Legal Definitions - summary proceeding

A summary proceeding is a type of legal action designed to be resolved more quickly and with fewer formal steps than a typical lawsuit. These proceedings are often used for matters that require urgent resolution or where the facts are relatively straightforward, allowing a court to reach a decision efficiently. The goal is to expedite justice by streamlining the legal process, often involving shorter notice periods, limited discovery, and a quicker hearing schedule compared to a standard civil or criminal trial.

• Example 1: Residential Eviction

  Imagine a landlord needs to evict a tenant who has repeatedly failed to pay rent. Instead of initiating a lengthy civil trial that could take many months, the landlord can typically file a summary eviction proceeding. This process is specifically designed to be fast, often requiring only a few weeks from the initial filing to a court order for possession, allowing the landlord to regain control of their property much more quickly than through a standard lawsuit. This speed is critical because the landlord is losing income with each passing month the tenant remains.

• Example 2: Temporary Restraining Order (TRO)

  Consider a situation where an individual is facing immediate and irreparable harm, such as domestic violence. They can petition the court for a temporary restraining order (TRO). The court can often grant a TRO within hours or a few days, based primarily on the petitioner's sworn statement, without a full evidentiary hearing or extensive legal arguments from both sides. This expedited process is a summary proceeding because it prioritizes immediate protection over the lengthy formal procedures of a typical trial, with a more comprehensive hearing scheduled for a later date to determine if the order should become permanent.

• Example 3: Minor Traffic Infraction

  When someone receives a ticket for a minor traffic violation, such as speeding or running a stop sign, the case is typically handled through a summary proceeding in traffic court. The individual appears before a judge, often without legal representation, and the matter is resolved quickly through a plea or a brief hearing. There isn't a lengthy discovery phase, jury selection, or extensive witness testimony as there would be in a more serious criminal case. The court aims to process these high-volume, relatively simple cases efficiently to avoid backlogging the judicial system.