The term legal technicality refers to the technical niceties and exactitudes of legal procedure, which is divided into criminal procedure and civil procedure. The term technicality is actually not a term of art in the law (fish describing water) and is rarely used by lawyers, unless they are trying to explain legal procedure to lay clients. Criminal procedure is the process used in dealing with violations of criminal law. ... Civil procedure is the written set of rules that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules explain how a lawsuit must be commenced, what kind of service of process is required, the types of pleadings, motions, and... Jargon redirects here. ... Corruption Jurisprudence Philosophy of law Law (principle) List of legal abbreviations Legal code Intent Letter versus Spirit Natural Justice Natural law Religious law Witness intimidation Legal research External links Wikibooks Wikiversity has more about this subject: School of Law Look up law in Wiktionary, the free dictionary Law, Legal Definitions... A lawyer is a person licensed by the state to advise clients in legal matters and represent them in courts of law (and in other forms of dispute resolution). ... The term client may have the following meanings. ...

Defenses based on technicalities are known as "procedural defenses." It is often used in a pejorative sense to denote aspects of legal procedure which, if not attended to or followed, can change the outcome of a legal proceeding in ways seemingly contrary to the interests of justice. In most litigation under the common law adversarial system the defendant, perhaps with the assistance of counsel, may allege or present defenses (or defences) in order to avoid liability, civil or criminal. ... In jurisprudence, procedural defenses are a form of defense, via which a defendant may argue that they should not be held criminally liable for breaking the law, as the criminal justice program violated procedural law as it was creating its case, and trial, against said defendant. ...

Some legal technicalities restrict access to courts and legal procedures or limit the discretion of a court in handing down judgment. In almost every case, well-established technical aspects of legal procedure have been developed and reinforced in a long tradition of appellate court decisions; usually such doctrines arise because of a perceived need to protect the rights of a specific class of persons who might otherwise suffer injustice at the hands of the legal system.

United States

In the United States, Constitutional guarantees such as those included in the Fourth and Fifth amendments to protect an accused from unreasonable search and seizure or from self-incrimination are sometimes referred to as "technicalities" by critics of court decisions based on them, even though they are foundations of the American legal system rather than obscure fine points. A commonly cited example would be attempted prosecution of a crime that was discovered by illegally obtained evidence. Such cases may be dismissed based on lack of evidence as the illegally obtained evidence would not be allowed to be the basis of the prosecution's case.

Some examples of technical aspects of legal procedure are:

• Time constraints, including Statutes of limitations
• Statute of frauds
• Miranda Warning
• Rules of evidence
• Various immunities, such as Sovereign immunity, Diplomatic immunity
• Rules of appellate procedure
• Creature of statute