What is civil procedure?

Civil procedure is the process by which civil law cases are tried and decided. It is the body of law that sets out the rules and regulations for how a civil court case must be pursued. Civil law cases differ from criminal law cases in that there is not necessarily a punishment involved. Instead, civil cases usually involve awards of money damages or specific performance of an obligation. In Delaware, the Delaware Superior Court handles civil law cases. The Delaware Rules of Civil Procedure are the rules that govern the civil court proceedings. These rules establish how a case will be handled from the time of its filing right through to its resolution, from the parties involved to the way evidence can be presented. Civil procedure can be complex and intimidating. A plaintiff must draft a complaint that contains the facts and claims of the case so that the court can understand the dispute. The defendant then must respond to the complaint by filing an answer and may also file counterclaims. Parties can move for various rulings in an effort to narrow down the issues through motions, and then the parties can present their cases to a judge and jury through discovery and trial. At the end of a case, the court will decide the outcome. This decision can be appealed if either party believes the court made a mistake. Civil procedure is a complex and important part of our justice system. If you are involved in a civil dispute, it is important to retain an experienced attorney to guide you through the process.

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What is civil procedure?

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