Sometimes you cannot wait for a regular lawsuit that can take months. Think of an impending eviction, an urgent labor dispute, or a ban that you need immediately. In such situations, you or the other party can start a summary proceedings.
In this article, we explain what summary proceedings are, when you can use them, how the procedure works, and what the consequences of a judgment are.
What is a summary proceeding?
A summary proceeding is an urgent procedure before the interim relief judge. The judge makes a quick, provisional judgment to solve the most pressing issue.
Characteristics:
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Speed: usually a verdict within 2 to 6 weeks.
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Urgency: the case cannot wait for a regular procedure.
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Provisional measure: the judgment is not definitive, but it applies immediately.
When can you start summary proceedings?
Summary proceedings can be used in a variety of situations, for example:
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Housing: impending eviction, shutdown of gas, water or light.
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Labor: wage claim, too swift threat of dismissal, non-competition clause.
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Consumer law: delivery of a product or service urgently needed.
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Family law: visitation rights with children, return to parent.
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Prohibitions: a publication ban, stopping of works or actions.
👉 Condition: there must be urgency.
How does the procedure work in summary proceedings?
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Draft a summons
Your lawyer issues a summons in which the urgent request is stated. -
Hearing before the interim relief judge
A verbal treatment at the court follows within a few weeks. -
Judgment (verdict)
The judge usually makes a judgment within 2 weeks. This is called the summary judgment. -
Enforceability
The verdict is provisionally enforceable: it applies immediately, even if the loser appeals.
What are the consequences of a summary judgment?
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The verdict applies immediately, but is provisional.
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For a definitive ruling, a substantive procedure must follow.
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Yet it is often decisive because parties adhere to it.
Examples from practice
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Example 1 (labor): An employee was wrongly not paid any more wages. In summary proceedings, wage payment was immediately awarded.
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Example 2 (rent): A tenant received a summary eviction proceeding. With defense, we were able to enforce a delay and a payment arrangement.
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Example 3 (media): A person demanded a publication ban in summary proceedings because of defamation. The judge rejected the request because freedom of the press weighed more heavily.
Checklist: start summary proceedings or defend
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📄 Is there really an urgency?
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📑 Collect evidence (contracts, letters, emails).
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⏳ Engage a lawyer quickly: the deadlines are short.
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⚖️ Decide whether summary proceedings are enough or whether a substantive procedure is needed.
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📝 Prepare for a verbal treatment at the court.
Common mistakes
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Thinking that summary proceedings give a definitive ruling.
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Not demonstrating urgency: the judge will then dismiss it.
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Engaging legal assistance too late, resulting in a lack of preparation.
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Expecting that summary proceedings will always solve all problems.
Frequently Asked Questions (FAQ)
1. What does a summary proceeding cost?
You pay court fees and attorney fees. Often the costs are lower than with long procedures.
2. Do I always need a lawyer?
In most cases yes, especially for civil cases.
3. How quickly do I get a ruling?
Usually within 2 weeks after the hearing.
4. Can I appeal against a summary judgment?
Yes, you can. But the ruling remains valid until the court decides otherwise.
5. Is a summary proceeding binding?
The verdict is provisional. The ruling in a substantive procedure can turn out differently.
Why Arslan Lawyers?
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Experienced in conducting summary proceedings and defense
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Quick and strategic approach to urgent matters
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Knowledge of employment law, tenancy law, family law, and civil matters
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Often achieve quick and effective results
Conclusion
Summary proceedings are the way to quickly get clarity on urgent matters. The verdict is provisional, but immediately enforceable. Always engage a lawyer in time to increase your chances and conduct a good defense.
