proceeding


Also found in: Dictionary, Thesaurus, Medical, Acronyms, Idioms, Encyclopedia, Wikipedia.
Related to proceeding: thesaurus

Proceeding

A lawsuit; all or some part of a cause heard and determined by a court, an Administrative Agency, or other judicial authority. Any legal step or action taken at the direction of, or by the authority of, a court or agency; any measures necessary to prosecute or defend an action.

The word proceeding may be used for all actions or it may be used for something other than the usual type of lawsuit. For example, a special proceeding may be a particular procedure for handling a certain type of dispute. Special proceedings may be commenced by a petition or motion even when no full-fledged lawsuit is pending. They usually are confined to disputes that were not recognized under the Common Law or in Equity. For example, a proceeding to challenge decisions made by administrative agencies may be a special proceeding.

A summary proceeding is governed by accelerated methods that produce a quick decision. This is done by elimination of a jury, a presentment, or indictment, or other elements that are allowed in regular proceedings. Summary proceedings are available only for certain types of cases, such as small claims, or in certain courts, such as a conciliation or Small Claims Court.

Supplementary proceedings are separate from the original action. They help a successful party collect what is owed on a judgment by summoning the defendant-debtor, requiring that individual to disclose what he or she owns, and ordering that it be delivered in order to satisfy the judgment.

proceeding

n. any legal filing, hearing, trial and/or judgment in the on-going conduct of a lawsuit or criminal prosecution. Collectively they are called "proceedings" as in "legal proceedings."

proceeding

noun actio, action, action at law, case, cause, conduct of a lawsuit, course of an action at law, hearing, lawsuit, legal action, legal procedure, matter, performance, prescribed method of action, prescribed mode of action, procedure, process, series of events, step, steps in the prosecution of an action, suit, suit at law, transaction, trial, undertaking
Associated concepts: abandonment of a proceeding, annulment proceeding, arbitration proceeding, bankruptcy proceeding, bastardy proceeding, certiorari proceeding, commencement of a proceeding, condemnation prooeeding, contempt proceeding, criminal proceeding, custody proceeding, discontinuance of a proceeding, ennorcement proceeding, equitable proceeding, extraordiiary proceeding, filiation proceeding, garnishment proceeding, guardianship proceeding, habeas corpus proceeding, in personam proceeding, in rem proceeddng, judicial proceeding, lawful proceeding, legal prooeeding, liquidation proceeding, mandamus proceeding, official proceeding, partition proceeding, pending prooeeding, plenary proceeding, probate proceeding, public proceeding, quasi in rem proceeding, special proceeddng, supplementary proceeding, testamentary proceeddng, void proceeding
See also: affair, behavior, business, continuation, day in court, event, expedient, experience, happening, incident, lawsuit, legal proceeding, manner, occurrence, operation, procedure, progressive, resumption, step, suit, transaction, trial

PROCEEDING. In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments and of executing.
     2. Proceedings are ordinary and summary. 1. By ordinary proceedings are understood the regular and usual mode of carrying on, a suit by due course at common law. 2. Summary proceedings are those when the matter in dispute is decided without the intervention of a jury; these must be authorized by the legislature, except perhaps in cages of contempts, for such proceedings are unknown to the common law.
     3. In Louisiana, there is a third kind of proceeding, known by the name of executory proceeding, which is resorted to in the following cases: 1. When the creditor's right arises from an act importing a confession of judgment, and which contains a privilege or mortgage in his favor. 2. When the creditor demands the execution of a judgment which has been rendered by a tribunal different from that within whose jurisdiction the execution is sought. Code of Practice, art. 732.
     4. In New York the code of practice divides remedies into actions and special proceedings. An action is a regular judicial proceeding, in which one party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. Every other remedy is a special proceeding. Sec. 2.

References in classic literature ?
They had something to say to her before they left, and they said it at terrible length, standing so as to intercept her view of the proceedings of the enemy.
Launce wrote a line directing the stoppage of the proceedings at the point which they had now reached.
Nobody was rendered more indignant by these proceedings than Mr Sampson Brass, who, as he could by no means afford to lose so profitable an inmate, deemed it prudent to pocket his lodger's affront along with his cash, and to annoy the audiences who clustered round his door by such imperfect means of retaliation as were open to him, and which were confined to the trickling down of foul water on their heads from unseen watering pots, pelting them with fragments of tile and mortar from the roof of the house, and bribing the drivers of hackney cabriolets to come suddenly round the corner and dash in among them precipitately.
As interpreted by the Service and endorsed by the court in Balanced Financial Management, 662 FSupp 100 (D UT 1987), the transaction exception permits disclosure of third-party tax information if such information directly relates to a transactional relationship between the third party and a person who is a party to the proceeding, provided the information relates to the resolution of an issue in the proceeding.
An enforcement proceeding is initiated by filing and serving on the respondent a notice of intention to prohibit.
The CPA/respondent thus can inform the PCAOB of his or her views on why no proceeding is warranted.
In Proceedings of the IEEE 6th International Conference on Computer Vision (Bombay, India, January 4-7, 1998) (pp.
62, must name the respondent, plainly and concisely describe the allegations that form the basis for the proceeding and be signed by the DOP.
And no case cited by Respondents suggests that a court or agency is constitutionally required to seal the record of a public proceeding to protect personal financial information relevant to the proceeding.
3 that a non-payment proceeding may not be dismissed simply because the rent demand violated FDCPA.
In mid-December 2005, Cooper and other parties involved in the FMC bankruptcy proceeding reached an agreement regarding Cooper's participation in Federal-Mogul's 524(g) asbestos claimants' trust.
The court concluded that the taxpayer instituted the proceeding primarily for delay and, therefore, imposed a penalty under Sec.

Full browser ?