Summary Process

Summary Process

A legal procedure used for enforcing a right that takes effect faster and more efficiently than ordinary methods. The legal papers—a court order, for example—used to achieve an expeditious resolution of the controversy.

Because summary process deprives a defendant of all the time and legal defenses usually available, a plaintiff may invoke it only when specifically permitted by law. For example, some states provide for a special procedure for evicting a tenant without the normal delays of a lawsuit, and some states allow summary process for resolving incidental issues that arise between the parties during the pendency of a lawsuit.

References in classic literature ?
A very summary process completed the simple cookery, when he and the Mohicans commenced their humble meal, with the silence and characteristic diligence of men who ate in order to enable themselves to endure great and unremitting toil.
Magdalen stopped his mouth by a summary process, to which even Frank submitted gratefully.
He even gave several exceedingly unequivocal demonstrations of his displeasure during the summary process, and would, more than once, have broken out in open and desperate resistance, but for the admonitions and entreaties of the trembling girl, who clung to his side, in a manner so dependent, as to show the youth, that her hopes were now placed, no less on his discretion, than on his disposition to serve her.
It was not until Caleb had been occupied, some time, in yoking a team of horses to a waggon by the summary process of nailing the harness to the vital parts of their bodies, that she drew near to his working-stool, and sitting down beside him, said:
Ultimately, a Housing Court judge vacated the stay of Property Acquisition's summary process action and entered judgment for possession in favor of Property Acquisition.
He had said that the funds are not being issued to the college due to a delay in the summary process to Sindh chief minister, chief secretary and others.
Whilst the mechanism of the summary process is expedient, in practice a defendant may raise substantive and procedural objections which would lead to the enforcement proceedings being referred to the Court of First Instance.
Latour of a forthcoming summary process action should he not vacate the airport premises.
1, 2012, the Ley de Victimas y Restitucion de Tierras went into effect, which allows those expelled from their lands--from the lands sold under threat--to come forward and claim them and, following a summary process, have their property rights restored (NotiSur, July 8, 2011).
"Since it had been decided to follow a summary process with the key criterion being the lowest bid, then the selection should have been done in a manner in which all who were selected would meet all the criteria laid out," Yiorkadji said.
(62) Because an action at law does not involve the summary process invoked under section 9, (63) the court cautioned that limiting the availability of summary confirmation would hurt judicial economy and "inevitably lead to inefficiency, delay and court congestion." (64) Furthermore, the court warned of the potential for a "proliferation of confirmation motions," which it believed would result from a mandatory limitations period.
Status of Summary Process Counterclaims Prior to Adoption