PROCEEDING

proceeding. 1. The regular and orderly progression of a lawsuit, including all acts and events between the time of commencement and the entry of judgment. 2. Any procedural means for seeking redress from a tribunal or agency. 3. An act or step that is part of a larger action. 4. The business conducted by a court or other official body; a hearing. 5.Bankruptcy. A particular dispute or matter arising within a pending case — as opposed to the case as a whole. [Cases: Bankruptcy 2156. C.J.S. Bankruptcy § 26.]

“ ‘Proceeding’ is a word much used to express the business done in courts. A proceeding in court is an act done by the authority or direction of the court, express or implied. It is more comprehensive than the word ‘action,’ but it may include in its general sense all the steps taken or measures adopted in the prosecution or defense of an action, including the pleadings and judgment. As applied to actions, the term ‘proceeding’ may include — (1) the institution of the action; (2) the appearance of the defendant; (3) all ancillary or provisional steps, such as arrest, attachment of property, garnishment, injunction, writ of ne exeat; (4) the pleadings; (5) the taking of testimony before trial; (6) all motions made in the action; (7) the trial; (8) the judgment; (9) the execution; (10) proceedings supplementary to execution, in code practice; (11) the taking of the appeal or writ of error; (12) the remittitur, or sending back of the record to the lower court from the appellate or reviewing court; (13) the enforcement of the judgment, or a new trial, as may be directed by the court of last resort.” Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 3–4 (2d ed. 1899).
adjudicatory proceeding. See adjudication hearing under HEARING.

administrative proceeding. See ADMINISTRATIVE PROCEEDING.

collateral proceeding. A proceeding brought to address an issue incidental to the principal proceeding.

competency proceeding. A proceeding to assess a person’s mental capacity. • A competency hearing may be held either in a criminal context to determine a defendant’s competency to stand trial or as a civil proceeding to assess whether a person should be committed to a mental-health facility.

contempt proceeding. A judicial or quasi-judicial hearing conducted to determine whether a person has committed contempt. [Cases: Contempt 40. C.J.S. Contempt §§ 63–66, 74–75, 77, 83.]

core proceeding.See CORE PROCEEDING.

criminal proceeding. A proceeding instituted to determine a person’s guilt or innocence or to set a convicted person’s punishment; a criminal hearing or trial.

ex parte proceeding (eks pahr-tee). A proceeding in which not all parties are present or given the opportunity to be heard. — Also termed ex parte hearing.

in camera proceeding (in kam-<<schwa>>-r<<schwa>>). A proceeding held in a judge’s chambers or other private place. [Cases: Pretrial Procedure 411; Witnesses 223. C.J.S. Discovery § 101; Witnesses § 377.]

informal proceeding. A trial conducted in a more relaxed manner than a typical court trial, such as an administrative hearing or a trial in small-claims court. [Cases: Administrative Law and Procedure 469; Courts 176. C.J.S. Public Administrative Law and Procedure §§ 134, 136, 138–139.]

involuntary proceeding. See involuntary bankruptcy under BANKRUPTCY.

judicial proceeding. Any court proceeding; any proceeding initiated to procure an order or decree, whether in law or in equity.

noncore proceeding. See RELATED PROCEEDING.

posttrial proceeding. Action on a case that occurs after the trial is completed.

proceeding in rem. A proceeding brought to affect all persons’ interests in a thing that is subject to the power of a state.

proceeding quasi in rem. A proceeding brought to affect particular persons’ interests in a thing.

quasi-criminal proceeding. Procedure. A civil proceeding that is conducted in conformity with the rules of a criminal proceeding because a penalty analogous to a criminal penalty may apply, as in some juvenile proceedings. • For example, juvenile delinquency is classified as a civil offense. But like a defendant in a criminal trial, an accused juvenile faces a potential loss of liberty. So criminal procedure rules apply.

related proceeding. See RELATED PROCEEDING.

special proceeding. 1. A proceeding that can be commenced independently of a pending action and from which a final order may be appealed immediately. 2. A proceeding involving statutory or civil remedies or rules rather than the rules or remedies ordinarily available under rules of procedure; a proceeding providing extraordinary relief. [Cases: Action 20. C.J.S. Actions § 67.]

summary proceeding. A nonjury proceeding that settles a controversy or disposes of a case in a relatively prompt and simple manner. — Also termed summary trial. Cf. plenary action under ACTION(4).

“Summary proceedings were such as were directed by Act of Parliament, there was no jury, and the person accused was acquitted or sentenced only by such person as statute had appointed for his judge. The common law was wholly a stranger to summary proceedings.” A.H. Manchester, Modern Legal History of England and Wales, 1750–1950 160 (1980).

supplementary proceeding. 1. A proceeding held in connection with the enforcement of a judgment, for the purpose of identifying and locating the debtor’s assets available to satisfy the judgment. 2. A proceeding that in some way supplements another. [Cases: Execution 358; Federal Civil Procedure 2707. C.J.S. Executions §§ 345–347, 386.]

[Blacks Law 8th]