PROCESS, in law, denotes in the widest sense of the word any means by which a court of justice gives effect to its authority. In the old practice of the English common law courts process was either original or judicial. Original process was a means of compelling a defendant to compliance with an original writ (see Writ). Judicial process was any compulsory proceeding rendered necessary after the appearance of the defendant. Process was also divided in civil matters into original, mesne, and final. Original process in this sense was any means taken to compel the appearance of the defendant. A writ of summons is now the universal means in the High Court of Justice. Mesne process was either any proceeding against the defendant taken between the beginning and the end of the action, such as to compel him to give bail, or was directed to persons not parties to the action, such as jurors or witnesses. Arrest on mesne process was abolished in England by the Debtors Act, 1869. Final process is practically coexistent with execution. It includes writs of fieri facias, capias, elegit, sequestration, and attachment. In criminal matters process only applies where the defendant does not appear upon summons or otherwise. A warrant is now the usual form of such process. Service of process on Sunday is void, except in cases of treason, felony, or breach of the peace, 29 Car. II., c. 7. Recent legislation gives facilities for service and execution of certain kinds of process of the courts of one part of the United Kingdom in another part. Thus by 44 & 45 Viet, c. 24 process of an English court of summary jurisdiction may be served in Scotland, and vice versa. A writ of summons in the High Court of Justice may be served out of the jurisdiction in certain cases {Rules of the Supreme Court, ...1883, Ord. xi.).
Stet processus was a technical term used in old common law practice. It consisted of an entry on the record by consent of the parties for a stay of proceedings. Since the Judicature Acts there has been no record, and the stet processus has disappeared with it.
In Scotch law process is used in a much wider sense, almost equivalent to practice or procedure in English law. Process in the English sense corresponds rather to diligence. Where papers forming steps of a process are borrowed and not returned, diligence of process caption lies for their recovery.
In the United States process is governed by numerous statutes, both of Congress and of the State legislatures. The law is founded upon the English common law.
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