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Civil procedure is the body of law that sets out the rules and standards that courts follow

when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced, what kind of service of process (if any) 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. Civil procedure dictates that a civil case must begin with filing a complaint. The complaint is served to the offending party who then drafts and files an answer with the court. Anyone can be a party to a civil case including people, businesses, and government entities. When parties go before the court in a civil case, it is to determine whether a person was injured and how much they should be compensated for that injury. All of this information is specifically drafted into the documents. Civil procedure then dictates all the motions, meetings, and even the civil trial. Unlike the rules of evidence that can be used in both criminal and civil cases, the rules of civil procedure and the various motions and meetings that happen do not occur in a criminal proceeding. For example, according to the rules of civil procedure, if the defense proves that there are no facts that the parties are arguing in the case, then they can file a motion for summary judgment. This allows the judge to decide the case based only the two initial filings, saving the parties time and money. Criminal procedure is designed to safeguard the Constitutional rights of people being investigated, accused, and tried of crimes. A criminal investigation begins with a crime happening. The police determine suspects and start questioning people. In order to question anyone or go into anyones home, the police must obtain a warrant from a judge. If a warrant is not pursued, then the evidence and anything else that was found as the result of that piece of evidence are all thrown out. Criminal procedures are safeguards against the indiscriminate application of criminal laws and the wanton treatment of suspected criminals. Specifically, they are designed to enforce the constitutional rights of criminal suspects and defendants, beginning with initial police contact and continuing through arrest, investigation, trial, sentencing, and appeals.

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