Procedure

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Procedure

The methods by which legal rights are enforced; the specific machinery for carrying on a lawsuit, including process, the pleadings, rules of evidence, and rules of Civil Procedure or Criminal Procedure.

The form, manner, and order of steps taken in conducting a lawsuit are all regulated by procedural law, which regulates how the law will be administered. Substantive Law creates and defines rights that exist under the law.

Cross-references

Civil Procedure.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

procedure

n. the methods and mechanics of the legal process. These include filing complaints, answers and demurrers, serving documents on the opposition, setting hearings, depositions, motions, petitions, interrogatories, preparing orders, giving notice to the other parties, conduct of trials, and all the rules and laws governing that process. Every state has a set of procedural statutes (often called the Codes of Civil Procedure and Criminal Procedure), courts have so-called "local rules," which govern times for filing documents, conduct of the courts and other technicalities. Law practice before the federal courts operates under the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure). Procedural law is distinguished from "substantive" law, which involves the statutes and legal precedents upon which cases are tried and judgments made.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
A procedurally fair process will reduce the likelihood that an employee will resort to outside whistleblowing, because the employee will feel heard and respected.
The law's effectiveness may be hampered by the fact that it is procedurally heavy.
On the other hand, a firm may face substantial liability if it cannot demonstrate that its advisors, brokers or agents were procedurally prudent.
Keating, ruled that Section 2 of the FAA applied substantively in both federal and state courts and Sections 3 and 4 did not apply procedurally in state court.
Minecraft is one of the popular sandbox games, where people construct structures out of textured cubes in a 3D procedurally generated world.
Sharon Shoesmith, head of Haringey Child Services, has won her case for unfair dismissal over the Baby P scandal because it was procedurally unfair.
Thirty-five chapters are organized into sections entitled: "Choosing a proper court," "State law in federal courts," "The scope of the action," "Steps in the litigation process," "The effect of the judgment," and "Thinking procedurally: the rules in action."
The police watchdog which released the figures has also criticised how the police use these powers saying their use is "often ineffective" and "procedurally incorrect".
Save Our Surgery, which is trying to stop the closure of the heart unit at Leeds General Infirmary, argued the consultation process leading up to the changes was "unfair and procedurally flawed".
The judge is being asked to declare that the consultation process which led to the changes, including proposals to close the heart unit at Leeds General Infirmary, was unfair and "procedurally flawed".
THE sacking of an independent girls' school principal and his partner was "procedurally unfair", a tribunal heard yesterday.
The judge, sitting with Lords Justice Moore-Bick and Sullivan, said it was "inevitable" that it would be found that the disciplinary procedure to which Mr Johnston, who is married to soprano Helen Field, was subjected for his perceived artistic failings was "procedurally unfair".