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 Massachusetts, civil procedure is governed by a combination of state statutes and rules promulgated by the judiciary. The Massachusetts Rules of Civil Procedure, which are largely modeled after the Federal Rules of Civil Procedure, provide the framework for conducting civil litigation in the state's courts. These rules cover various aspects of the legal process, including the filing of lawsuits, service of process, motions, discovery, trial procedures, and appeals. The rules are designed to ensure fairness and efficiency in the legal process and are periodically updated to reflect changes in the law and legal practice. Additionally, Massachusetts General Laws (MGL) contain statutes that address specific areas of civil law and procedure, complementing the rules set by the state's Supreme Court. It is important for parties involved in civil litigation to understand these rules and statutes, as they dictate the proper procedures for pursuing legal claims in Massachusetts courts.