Proceeding

(redirected from proceed)
Also found in: Dictionary, Thesaurus, Medical, Financial, Acronyms, Idioms, Encyclopedia, Wikipedia.

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 classic literature ?
One morning I made a rent in this mantle; and to show the islanders with what facility it could be repaired, I lowered my bundle, and taking from it a needle and thread, proceeded to stitch up the opening.
Then, after some moments, silence, during which the carriage had proceeded a few yards, he asked once more, --
After having granted this permission, the Prince proceeded on his way over the green amidst the most enthusiastic acclamations.
And how will they proceed? Will each bring the result of his labours into a common stock?--the individual husbandman, for example, producing for four, and labouring four times as long and as much as he need in the provision of food with which he supplies others as well as himself; or will he have nothing to do with others and not be at the trouble of producing for them, but provide for himself alone a fourth of the food in a fourth of the time, and in the remaining three-fourths of his time be employed in making a house or a coat or a pair of shoes, having no partnership with others, but supplying himself all his own wants?
The king of the country was also observant of it, and vowed that he who could discover whence the sounds proceeded, should have the title of "Universal Bell-ringer," even if it were not really a bell.
However, he said that the sound proceeded from a very large owl, in a hollow tree; a sort of learned owl, that continually knocked its head against the branches.
“To do justice to any subject, sir, the narrator must he suffered to proceed in his own way,” continued the sheriff.
On the ensuing morning they resumed their march at an early hour, but had not proceeded far when the hunters, who were beating up the country in the advance, came galloping back, making signals to encamp, and crying Indians!
The national government, in such cases, will not be affected by this pride, but will proceed with moderation and candor to consider and decide on the means most proper to extricate them from the difficulties which threaten them.
And, lastly, that this love, when it operates towards one of a different sex, is very apt, towards its complete gratification, to call in the aid of that hunger which I have mentioned above; and which it is so far from abating, that it heightens all its delights to a degree scarce imaginable by those who have never been susceptible of any other emotions than what have proceeded from appetite alone.
I sold my farm on the Yadkin, and what goods we could not carry with us; and on the twenty-fifth day of September, 1773, bade a farewel to our friends, and proceeded on our journey to Kentucke, in company with five families more, and forty men that joined us in Powel's Valley, which is one hundred and fifty miles from the now settled parts of Kentucke.
Having seen Jacopo fairly out of the harbor, Dantes proceeded to make his final adieus on board The Young Amelia, distributing so liberal a gratuity among her crew as to secure for him the good wishes of all, and expressions of cordial interest in all that concerned him.

Full browser ?