Also known as: judicial proceedings · judicial process · court proceeding
Written by attorneys · grounded in primary & secondary sources — see below
A formal action or step in litigation conducted before a court or tribunal that determines rights or resolves disputes. The term encompasses the regular progression of a lawsuit from commencement through judgment as well as any procedural means for seeking redress from a judicial body.
After Jamal Jefferson is convicted of assault, the prosecutor schedules the sentencing hearing. The victim, Jennifer Jackson, requests to attend and speak. The court permits her presence because no clear and convincing evidence shows her testimony would be altered by hearing other statements.
Police arrange a lineup for witness Jacob Jennings to view suspect Jorge Juarez before any charges are filed. When Juarez later moves to suppress the identification on Sixth Amendment grounds, the court denies the motion because no formal adversary judicial proceeding had begun.
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Judy Jacobs obtains a default judgment in State A against Jones Petroleum for breach of contract. She seeks to enforce it in State B. The State B court must authenticate the judgment by clerk attestation and seal and then accord it the same effect it receives in State A.
Jordan Dynamics disputes whether a trust amendment reflects the settlor's intent. The trustee offers witness testimony about the settlor's statements. The court admits the testimony because it constitutes evidence that would be admissible in a judicial proceeding.
Jennifer Jackson wins a custody order in State A. When the father relocates to State B, she registers the order there. State B must give the State A judicial proceeding the same force and effect it carries in State A under the constitutional command.
Juarez Holdings sues Jung BioTech over a lost contract. The original agreement cannot be obtained through any available judicial process. The court permits secondary evidence of the contract terms under the rule allowing other evidence when the original is unavailable.
The right attaches only after the initiation of formal adversary judicial proceedings such as indictment or arraignment. It does not apply to pre-charge investigative lineups or questioning about uncharged offenses.
Properly authenticated records and judicial proceedings of one state must be given the same effect in every other state as they have in the rendering state. Courts authenticate by clerk attestation and seal together with a judge's certificate.
A court must not exclude a victim unless it finds by clear and convincing evidence that the victim's testimony would be materially altered by hearing other testimony. The court must consider reasonable alternatives and state its reasons on the record.
…courts." Cf. Insurance Co. v. Bangs , 103 U. S. 435, 439. "The test must be whether a rule really regulates procedure, —the judicial process for enforcing rights and duties recognized by substantive law and for justly administering remedy and redress for disregard or infraction of them." Sibbach v. Wilson & Co. , 312 U. S. 1,…