Also known as: processes · due process · service of process
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Formal steps taken in a legal action or prosecution to bring a matter before a court or to enforce its authority.
A writ or summons issued by a court to compel a party to appear or respond in a proceeding.
Formal steps taken in a legal action or prosecution to bring a matter before a court or to enforce its authority.
Select any source to read its text and confirm it supports the definition.
A writ or summons issued by a court to compel a party to appear or respond in a proceeding.
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
Pilar Pena lifts a wallet from a store counter and slides it two inches toward her pocket before the clerk notices. The movement satisfies the asportation element because the property has been carried away however slightly during the process of removal. The clerk's intervention prevents completion of the theft but does not erase the asportation already accomplished.
Phoebe Park defaults on her mortgage payments to Prosperity Investments. The lender initiates judicial foreclosure proceedings that terminate Park's equity of redemption and transfer title through a court-ordered sale. The process allows the mortgagee to obtain the property value after proper notice and opportunity to redeem have passed.
Patrick Phan faces federal charges for an infamous crime carrying a potential prison term exceeding one year. Prosecutors must present the case to a grand jury before filing an information because the Fifth Amendment requires indictment for such offenses. The process protects against unfounded prosecutions by interposing citizen review before trial.
Philip Powell contributes to a judicial candidate's campaign shortly before seeking appointment as a special master in a pending case. The contribution is made to obtain consideration for the appointment. Rule 7.6 prohibits the lawyer from accepting the position because the political contribution was intended to influence the selection process.
The Fifth Amendment requires a grand jury indictment for capital or otherwise infamous crimes. This process does not apply to military cases arising in time of war or public danger.
Foreclosure terminates the mortgagor's equity of redemption through judicial action, power of sale, or strict foreclosure as provided by the mortgage or statute. The specific process determines notice, sale procedures, and remaining redemption rights.
Pierre Poulin receives a summons that fails to name the correct court and omits the required response deadline. He moves under Rule 12(b)(4) to dismiss for insufficient process. The court grants the motion because the document does not constitute valid process that compels appearance.
Pulse Media offers a former employee's out-of-court statement under a hearsay exception. The proponent shows that the declarant is absent from trial and that reasonable efforts including service of process failed to secure attendance. The court admits the statement because the proponent satisfied the unavailability requirement under Rule 804(a)(5).
A summons or writ must identify the court, the parties, and the required response to compel appearance. Defective process that fails to provide this information may be challenged by motion under Rule 12(b)(4).
A declarant is unavailable under Rule 804(a)(5) when the proponent cannot procure attendance by process or other reasonable means. This unavailability allows admission of certain hearsay statements but does not eliminate the need for prior cross-examination where required.
…of mandamus and others by a writ of prohibition. There must then be a jurisdiction somewhere competent to issue that kind of process; where are we to look for it but in that court which the Constitution and laws have made supreme? Blackstone defined mandamus as a command issuing in the king's name from the Court of…