Litigants

Rules of procedure and complications

Rules of criminal or civil procedure govern the conduct of a lawsuit in the common lawadversarial system of dispute resolution. Procedural rules arise from statutory law, case law, and constitutional provisions (especially the right to due process). The details of each kind of legal procedure differ greatly from jurisdiction to jurisdiction, and often from court to court even within the same jurisdiction. It is important for litigants to be aware of all relevant procedural rules (or to hire competent counsel who can either comply with such rules on their behalf or explain the rules to them), because the litigants ultimately dictate the timing and progression of the lawsuit. Litigants are responsible for obtaining the desired result and the timing of reaching this result. Failure to comply with procedural rules may result in serious limitations that can affect the ability of one to present claims or defenses at any subsequent trial, or even lead to the dismissal of the lawsuit altogether.