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.

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 periodicals archive ?
The Interthinx decision has provided at least some clarity to parties that are considering settling a lawsuit that has a co-pending PTAB proceeding, but this is one decision of one panel.
Thus, under this definition, the only "party" in this proceeding, other than the Board, is Jean Peyrelevade, and Bazy, as a nonparty, is not entitled to interlocutory review under the Board's rules.
In the past, the SEC has had the choice of bringing administrative proceedings (before an administrative law judge) or injunctive proceedings (before a federal court judge) against auditors of public companies, and it retains that choice.
In ICIP '98: Proceedings of the 1998 International Conference on Image Processing (October 4-7, 1998, Chicago, IL).
9; (28) the IRS Chief Counsel for the office that initially instituted the proceeding will hear appeals of Circular 230 disciplinary sanctions, instead of the Treasury General Counsel.
The landlord then formally commenced the eviction proceedings by the service of a notice of petition and petition.
Obviously, when this happens, the practitioner should make every effort to ascertain and evaluate all prior activity, and whether some damage control is necessary before proceeding with the representation.
Respondents' separate request that all documents related to this proceeding be kept confidential is also denied.
Patent Office has decided to allow all 26 of our amended patent claims after a rigorous review through the reexamination proceeding," remarked Frank Sample, Chairman and CEO of VISICU.
evidence that parties to the proceeding engaged in similar transactions with other third parties), it did not believe that Sec.
For quite some time, the federal Fair Debt Collections Practices Act (FDCPA) has caused confusion in the courts of New York (as well as in federal courts) as it relates to summary proceedings brought on by landlords against residential tenants for nonpayment of rent.
The court proceeding is scheduled to be heard on February 2, 2006.

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