Due Process

What is Due Process?

Due Process meaning The conduct of legal proceedings according to those rules and principles which have been established in our system of law for the enforcement and protection of private rights. Its most essential elements are a court with proper jurisdiction over the subject matter and the defendant, notice to each party, the opportunity for each party to present evidence and to challenge the opposing party’s evidence, orderly procedures, and a neutral and unbiased trier of fact determines the facts and decides the issues only on the basis of the persuasiveness of relevant evidence properly admitted. Due process is a safeguard against unreasonable, arbitrary, and capricious decisions.


reference: California Department of Child Services