Due process
Due process: The constitutional guarantee that the government will not deprive a person of life, liberty or property without fair procedures. It appears in the Fifth Amendment for the federal government and the Fourteenth Amendment for the states. At a minimum, it usually requires notice and an opportunity to be heard.
What due process means
Put simply, due process is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.
Where due process comes up
The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.
Read the source: Bill of Rights.
How to research the term
First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses due process in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.
You can read the current federal court rules online for free.
Related legal terms
- Docket sounding: a court session, used in Florida circuit courts, at which the judge calls the cases set for an upcoming trial period to find out whether each one is ready for trial, has settled or needs a continuance.
- Doctrine: a legal rule or principle that courts develop and apply over time, often through case law. Examples include the doctrine of stare decisis, the doctrine of res judicata and the abstention doctrines in federal court.
- Domestic asset protection trust: a self-settled, irrevocable trust that a state statute allows to protect the settlor's property from many creditors if strict requirements are met.
- Driver's license: a state-issued license that permits a person to drive a motor vehicle on public roads. Every state requires one. Courts have long upheld state licensing and registration laws for drivers, for example in Hendrick v. Maryland, 235 U.S. 610 (1915).
Why precise terms matter
Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.
Sources
Sources last reviewed: 2026-10-24
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.