The summary decisional procedure is a legal process used when the total amount of damages claimed is $30,000 or less, excluding interest and costs. This procedure allows either the complainant or the respondent to opt for a resolution without a formal oral hearing. Instead, they can submit evidence and support for their case in a manner specified by the relevant regulations.
This term is primarily used in civil law contexts, particularly in cases involving reparations or claims related to commodity and securities exchanges. The summary decisional procedure streamlines the resolution process for smaller claims, making it accessible for individuals who may not have extensive legal experience. Users can often manage these cases themselves with the appropriate legal templates available through services like US Legal Forms.
Here are a couple of examples of abatement:
Example 1: A small business owner files a claim for $25,000 against a supplier for breach of contract. They choose the summary decisional procedure to expedite the resolution without a hearing.
Example 2: A consumer seeks $15,000 in damages from a contractor for incomplete work. They utilize the summary decisional procedure to present their case efficiently. (hypothetical example)
The summary decisional procedure is governed by 17 CFR 12.2, which outlines the rules related to reparations in commodity and securities exchanges. This regulation specifies the conditions under which the summary procedure can be utilized.
| Term | Description | Differences |
|---|---|---|
| Summary Decisional Procedure | A streamlined process for claims under $30,000 without a hearing. | Focuses on smaller claims and allows evidence submission without oral hearings. |
| Formal Hearing | A structured legal proceeding with witness testimonies and cross-examinations. | Involves more extensive procedures and is used for larger or more complex cases. |
| Mediation | A voluntary process where a neutral third party helps resolve disputes. | Mediation is collaborative, while the summary decisional procedure is more unilateral. |
If you believe the summary decisional procedure applies to your situation, consider the following steps:
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| Typical Claim Amount | Up to $30,000 |
| Jurisdiction | Federal regulations apply, specifically under 17 CFR 12.2 |
| Oral Hearing Requirement | No |
| Evidence Submission | Required in prescribed format |
The maximum claim amount is $30,000, excluding interest and costs.