This section includes legal terms used in both civil and criminal proceedings. For instance, motions, pleas, pleadings, and court orders are used in criminal and civil cases. Page in making.
pleadings – formal documents setting forth or responding to (civil) allegations, claims, denials, defenses, or (criminal) charges.
motions – request a specific ruling or order.
objections – oppose something that occurred or is about to occur: seek an immediate ruling on the point.
proceeding:
(16C)
(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.” [4]
See action; ancillary proceeding; practice; procedure; special proceeding; summary proceeding. [2]
See administrative proceeding; adversarial proceeding; judicial proceeding; legal proceeding; special proceeding; summary proceeding; supplementary proceeding. [3]
References:
Disclaimer: All material throughout this website is compiled in accordance with Fair Use.
[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6
[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949). Edited by William S. Anderson. © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY. Library of Congress Catalog Card No. 68-30931
[3]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949). Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning. ISBN 0-8273-4874-6.
[4]: Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 34 (2d ed. 1899).
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