primary point of contact for businesspeople involved in civil proceedings. Common business-law civil proceedings include products liability,
CONTRACTs disputes, and
EMPLOYMENT matters.