Legal Definitions - summary procedure

A summary procedure refers to a streamlined and expedited legal process designed to resolve certain types of cases or specific issues within a case more quickly and efficiently than a full, traditional trial. It is typically employed when the essential facts are not genuinely disputed, or when a legal question can be decided without extensive evidence, witness testimony, or lengthy arguments. The primary goal is to reach a prompt decision, thereby saving time and resources for all parties involved and the court system.

• Example 1: Landlord-Tenant Eviction

  Imagine a landlord seeking to evict a tenant for consistently failing to pay rent. If the tenant does not dispute that the rent is unpaid, many jurisdictions offer a summary eviction procedure. This process allows the court to quickly issue an order for possession without a lengthy trial involving extensive evidence or witness testimony, as the core fact (unpaid rent) is not contested. This illustrates a summary procedure because it bypasses the full trial process due to the lack of a factual dispute, leading to a much faster resolution.

• Example 2: Motion for Summary Judgment

  In a civil lawsuit, if one party believes that there is no genuine dispute over the crucial facts and that they are entitled to win the case based purely on the law, they might file a motion for summary judgment. The court would then review the submitted documents and legal arguments. If the court agrees that no reasonable jury could find for the other side based on the undisputed facts, it can issue a judgment immediately, avoiding the need for a full trial. This is a classic example of a summary procedure, as it allows a case to be decided on legal grounds without the time and expense of presenting evidence and witnesses at trial.

• Example 3: Small Claims Court Hearings

  Consider a dispute in small claims court where one person is suing another for the cost of a damaged item, say $1,500. Small claims courts often employ summary procedures. The rules of evidence are relaxed, formal pleadings are minimal, and the judge often plays a more active role in questioning parties directly. This allows for a swift hearing and decision, making it easier and faster for individuals to resolve minor financial disputes without the complexity and expense of a standard civil trial. This demonstrates a summary procedure by simplifying court rules and processes to achieve quick, accessible justice for smaller claims.