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.

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.

procedure

noun act, action, adjective law, behavior, common practice, conduct, course, course of action, established method, habit, line of action, manner of proceeding, manner of working, matter of course, measure, method, methodology, mode, mode of operation, mode of use, modus operandi, motion, order, particular course of action, plan, plan of action, policy, practice, proceeding, process, program, proscribed form, routine, rule, scheme, set form, set format, step, strategy, system, tactics, usage, way, way of operation
Associated concepts: civil procedure, criminal procedure, judicial procedure, pretrial procedure, rule of procedure
Foreign phrases: Cursus curiae est lex curiae.The practice of the court is the law of the court.
See also: agenda, arrangement, avenue, behavior, campaign, conduct, constant, course, custom, direction, expedient, form, guide, maneuver, manner, matter of course, method, mode, modus operandi, operation, policy, polity, practice, proceeding, process, rule, scheme, step, strategy, system
References in classic literature ?
They did not fight duels and would have thought a duel with a civilian like me an utterly unseemly procedure in any case--and they looked upon the duel altogether as something impossible, something free-thinking and French.
I know all that, for it is with the justice of all countries especially that I have occupied myself -- it is with the criminal procedure of all nations that I have compared natural justice, and I must say, sir, that it is the law of primitive nations, that is, the law of retaliation, that I have most frequently found to be according to the law of God.
This procedure was not objectionable to Jacob; on the contrary, the guineas clinked so pleasantly as they fell, that he wished for a repetition of the sound, and seizing the box, began to rattle it very gleefully.
An assault on our pockets, which in more barbarous times would have been made in the brusque form of a pistol-shot, is quite a well-bred and smiling procedure now it has become a request for a loan thrown in as an easy parenthesis between the second and third glasses of claret.
To this procedure I, of course, most earnestly objected, but in vain; and having laid a calabash of kokoo before me, he washed his fingers in a vessel of water, and then putting his hands into the dish and rolling the food into little balls, put them one after another into my mouth.
I have not so much as begun my explanations to the Baron, and you are altogether ignorant as to the form and time which my intended procedure is likely to assume.
You understand our procedure, Martin," Robinson continued.
His plan of procedure was different now--as though he had made up his mind that her negatives were, after all, only coyness and youth startled by the novelty of the proposal.
The present seemed something in the nature of a special case, and nobody was quite certain as to the correct procedure.
This procedure was called "protecting a woman's honour"; and the best fiction, combined with the after-dinner talk of his elders, had long since initiated him into every detail of its code.
In which (I would say) every difficulty, every contingency, every masterly fiction, every form of procedure known in that court, is represented over and over again?
So, while the doctor was pursuing his descriptive course of lecturing in the officers' mess, Joe reigned supreme on the forecastle, holding forth in his own peculiar manner, and making history to suit himself--a style of procedure pursued, by the way, by the greatest historians of all ages and nations.

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