A special proceeding is used to establish a right or enforce an obligation in a civil matter in an expedited fashion. Which statement accurately describes a characteristic of special proceedings?

• A. They require no statutory authorization.
• B. They are primarily initiated by a petitioner and include pleadings such as petition, answer, and reply.
• C. They do not allow leave of court to join additional parties.
• D. They always involve a jury trial.

Answer: (B)

Special proceedings are a streamlined, statutorily authorized path to resolve a specific right or obligation, started by a petition rather than a complaint. This framework is why the defining characteristic is that the action is primarily initiated by a petitioner and uses pleadings such as petition, answer, and, where appropriate, a reply. The petition lays out the facts and the relief sought, the respondent answers, and a reply may be allowed to address any new issues raised. Because these proceedings are created and governed by statute, they cannot be brought without that statutory authorization. They are typically bench proceedings, not jury trials, and the court may allow joinder of additional parties by appropriate motion or order when needed, rather than categorically prohibiting it.