{"id":10483,"date":"2017-12-09T04:27:23","date_gmt":"2017-12-09T04:27:23","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=10483"},"modified":"2023-04-14T04:40:09","modified_gmt":"2023-04-14T04:40:09","slug":"process","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=10483","title":{"rendered":"process – the means of compelling a defendant to appear in court (civil or criminal cases), and all the acts of the court from the beginning to the end of an action or proceeding"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Legal Precepts Adopted into U.S. Law (from Europe) through the Constitution<\/a> >>>> Roman \u201cCivil Republic\u201d State Law<\/a> >>>> State Law Consists of Two Parts<\/a> >>>> Adjective Law<\/a> >>>> Procedure<\/a> >>>> Process<\/a>:<\/span>
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process<\/span>:<\/span><\/span>
\n<\/strong>n<\/em>.\u00a0(14c.)<\/span><\/span><\/p>\n

1. The proceedings in any<\/span> action<\/a> or prosecution<\/span><\/strong> <due process of law>. <\/strong><\/span><\/span><\/p>\n

2. A<\/span> summons<\/a> or writ<\/a>, especially to appear or respond in court<\/span><\/strong> <service of process>.<\/strong> \u2014 aka<\/span>\u00a0judicial process<\/strong><\/span><\/em>; legal process<\/em><\/strong><\/span>.\u00a0[1]<\/span><\/span><\/p>\n

1. A series of actions, motions, or occurrences; progressive act or transaction; continuous operation or treatment; a method of operation or treatment.<\/span> Martin v Minerals Separation North American Corporation<\/em> (DC Md) 29 F Supp 1<\/span>46<\/span>. <\/span><\/span><\/span><\/strong><\/p>\n

2. In a broad sense, all of the acts of the court from the beginning to the end of an action or proceeding.<\/span> Blair v Maxbass Secur. Bank<\/em>, 44 ND 12, 176 NW 98<\/span>. <\/span><\/span><\/span><\/strong><\/p>\n

5. The means by which the purposes of the law may be applied and executed as between private litigants or as between the state and an accused.\u00a0 In a technical sense, the means of compelling a defendant to appear in court, whether in a civil or criminal case.\u00a0 A writ, warrant of arrest, or other means of subjecting person or property to the jurisdiction of the court<\/span>. 42 Am J1st Proc \u00a7 2<\/span>.<\/span><\/strong>
\nSee due process of law<\/em>; service of process<\/em>.[2]<\/span><\/span><\/span><\/p>\n

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1. In a broad sense, all of the acts of a court from the beginning to the end of an action or proceeding; the means by which the law is applied and carried out. <\/span><\/strong><\/span><\/p>\n

2. In a technical sense, the means of compelling a defendant to appear in court in a civil case. EXAMPLES: a summons; a writ; a warrant. <\/span><\/strong><\/span><\/p>\n

3. In a criminal case involv<\/span>ing a petty offense or an infraction (EXAMPLES: littering; a traffic violation), the means of compelling a defendant to appear in court, used as an alternative <\/span>to arrest (EXAMPLE: a citation). <\/span><\/strong><\/span><\/p>\n

4. A series of actions or occurrences; a progressive transaction; a continuous operation.<\/strong> <\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 See actual service of process<\/em>; constructive service of process<\/em>; compulsory process<\/em>; foreign service of process<\/em>; malicious abuse of process<\/em>; malicious use of process<\/em>; mesne process<\/em>; original process<\/em>; personal service of process<\/em>; service of <\/em><\/span>process<\/em>; substituted service of process<\/em>; trustee process<\/em>; void process<\/em>. [3]<\/span><\/span><\/p>\n<\/div>\n

\u00a0 \u00a0 \u00a0Excerpt from Joseph Chitty’s\u00a0<\/span>A Practical Treatise on the Criminal Law<\/a><\/em>:<\/strong><\/span><\/div>\n
\u00a0<\/strong><\/span><\/div>\n
\u00a0 \u00a0 \u00a0\u201cProcess is so denominated because it proceeds<\/em> or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the<\/span>\u00a0writs<\/a> or judicial means by which he is brought to<\/span>\u00a0answer<\/a>.<\/span>\u201d<\/strong> [4] \u00a0<\/span><\/div>\n
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\u00a0 \u00a0 Excerpt from C.J.S.’s\u00a0Process<\/a><\/em>:<\/strong><\/span><\/div>\n
\u00a0<\/strong><\/span><\/div>\n
\u00a0 \u00a0 \u00a0\u201cThe term \u2018process\u2019 is not limited to \u2018summons<\/a>.\u2019 In its broadest sense it is equivalent to, or synonymous with, \u2018procedure,\u2019 or \u2018proceeding.\u2019\u00a0 Sometimes the term is also broadly defined as ‘the means whereby a court compels a compliance with its demands.’\u00a0<\/span><\/strong><\/span><\/div>\n
\u00a0<\/strong><\/span><\/div>\n
\u00a0 \u00a0 \u2018Process\u2019 and \u2018<\/span>writ<\/a>\u2019 or \u2018<\/span>writs<\/a>\u2019 are synonymous, in the sense that every<\/span>\u00a0writ<\/a> is a process, and in a narrow sense of the term \u2018process\u2019 is limited to judicial\u00a0writ<\/a>\u00a0in an action, or at least to<\/span>\u00a0writs<\/a>\u00a0or writings issued from or out of a court, under the seal thereof and returnable thereto; but it is not always necessary to construe the term so strictly as to limit\u00a0it to a writ issued by a court in the exercise of its ordinary jurisdiction.<\/span>\u201d<\/strong> [5]<\/span><\/div>\n
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Related Terms:<\/span><\/strong><\/p>\n

due process<\/span><\/a> – 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.<\/span><\/strong><\/span><\/p>\n