Special Proceedings

Special Proceedings

 

in Soviet civil procedure, a type of procedure in a court of original jurisdiction. Special proceedings are used in hearing cases in which, unlike suits and cases arising from administrative law relationships, there is no dispute as to a legal right. Examples include cases to establish facts that are legally important, to declare a citizen missing or dead, to declare a citizen of limited capacity or incapable, to declare property ownerless, and to establish that information in the registers of civil status is incorrect. Special proceedings are also used in cases involving complaints against the actions of notaries and agencies performing notary functions and in cases to restore rights under lost bearer documents. The court hears cases of special proceedings on the application of interested persons or organizations. If a dispute as to a legal right arises while the case is being heard by the procedure of special proceedings, the court leaves the application unheard, and the interested parties may initiate a suit in court according to the general rules.

References in periodicals archive ?
While the mandate of the OSG is to represent the government and itsofficers in this Honorable Court, the Court of Appeals and all othercourts or tribunals in all civil actions and special proceedings in which the government or any officer, thereof, in his official capacity is a party, it is also incumbent upon it to present to the Court the position that will legally uphold the best interests of the government,although it may run counter to a client's position, the Ombudsman's inthis case,' Solicitor General Jose Calida said in justifying its decision to go against the Ombudsman on the issue.
The court said Section 481(b) of the Local Government Code only allows the provincial legal officer to represent officials involved in their capacities in civil actions and special proceedings, not criminal cases.
As the judiciary's current interpretation of section 5-1510(3) allows creditors to petition the court, the law itself must be amended to prevent creditor's improper use of special proceedings for debt collection.
If requested and authorized by the Planning Board, the Planning Board Attorney will represent the Planning Board in litigation or special proceedings on a case by case basis.
The social activist Ishwari Prasad Khandelwal, who filed this plea before a designated court here on Saturday, said Hasan Ali's offence warranted special proceedings by saying it was of an exceptional nature.
In 2004, the First Circuit decided In re Special Proceedings, (24) holding a strong showing of particularized need is required for grand jury witnesses to access their transcript.
In addition, the standards of care imposed on agents and the requirements for acceptance by third parties as well as the special proceedings authorized to enforce or validate a power of attorney or to monitor the actions of an agent are also made applicable to previously executed powers of attorney.
5 has introduced special proceedings for company-related civil claims, actions brought against managers or in connection with transfer of shares, shareholder agreements, stock brokerages, stock exchange dealings, investment funds and disputes between banks and consumers' associations.
This Agreement and performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State of Texas.
We wish to express our special thanks to the following individuals who served as reviewers for this Special Proceedings issue:
At its heart is a two-storey glass cylinder containing the special proceedings courtroom.
The Ministers are expected to adopt an overall negotiating proposal, based on Article 20 of the 1994 GATT Agreement on Agriculture, the EU is due to submit before the end of the year during special proceedings conducted by the WTO's Agriculture Committee.

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