Procedural law

Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court.

Overview

Procedural law is a term that describes the legal rules governing the process for settling disputes in the court system. It is contrasted with substantive law, which involves the rights and duties that individuals and legal entities have towards each other. Procedural law, therefore, provides the framework within which substantive law is applied.

Types of Procedural Law

Procedural law can be divided into two main types: civil procedure and criminal procedure.

Civil Procedure

Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits. These rules govern how a lawsuit or case may be commenced, what kind of service of process 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, various available remedies, and how the courts and clerks must function.

Criminal Procedure

Criminal procedure deals with the set of rules governing the series of proceedings through which the government enforces substantive criminal law. It includes the rules for arrests, searches and seizures, interrogations, pretrial proceedings, trials, sentencing, and appeals.

Importance of Procedural Law

Procedural law is of crucial importance because it ensures fairness, consistency, and predictability in the legal system. It provides a roadmap for the conduct of trials, ensuring that all parties have a fair opportunity to present their case, and that the trial is conducted in an orderly manner.

See Also

• Law
• Civil law
• Common law
• Public law
• Private law