<Tr> <Td> </Td> <Td> The examples and perspective in this article may not represent a worldwide view of the subject . You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate . (February 2011) (Learn how and when to remove this template message) </Td> </Tr> <P> Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). 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 . </P> <P> Some systems, including the English and French, allow governmental persons to bring a criminal prosecution against another person, prosecutions are nearly always started by the state, in order to punish the accused . Civil actions, on the other hand, are started by private individuals, companies or organizations, for their own benefit . In addition, governments (or their subdivisions or agencies) may also be parties to civil actions . The cases are usually in different courts, and juriescases . However this is distinguished from civil penal actions . </P> <P> In jurisdictions based on English common - law systems, the party bringing a criminal charge (in most cases, the state) is called the "prosecution", but the party bringing most forms of civil action is the "plaintiff" or "claimant". In both kinds of action the other party is known as the "defendant". A criminal case against a person called Ms. Sanchez would be described as "The People v. (= "versus", "against" or "and") Sanchez," "The State (or Commonwealth) v. Sanchez" or "(The name of the State) v. Sanchez" in the United States and "R. (Regina, that is, the Queen) v. Sanchez" in England and Wales . But a civil action between Ms. Sanchez and a Mr. Smith would be "Sanchez v. Smith" if it were started by Sanchez, and "Smith v. Sanchez" if it were started by Mr. Smith (though the order of parties' names can change if the case is appealed). </P>

Who starts the proceedings in a civil case