What are the rules of civil procedure?

The rules of civil procedure govern the conduct of a lawsuit in the common law legal system. These rules dictate the procedure that must be followed in civil litigation, including how a case begins, how discovery is conducted, and how the case proceeds to trial. [READ MORE]

One of the most important rules of civil procedure is the rule of jurisdiction, which states that a court must have jurisdiction over the parties and the subject matter of the case in order to hear it. This means that the court must have the authority to hear the type of case being brought, and that the parties must reside or have a significant connection to the geographical area covered by the court.

Another important rule is the statute of limitations, which sets a time limit for bringing a case. This means that if a person waits too long to file a lawsuit, the court will likely dismiss the case.

The rules of civil procedure also include rules for pleadings, which are the initial documents filed by the parties that describe the nature of the case and the relief they are seeking. These pleadings include the complaint, which is filed by the plaintiff, and the answer, which is filed by the defendant.

The rules also include rules for discovery, which is the process of gathering evidence before trial. This can include the exchange of documents and information, as well as examinations for discoveries and cross-examinations, which are sworn statements given under oath.

The rules also include rules for trial, such as rules for the admissibility of evidence, rules for the conduct of witnesses, and rules for the closing arguments.

Finally, the rules also include rules for appeals, which allow a party to challenge a decision by the lower court.

In summary, the rules of civil procedure are a set of rules that govern the conduct of a lawsuit in the common law legal system. They dictate the procedure that must be followed, including how a case begins, how discovery is conducted, and how the case proceeds to trial.