(Rules of) Procedure – the judicial rule or manner for carrying on a civil class suit or criminal prosecution:

l. A specific method or course of action.
2. The judicial rule or manner for carrying on a civil class suit or criminal prosecution. — aka rules of procedure.”
l. The regular and orderly progression of a lawsuit, including all acts and events between the time of commencement and the entry of judgment.
2. Any procedural means for seeking redress from a tribunal or agency.
3. An act or step that is part of a larger action.
4. The business conducted by a court or other official body; a hearing.
5. Bankruptcy. A particular dispute or matter arising within a pending case — as opposed to the case as a whole. [1]
     Excerpt from Edwin E. Bryant’s The Law of Pleading Under the Codes of Civil Procedure:
    “‘Proceeding’ is a word much used to express the business done in courts.  A proceeding in court is an act done by the authority or direction of the court, express or implied.  It is more comprehensive than the word ‘action,’ but it may include in its general sense all the steps taken or measures adopted in the prosecution or defense of an action, including the pleadings and judgment.  As applied to actions, the term ‘proceeding’ may include-

(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.

Related Terms:

Process – the means of compelling a defendant to appear in court, whether in a civil or criminal case, and of the acts of the court from the beginning to the end of an action or proceeding.

 Due Process of Law – the conduct of legal proceedings according to established rules, forms, and principles for the protection and enforcement of private rights, including notice and the right to a fair hearing before a tribunal with the power to decide the case.


[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[4]: Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 34 (2d ed. 1899).



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Notice: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!