Legal Definitions - summary procedure

Summary procedure, also known as show-cause proceeding, is a legal process that is usually expedited and initiated by a show-cause order. It is a way for a court to quickly resolve a legal matter without the need for a full trial.

One example of a summary procedure is when a landlord initiates an eviction proceeding against a tenant. The landlord may file a show-cause order, which requires the tenant to appear in court and explain why they should not be evicted. The court may then make a decision based on the evidence presented at the hearing.

Another example is when a creditor initiates a summary procedure to collect a debt. The creditor may file a motion for summary judgment, which asks the court to rule in their favor without the need for a trial. The court may grant the motion if it determines that there are no genuine issues of material fact and that the creditor is entitled to judgment as a matter of law.

These examples illustrate how summary procedure can be used to quickly resolve legal disputes without the need for a full trial. It allows the court to make a decision based on the evidence presented at a hearing or through written submissions, which can save time and resources for all parties involved.