special proceeding

A civil remedy other than an ordinary action. Hazelton-Moffit Special School District v Ward (ND) 107 NW2d 636. Inclusive of every special statutory remedy which is not in itself an action. Sullivan v Storz, 156 Neb 177, 55 NW2d 499, 34 ALR2d 1142. A proceeding instituted for the appointment of an ancillary receiver or for the exercise of summary jurisdiction. Knauth v Latham, 242 US 426, 61 L Ed 404, 37 S Ct 139. A proceeding before an administrative agency. Ames v Department of Labor & Industry, 176 Wash 509, 30 P2d 239, 91 ALR 1392. A proceeding characterized by commencement upon petition and notice, rather than upon service of summons or other form of regular process. Nearly thirty years prior to the adoption of the California Constitution of 1879, special cases and special proceedings had been defined by the state supreme court as something entirely different, as new cases, the creation of statute, and the special proceedings under which were unknown to the general framework or courts of law and equity, and as not including any class of cases for which courts of general jurisdiction had always supplied a remedy. See Bixler's Appeal, 59 Cal 550, 555.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

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