summary proceeding

summary proceeding
A proceeding by which a controversy is settled, case disposed of, or trial conducted in a prompt, simple manner without the aid of a jury and without observance of requirements which prevail in a plenary action in reference to commencement of action, service of papers, etc. Western & A. R. Co. v Atlanta, 113 Ga 537, 38 SE 996. A proceeding in the Bankruptcy Court upon petition and answer at a day set for hearing upon notice or order to show cause against the relief proposed. 9 Am J2d Bankr § 69. A proceeding before an administrative body, requiring notice and hearing, but not requiring a full compliance with the rules governing trials of civil actions. Emerson v Hughes, 117 Vt 270, 90 A2d 910, 34 ALR2d 539. Summary proceedings are not conducted without proper investigation of the facts, or without notice or an opportunity to be heard by the person alleged to have committed the acts, or whose property is sought to be affected. The term summary proceedings is also applied to proceedings which are taken lawfully, but without resort to the courts, such as the physical abatement of a nuisance, or the recaption of goods. Western & Atlantic Railroad Co. v Atlanta, 113 Ga 537, 38 SE 996.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • summary proceeding — see proceeding Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. summary proceeding …   Law dictionary

  • summary proceeding — noun Date: 1643 a civil or criminal proceeding conducted without formalities (as pleadings) for the speedy disposition of a matter …   New Collegiate Dictionary

  • summary proceeding — noun : a civil or criminal proceeding in the nature of a trial conducted without the formalities (as indictment, pleadings, and a jury) required by the common law, authorized by statute, and used for the speedy and peremptory disposition of some… …   Useful english dictionary

  • summary proceeding — Law. a mode of trial authorized by statute to be held before a judge without the usual full hearing. * * * …   Universalium

  • summary proceeding — sum′mary proceed′ing n. law a mode of trial authorized by statute to be held before a judge without the usual full hearing …   From formal English to slang

  • summary — sum·ma·ry / sə mə rē/ adj: done immediately, concisely, and without usual formal procedures; esp: used in or done by summary proceeding compare plenary sum·mar·i·ly /sə mer ə lē/ adv Merriam Webster’s Dictionary of Law. Merriam Webster …   Law dictionary

  • proceeding — pro·ceed·ing n 1: a particular step or series of steps in the enforcement, adjudication, or administration of rights, remedies, laws, or regulations: as a: an action, hearing, trial, or application before the court collateral proceeding: a… …   Law dictionary

  • 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 …   Black's law dictionary

  • Summary offence — Criminal law Part of …   Wikipedia

  • proceeding — In ordinary usage, including all methods of invoking the action of courts and applicable generally to any step taken by a suitor to obtain the interposition or action of a court. 1 Am J2d Actions § 3. An action. More particularly, any application …   Ballentine's law dictionary

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