Process

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Process

A series of actions, motions, or occurrences; a method, mode, or operation, whereby a result or effect is produced; normal or actual course of procedure; regular proceeding, as, the process of vegetation or decomposition; a chemical process; processes of nature.

In patent law, an art or method by which any particular result is produced. A definite combination of new or old elements, ingredients, operations, ways, or means to produce a new, improved, or old result, and any substantial change therein by omission, to the same or better result, or by modification or substitution, with different function, to the same or better result, is a new and patentable process.

In civil and criminal proceedings, any means used by a court to acquire or exercise its jurisdiction over a person or over specific property. A summons or summons and complaint; sometimes, a writ.

Cross-references

Service of Process.

process

n. in law, the legal means by which a person is required to appear in court or a defendant is given notice of a legal action against him/her/it. When a complaint in a lawsuit is filed, it must be served on each defendant together with a summons issued by the clerk of the court, stating the amount of time (say, 30 days) in which the defendant has to file an answer or other legal pleading with the clerk of the court and sent to the plaintiff. A subpena is a similar to a summons but is a notice to a witness to appear at a deposition (testimony taken outside court), or at a trial. A subpena duces tecum is an order to deliver documents or other evidence either into court or to the attorney for a party to a lawsuit or criminal prosecution. An order to show cause is a court order to appear in court and give a reason why the court should not issue an order (such as paying temporary child support). The summons, complaint, subpena, subpena duces tecum and order to show cause must all be "served" on the defendant or person required to appear or produce, and this is called "service of process." Service of process is usually made by an officer of the court such as a deputy sheriff or marshal, or a professional process server, but can be performed by others in most jurisdictions. (See: summons, subpena, order to show cause, process server, service of process)

PROCESS, practice. So denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer. 1 Paine, R. 368 Bouv. Inst. Index, h.t.
     2. In the English law, process in civil causes is called original process, when it is founded upon the original writ; and also to distinguish it from mesne or intermediate process, which issues pending the suit, upon some collateral interlocutory matter, as, to summon juries, witnesses,, and the like; mesne process is also sometimes put in contradistinction to final process, or process of execution; and then it signifies all process which intervenes between the beginning and end of a suit. 3 Bl. Com. 279.
     3. In criminal cases that proceeding which is called a warrant, before the finding of the bill, is termed process when issued after the indictment has been found by the jury. Vide 4 Bl. Com. 319; Dalt. J. c. 193; Com. Dig. Process, A 1; Burn's Dig. Process; Williams, J, Process; 1 Chit. Cr. Law, 338; 17 Vin. Ab. 585.
     4. The word process in the 12th section of the 5th article of the constitution of Pennsylvania, which provides that "the style of all process shall be The Commonwealth of Pennsylvania," was intended to refer to such writs only as should become necessary to be issued in the course of the exercise of that judicial power which is established and provided for in the article of the constitution, and forms exclusively the subject matter of it. 3 Penna. R. 99.

PROCESS, rights. The means or method of accomplishing a thing.
     2. It has been said that the word manufacture, (q.v.) in the patent laws, may, perhaps, extend to a new process, to be carried on by known implements, or elements, acting upon known substances, and ultimately producing some other known substance, but producing it in a cheaper or more expeditious manner, or of a better and more useful kind. 2 B. & Ald. 349. See Perpigna, Manuel des Inventeurs, &c., c. 1; s. 5, Sec. 1, p. 22, 4th ed.; Manufacture; Method.

PROCESS, MESNE, practice. By this term is generally understood any writ issued in the course of a suit between the original process and execution.
     2. By this term is also meant the writ or proceedings in an action to summon or bring the defendant into court, or compel him to appear or put in bail, and then to hear and answer the plaintiffs claim. 3 Chit. Pr. 140.

References in classic literature ?
What a striking evidence does this operation furnish of the wide difference between the extreme of savage and civilized life.
Most of the amputations in the new settlements, and they were quite frequent, were per formed by some one practitioner who, possessing originally a reputation, was enabled by this circumstance to acquire an experience that rendered him deserving of it; and Elnathan had been present at one or two of these operations. But on the present occasion the man of practice was not to be obtained, and the duty fell, as a matter of course, to the share of Mr.
“Certainly, more important operations than that have been performed,” observed Richard; “the encyclopaedia mentions much more incredible circumstances than that, as, I dare say, you know, Dr.
As, according to her own statement, this surgical operation was a matter of daily occurrence in the cabin, the declaration no whit abated the merriment, till every one had roared and tumbled and danced themselves down to a state of composure.
On a rough bench in the corner, a couple of woolly-headed boys, with glistening black eyes and fat shining cheeks, were busy in superintending the first walking operations of the baby, which, as is usually the case, consisted in getting up on its feet, balancing a moment, and then tumbling down,--each successive failure being violently cheered, as something decidedly clever.
By this time, Master George had arrived at that pass to which even a boy can come (under uncommon circumstances, when he really could not eat another morsel), and, therefore, he was at leisure to notice the pile of woolly heads and glistening eyes which were regarding their operations hungrily from the opposite corner.
QUETTA -- At least 31 suspects were apprehended during overnight operations in different area of Quetta, jointly carried out by Frontier Constabulary (FC) and police under Operation Radd ul Fasaad on Thursday night.
In the timeframe approaching January 2008, PAF undertook operations in support of Pakistan Army in South Waziristan under code name Operation Tri Star.
Public Energy Solutions (PES) announced the launch of Operation Kill-A-Watt in New York, a new program to help selected businesses and residents in Brooklyn, Queens, Manhattan and Westchester County reap the energy-cost saving benefits of "going green."
All cargo arrived in time and was loaded on the USNS Mendonca for onward movement to Southwest Asia to participate in Operation Iraqi Freedom.
The story of the Taunton, Mass.-based company and company principal Gil Lopes is one seen before in the industry, but in its latest incarnation as a mixed C&D recycling plant the company has tried to develop an operation that will allow as much value-added product to be manufactured as possible.

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