Proceeding


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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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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."

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
The notice of appeal was filed following the decision of the Shah Alam High Court on Tuesday to allow the 24th witness to be recalled to testify in this Friday's proceedings.
The New Law defines 'debtors' in insolvency proceedings as:
Suri asked for the members-count and suspended the proceedings till completion of the quorum as the required numbers of lawmakers (25 percent) were not present in the House.
He invited the apex court's attention to its 2010 judgement in the ex-chief justice Iftikhar Muhammad Chaudhry case in which the court had held that proceedings before the SJC were not a trial, though it left open the question whether such proceedings were to be conducted in open or in-camera.
However, the solicitor general argued that an impeachment proceeding is different from a quo warranto proceeding.
The term 'collective proceeding' used in Article 1(1) is defined in Article 2(1) as "proceedings which include all or a significant part of a debtor's creditors, provided that, in the latter case, the proceedings do not affect the claims of creditors which are not involved in them ...".
[begin strikethrough](3)--Not more than 1 audio system for radio broadcast purposes shall be permitted in any proceeding in a trial or appellate court.
to a foreign debtor or grant recognition of a foreign proceeding, the court must be able to appropriately communicate and, in certain circumstances, grant relief in concert or following communications with the foreign court where the foreign insolvency proceeding is pending.
Moreover, in rejecting Intel's argument that 'interested person [s]' under the statute must be 'litigants' or formal parties to a proceeding, the Court cited with approval the expansive definition provided by Hans Smit, a leading academic commentator on the statute who played a role in its drafting.
I wish to address the most pressing issue facing the board's enforcement program and its ability effectively to protect investors--the nonpublic nature of our disciplinary proceedings. Currently under the Sarbanes-Oxley Act of 2002, these proceedings are required to be nonpublic unless the board finds good cause to make them public and all parties consent to open them to the public.
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.
At Thursday's proceedings before Justice Mohammed Idris of a Federal High Court in Lagos, Kalu's lawyer, Chief Awa Kalu (SAN) had indicated the readiness of his client to open his defence on Friday.

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