Also known as: proceed · proceeds · proceeded · proceedings · legal proceeding · court proceeding
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An orderly sequence of acts and events in a lawsuit or other legal action from commencement through judgment.
Any individual step within that sequence or any formal means of seeking redress before a tribunal or agency.
An orderly sequence of acts and events in a lawsuit or other legal action from commencement through judgment.
Select any source to read its text and confirm it supports the definition.
Any individual step within that sequence or any formal means of seeking redress before a tribunal or agency.
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
Pavel Petrov contracted to buy a warehouse from Prosperity Investments. Before closing a fire destroyed the main building. Pavel refused to proceed with the purchase and demanded a price reduction. The court held in the ensuing proceeding that under the majority rule the risk had already passed to Pavel at contract formation so he remained obligated to close.
Perry Pratt testified at trial that he had never seen the defendant near the scene. The prosecutor introduced Pratt's earlier sworn statement given at a preliminary hearing that placed the defendant at the location. The court admitted the prior statement as non-hearsay because it was inconsistent and made under penalty of perjury in a prior proceeding.
Priscilla Parks presided over a contract dispute between two corporations. One defendant was a company in which Judge Parks's spouse held a substantial equity stake. Upon learning of the interest the judge recused herself from the proceeding because the economic interest created a disqualifying conflict.
Penelope Price had served as arbitrator in a commercial dispute between Platinum Partners and a supplier. After the arbitration concluded Price joined a law firm that represented Platinum Partners in a related contract action. The opposing party moved to disqualify the firm because Price had participated personally and substantially in the prior proceeding.
Preston Pratt purchased land subject to a recorded access easement benefiting an adjoining parcel. After Pratt acquired title he denied the neighbor use of the path. The neighbor sued asserting that the burden ran with the land to all subsequent owners including those who acquire title through foreclosure proceedings.
A deposition is treated as a proceeding when the statement was given under penalty of perjury. The rule therefore permits introduction of an inconsistent deposition statement as non-hearsay when the declarant testifies at trial and is subject to cross-examination.
A judge must step aside when the judge or a family member residing in the household knows of an economic interest in the subject matter or in a party to the proceeding. The rule applies even if the interest is held indirectly through a fiduciary capacity.
A lawyer may not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge, adjudicative officer, law clerk, arbitrator, or mediator unless all parties give informed consent confirmed in writing.
An appurtenant benefit or burden runs to all subsequent owners and possessors of the benefited and burdened property, including a person who acquires title through a lien-foreclosure proceeding, unless the terms of the servitude provide otherwise.
Piper Patel introduced a tax bill in the Senate. After passage the House amended it and sent the final version to the President. The President signed the measure into law. A taxpayer challenged the statute in a proceeding arguing that the revenue provisions had not originated in the House as required.
…observed it was important to know on what ground a justice of the peace in the District of Columbia holds his office and what proceedings are necessary to constitute an appointment to an office not held at the will of the President. The applicants had been much embarrassed in obtaining evidence. Reasonable information had…