Significance

• Civil procedure encompasses the structure and procedures that uses substantive law to provide resolutions to actual disagreements. Substantive law is what gives individuals just cause to take legal action or defend a lawsuit. The Federal Rules of Civil Procedures is currently comprised of 11 chapters, which contains 86 rules. It is the framework for how to bring a lawsuit to court and proceed through the federal court system to judgment. It even touches on the appeals process. The procedures contained guiding principles for how information is exchange with the judge and jury, presentation of the case and the "standards of proof" that will be used to judge the merits of the case.
  
  

Lawsuits

• Chapter II contains Rule 3 to 6. Rule 3 deals with the steps for commencing a lawsuit. It covers filings, summons and service of process. Other rules outlines how the court summons are to be issued once a complaint has been filed. It identify out the measures for serving the complaint and summons on the defendants named in the complaint. All documents in the case are required to be served to each of the parties. The papers must also be filed with the court. Matters related to aspects of time and authority that gives the court the power to extend deadlines, when it deemed necessary, are also contained in this chapter.
  
  

Pleadings & Motions

• The process related to pleadings and motions are covered in Chapter III, Rules 7 to 16. Many of the strategies and minutiae associated with the practice of law are detailed her, including pleadings, motions, defenses and counterclaims. Rule 7a covers the types of pleadings that are allowed, while 7B spells out the rules for motions. Pretrial conferences and scheduling issues are dealt with in Rule 16. Some other items covered in this chapter are: the general rules of pleading, defenses and rejections.
  
  

Parties

• Chapter IV covers Rules 17-25. The procedures require that all acts pertaining to the case be adjudicated in the name of the plaintiff. This is the person whose rights are being questioned. It also gives the guidelines that must be followed for the "Form of Pleadings" document, which includes rules for captions, paragraphs and separate statements. The process for class action lawsuits are administered under Rule 23.
  
  

Discovery

• Discovery is the process by which the litigants obtain information from one another. The procedures are covered in Chapter V, Rules 26 to 37. The materials look at proper conduct for matters such as document requests, depositions, interrogatories and Request for Admissions. Federal Rules of Civil Procedures allows each side to call up to 10 people or representatives of companies. They are to be made available no more than one day for 7 hours. FRCP states that formal request for discovery is not necessary and all parties are obligated to reveal specific information to the other side
  
  

Trial

• The procedures the litigants must follow during the trial are spelled out in Chapter VI, Rules 38 to 53 of the FRCP. This section also covers the details of a party's right to trial by jury; how to properly request a jury trial; and the appropriate procedures for requesting a dismissal of action. Rule 47 handles the selection of jurors, including examining and excusing jurors. It also includes and preemptive-challenges. Matters like holding separate trials, taking testimony and verifying official records are listed in this chapter. In cases that are "one-sided," the judge can take the case from the jury (under Rule 50) and grant what is called "judgment as a matter of law."
  
  

Other Procedures

• There are many other processes covered under the Federal Rules of Civil Procedures. Chapter VII- Rules 54 to 63 handles guidelines for default judgment, summary judgment and entry of judgments. Request for new trials are guided by Rule 59 and Rule 63 deals with a judge who is unable to proceed with the case. Chapter VIII - Rules 64 to 71 governs a variety of issues related to temporary measures and final remedies, such as seizing a person or property, issuing injunctions and restraining orders or enforcing a judgment. Chapter IV touches on certain types of proceedings, such as condemnation of property, pretrial orders and appeals. Chapter X handles procedures regarding judges and clerks. The last part, Chapter XI, deals with general provisions.