Generally, we have both Criminal and Civil Procedure.

Civil procedure is the body of law that sets out the rules and standards the court will follow when adjudicating on civil matters (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 enforcement of judgement.

FORM OF COMMENCEMENT OF ACTION (ORIGINATING PROCESSES)

Actions are commenced in the following ways;

1). Originating motion
2). Originating summons
3). Petition
4). Writ of summons

1). ORIGINATING MOTION
This is used only when provided for by a statute or a rule of court.

Examples of actions to be commenced by this way are

a. Application for habeas corpus,
b. Order for mandamus,
c. Prohibition or certiorari,
d. Application for judicial review
e. Action for the enforcement of fundamental rights under the Fundamental Rights Enforcement Procedure rules 2009

Where a statute provides that action be commenced by application but does not specifically provide the procedure, originating motion should be use.



2). ORIGINATING SUMMONS

This is used whenever there is interpretation of a written law, etc
It is used generally for non-contentious matters i.e. those matters where the facts are not likely to be in dispute.

Examples of actions to be commenced by this mode are

Action for interpretation of a written law, documents,
Company proceedings-
Interpretation of any instrument or deed,
Will, contract agreement or some other question of law.

3). PETITION
This is a written application made to court setting out a party case.
It is only used where a statute or the rule of court provide for its use
Examples of suits to be commenced by petition include............... Read more: Visit www.leglify.ng/blog

A Guest Post By Ikubuwaje Anthony Esq.