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 ?
This lack of control should motivate parties to settle a lawsuit with a co-pending IPR/CBM proceeding, or to litigate the dispute to a final conclusion -- whether a final judgment or a settlement not driven by the release of the co-pending IPR/CBM proceeding.
If a party fails to comply with a discovery order, the Board can review the discovery orders at the end of the proceeding or on an interlocutory basis under Rule 263.
Evidentiary rules are not as strict, and the surroundings and the proceedings are familiar.
In Proceedings of the IEEE Conference on Computer Vision and Pattern Recognition (San Juan, PR) (pp.
After noting that Circular 230 fails to articulate the standard of proof for an ALJ disciplinary proceeding, it argues that the DOP should be held to a "clear and convincing" evidentiary standard in disciplinary proceedings, rather than merely "preponderance of the evidence.
Although this statute existed for more than twenty years without impact on summary non-payment proceedings in New York State, the 1997 case of Romea v Beibergerr & Associates 988 F.
Second, they assert that a public hearing would compromise substantial individual privacy and reputational interests, not only of the Respondents themselves but also of the other individuals whose private dealings with Hank Rhon and Incus would be made part of the public proceedings.
Nevertheless, various judges in the courts of New York still are in conflict as to how FDCPA effects non-payment proceedings, particularly since New York State law also requires formal notices to be served upon defaulting tenants, such as the three-day notice of demand for rent as required by Real Property Actions and Proceedings Law (RPAPL), [section]711(2).
The court proceeding is scheduled to be heard on February 2, 2006.
Thereafter, but before commencing a holdover proceeding, the landlord received and held three rent checks from the tenant.
At the proceeding, the commission rejected APS' surcharge recovery on procedural grounds while accelerating the PSA rate reset authorized in the proceeding of 4 mills per kilowatt hour to Feb.
Goldman opposed the tenant's motion and predicated the owner's motion upon a showing of the number of non-payment proceedings that the owner had been forced to commence.

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