Procedural defense

In jurisprudence, procedural defenses are a form of defense, via which a party argues that it should not be held liable for a legal charge or claim brought against it. In common law jurisdictions the term has applications in both criminal law and civil law. Procedural defenses are applicable independently of the question of guilt or innocence in a criminal proceeding, and independently of substantive findings for or against a plaintiff or defendant in a civil proceeding.

In the United States, procedural defenses include:

Traditional procedural defenses in "equity" in the U.S. and other common law jurisdictions:

Criminal procedure (investigation)

Criminal investigation	Arrest warrant Search warrant Probable cause Knock-and-announce Exigent circumstance Reasonable suspicion Search and seizure Search of persons Arrest Detention Right to silence Miranda warning Arguido Suspect

Criminal prosecution	Statute of limitations Nolle prosequi Bill of attainder Grand jury Ex post facto law Criminal jurisdiction Deferred prosecution agreement Extradition Habeas corpus Bail Inquisitorial system Adversarial system

Charges and pleas	Alford plea Arraignment Information Indictment Plea Peremptory plea Nolo contendere Plea bargain Presentence Investigation

Related areas	Criminal defenses Criminal law Evidence Legal abuse

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Procedural defense

See also