Legal Definitions - prayer of process

A prayer of process refers to a specific section within a formal legal complaint, particularly in historical equity cases, where the plaintiff (the person filing the lawsuit) formally asks the court to issue an order, such as a summons or subpoena. This request is made to ensure that the defendant (the person being sued) is officially notified of the lawsuit and compelled to appear in court and respond to the allegations, especially if they do not do so voluntarily after receiving initial notification.

Essentially, it's the plaintiff's way of asking the court to use its authority to formally bring the defendant into the legal proceedings.

Examples:

• Example 1: Specific Performance in a Contract Dispute

  Imagine a small business, "Artisan Crafts Co.," contracts with a specialized software developer, "CodeGenius Inc.," to create a unique inventory management system. CodeGenius Inc. fails to deliver the software as promised, and Artisan Crafts Co. believes only that specific software will meet their needs, not just monetary damages. Artisan Crafts Co. files a lawsuit seeking specific performance (an order for CodeGenius Inc. to complete the software). In their legal complaint, Artisan Crafts Co. would include a prayer of process, asking the court to issue a formal summons to CodeGenius Inc., ensuring they are legally required to appear and respond to the demand for the software's completion.

• Example 2: Seeking an Injunction for Property Encroachment

  Consider a homeowner, Ms. Davies, who discovers her neighbor, Mr. Chen, is constructing a new shed that clearly extends onto her property. Ms. Davies wants the construction stopped and the encroaching part removed. She files a lawsuit seeking an injunction (a court order to stop an action). Within her complaint, Ms. Davies would incorporate a prayer of process. This requests the court to issue a summons to Mr. Chen, compelling him to formally acknowledge the lawsuit and appear to address the allegations of property encroachment and the request for an injunction.

• Example 3: Demanding an Accounting from a Trustee

  Suppose a beneficiary, Mr. Evans, suspects that the trustee of his family's trust, "SecureWealth Trust," is mismanaging the trust's assets and not providing adequate financial reports. Mr. Evans files a lawsuit asking the court to order SecureWealth Trust to provide a full accounting of all trust funds and expenditures. In his legal filing, Mr. Evans would include a prayer of process, asking the court to issue a formal order to SecureWealth Trust, ensuring the trustee is legally obligated to appear in court and respond to the demand for a detailed financial accounting.