Civil procedure includes the procedures and rules that govern civil (non-criminal) litigation in state and federal courts. Many states have rules of civil procedure written by the state supreme court, for example, and other states include their rules of procedure in state statutes enacted by the state legislature.
In Illinois, civil procedure is governed by a combination of state statutes and rules established by the Illinois Supreme Court. The Illinois Code of Civil Procedure lays out the statutory framework for matters such as jurisdiction, pleadings, motions, and the conduct of trials. Additionally, the Illinois Supreme Court has promulgated the Illinois Supreme Court Rules, which provide detailed guidance on procedural aspects of litigation, including rules on discovery, evidence, and appellate procedure. These rules are designed to ensure fairness and efficiency in the legal process and are regularly updated to reflect changes in the law and legal practice. Together, the Illinois Code of Civil Procedure and the Illinois Supreme Court Rules establish the procedures that must be followed in civil litigation in Illinois state courts. For federal courts located in Illinois, the Federal Rules of Civil Procedure and local district court rules apply.