proceeding

In a general sense, the form and manner of conducting juridical business before a court or judicial officer. Regular and orderly progress in form of law, including all possible steps in an action from its commencement to the execution of judgment.

Term also refers to administrative proceedings before agencies, tribunals, bureaus, or the like. An act which is done by the authority or direction of the court, agency, or tribunal, express or implied; an act necessary to be done in order to obtain a given end; a prescribed mode of action for carrying into effect a legal right.

All the steps or measures adopted in the prosecution or defense of an action. Statter v. United States, C.C.A.Alaska, 66 F.2d 819, 822.

The word may be used synonymously with "action" or "suit" to describe the entire course of an action at law or suit in equity from the issuance of the writ or filing of the complaint until the entry of a final judgment, or may be used to describe any act done by authority of a court of law and every step required to be taken in any cause by either party.

The proceedings of a suit embrace all matters that occur in its progress judicially. Term "proceeding" may refer not only to a complete remedy but also to a mere procedural step that is part of a larger action or special proceeding. Rooney v. Vermont Investment Corp., 10 Cal.3d 351, 110 Cal.Rptr. 353, 365, 515 P.2d 297.

A "proceeding" includes action and special proceedings before judicial tribunals as well as proceedings pending before quasi-judicial officers and boards. State ex rel. Johnson v. Independent School Dist. No. 810, Wabasha County, 260 Minn. 237, 109 N.W.2d 596, 602.

In a more particular sense, any application to a court of justice, however made, for aid in the enforcement of rights, for relief, for redress of injuries, for damages, or for any remedial object.

"Proceeding" means any action, hearing, investigation, inquest, or inquiry (whether conducted by a court, administrative agency, hearing officer, arbitrator, legislative body, or any other person authorized by law) in which, pursuant to law, testimony can be compelled to be given. Calif.Evid.Code No. 901.

- legal proceedings

@ collateral proceeding

One in which the particular question may arise or be involved incidentally, but which is not instituted for the very purpose of deciding such question; as in the rule that a judgment cannot be attacked, or a corporation's right to exist be questioned, in any collateral proceeding.

See collateral estoppel doctrine.

@ ordinary proceedings

Those founded on the regular and usual mode of carrying on a suit by due course at common law.

@ special proceeding

Generic term for remedies or proceedings which are not ordinary actions; e.g. condemnation (Fed.R.Civil P. 71A); vesting title (Rule 70).

A "special proceeding" has reference to such proceedings as may be commenced independently of a pending action by petition or motion upon notice in order to obtain special relief, and, generally speaking, a special proceeding is confined to type of case which was not, under the common-law or equity practice, either an action at law or a suit in equity. Church v. Humboldt County, 248 C.A.2d 855, 57 Cal.Rptr. 79, 81.

@ summary proceeding

@ summary trial

Any proceeding by which a controversy is settled, case disposed of, or trial conducted, in a prompt and simple manner, without the aid of a jury, without presentment or indictment, or in other respects out of the regular course of the common law.

In procedure, proceedings are said to be summary when they are short and simple in comparison with regular proceedings; e.g. conciliation or small claims court proceedings as contrasted with usual civil trial.

See proceeding (summary)

@ supplementary proceeding

A separate proceeding in an original action, in which the court where the action is pending is called upon to exercise its jurisdiction in aid of execution of the judgment in the action. It is a statutory equivalent in actions at law of the creditor's bill in equity, and in the majority of states where law and equity are merged, is provided as a substitute therefor.

See e.g. Fed.R.Civil P. 69.

In this proceeding the judgment debtor is summoned to appear before the court (or a referee or examiner) and submit to an oral examination touching all his property and effects, and if property subject to execution and in his possession or control is thus discovered, he is ordered to deliver it up, or a receiver may be appointed.

See execution

- supplementary proceedings

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