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Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a "civil action", as opposed to a criminal action). Civil Procedure is one of the American Bar Association mandatory first year law school courses.[1] 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.

In Canada the rules of civil procedure are administered by each jurisdiction (federal and each province) and thus each has its own set of rules. Most provinces base their civil procedure rules on the mixture of English and American rules adapted to the needs of the province. The Ontario Rules of Civil Procedure have been largely adopted by Manitoba, PEI, and North West Territories.

In Ontario the stated general principle of the Rules of Civil Procedure is

to secure the just, most expeditious and least expensive determination of every civil proceeding on its merits.

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