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civil procedure wikipedia jump to content main menu main menu move to sidebar hide navigation main page contents current events random article about wikipedia contact us contribute help learn to edit community portal recent changes upload file special pages search search appearance donate create account log in personal tools donate create account log in contents move to sidebar hide top 1 differences from criminal procedure 2 types 3 by country 4 see also 5 references 6 further reading 7 external links toggle the table of contents civil procedure 31 languages العربية azərbaycanca تۆرکجه чӑвашла dansk deutsch ελληνικά español eesti فارسی français עברית हिन्दी hrvatski magyar bahasa indonesia italiano 한국어 lietuvių मराठी nederlands português română русский srpskohrvatski српскохрватски slovenčina türkçe українська oʻzbekcha ўзбекча winaray 中文 edit links article talk english read edit view history tools tools move to sidebar hide actions read edit view history general what links here related changes upload file permanent link page information cite this page get shortened url switch to legacy parser print export download as pdf printable version in other projects wikimedia commons wikidata item appearance move to sidebar hide from wikipedia the free encyclopedia rules and standards used in civil lawsuits not to be confused with civil code for other uses see civil law disambiguation this article has multiple issues please help improve it or discuss these issues on the talk page learn how and when to remove these messages this article s style of writing may not reflect the encyclopedic tone used on wikipedia see wikipedia s guide to writing better articles for suggestions september 2013 learn how and when to remove this message the examples and perspectives in this article may not represent a worldwide view of the subject you may improve this article discuss the issue on the talk page or create a new article as appropriate february 2011 learn how and when to remove this message learn how and when to remove this message 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 edit 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 1 in france and england however a victim of a crime may incidentally be awarded compensation by a criminal court judge evidence from a criminal trial is generally admissible as evidence in a civil action about the same matter for example the victim of a road accident does not directly benefit if the driver who injured them is found guilty of the crime of careless driving the victim still has to prove his case in a civil action unless the doctrine of collateral estoppel applies as it does in most american jurisdictions 1 the victim may be able to prove their civil case even when the driver is found not guilty in the criminal trial because the standard to determine guilt is higher than the standard to determine fault however if a driver is found by a civil jury not to have been negligent a prosecutor may be estopped from charging them criminally if the plaintiff has shown that the defendant is liable the main remedy in a civil court is the amount of money or damages which the defendant should pay to the plaintiff 1 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 1 thus in a criminal case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason not just a feeling or intuition for this doubt but in a civil case the court will weigh all the evidence and decide what is most probable types edit civil procedure is traditionally divided into inquisitorial and adversarial 2 by country edit australia brazil canada england and wales germany india italy netherlands romania scotland south africa united states bhutan see also edit 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 edit 1 2 3 4 powell richard 1993 law today harlow longman p 34 isbn 978 0 582 05635 0 oclc 30075861 storme marcel et al 18 september 2012 maleshin dmitry ed civil procedure in cross cultural dialogue eurasia context iapl world conference on civil procedure ssrn com moscow international association of procedural law ssrn 2280682 uc irvine school of law research paper no 2013 119 university of cambridge faculty of law research paper no 25 2013 retrieved 10 may 2023 further reading edit 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 external links edit wikisource has the text of the 1905 new international encyclopedia article civil procedure civil procedure rules applying to england and wales federal rules of civil procedure cornell law school via legal information institute rhode island civil court rules of procedure optimized by a constable from the law library at the 6th district court of rhode island v t e law core subjects 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country legislature military police political party tribunal history history of the legal profession history of the american legal profession women in law law portal category index outline authority control databases national united states japan czech republic spain other nara retrieved from https en wikipedia org w index php title civil_procedure oldid 1327681411 categories civil procedure legal procedure hidden categories articles with short description short description is different from wikidata wikipedia articles with style issues from september 2013 all articles with style issues articles with limited geographic scope from february 2011 articles with multiple maintenance issues this page was last edited on 15 december 2025 at 17 44 utc page was rendered with parsoid text is available under the creative commons attribution sharealike 4 0 license additional terms may apply by using this site you agree to the terms of use and privacy policy wikipedia is a registered trademark of the 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