Procedural Due Process Law & Legal Definition


Procedural due process refers to the aspects of the due process clause that relate to the procedure of arresting and trying persons who have been accused of crimes. It also applies to any other government action that deprives an individual of life, liberty, or property. According to the principle of procedural due process, if a person is deprived of life, liberty or property, s/he is entitled to adequate notice, hearing, counsel, and a neutral judge. This principle follows the concept of fundamental fairness.

Procedural due process requires the state and federal governments to follow certain procedures in criminal and civil matters. By placing such restrictions, it limits the government’s exercise of power.