Summary proceedings: what is it, when and how does the procedure work?

14 September 2025
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Summary proceedings: what is it, when and how does the procedure work?

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:

  • Speed: usually a verdict within 2 to 6 weeks.

  • Urgency: the case cannot wait for a regular procedure.

  • 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:

  • Housing: impending eviction, shutdown of gas, water or light.

  • Labor: wage claim, too swift threat of dismissal, non-competition clause.

  • Consumer law: delivery of a product or service urgently needed.

  • Family law: visitation rights with children, return to parent.

  • Prohibitions: a publication ban, stopping of works or actions.

👉 Condition: there must be urgency.


How does the procedure work in summary proceedings?

  1. Draft a summons
    Your lawyer issues a summons in which the urgent request is stated.

  2. Hearing before the interim relief judge
    A verbal treatment at the court follows within a few weeks.

  3. Judgment (verdict)
    The judge usually makes a judgment within 2 weeks. This is called the summary judgment.

  4. Enforceability
    The verdict is provisionally enforceable: it applies immediately, even if the loser appeals.


What are the consequences of a summary judgment?

  • The verdict applies immediately, but is provisional.

  • For a definitive ruling, a substantive procedure must follow.

  • Yet it is often decisive because parties adhere to it.


Examples from practice

  • Example 1 (labor): An employee was wrongly not paid any more wages. In summary proceedings, wage payment was immediately awarded.

  • Example 2 (rent): A tenant received a summary eviction proceeding. With defense, we were able to enforce a delay and a payment arrangement.

  • 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.


What do summary proceedings cost?

Two cost items are fixed and publicly available: the court fee (griffierecht) you pay to the court, and the amount you can be ordered to pay for the other party’s legal costs if you lose. You can look both up in advance. What your own lawyer costs is separate from this and depends on the arrangements you make.

Court fees 2026

Which rate applies depends on which court hears your case and on who you are. Before the subdistrict court (kantonrechter) only the claimant pays a court fee; before the district court (rechtbank, commercial and family matters) both claimant and defendant pay.

Type of case Legal entity Private individual Low income
Subdistrict court, indeterminate value or up to € 500 € 139 € 93 € 93
Subdistrict court, more than € 12,500 € 1,504 € 753 € 93
District court, indeterminate value € 735 € 341 € 93
District court, up to € 100,000 € 3,083 € 1,414 € 93

If you ask the court to order someone to do or to stop something, without a sum of money being attached to it, that is a claim of indeterminate value. In summary proceedings that is often the case, and it is at once the cheapest category. A private individual asking the subdistrict court for a prohibition or an order therefore pays € 93 in court fees; before the district court that is € 341.

The low-income rate of € 93 can still be obtained afterwards. If at the start you were unable to produce a legal aid certificate or a statement of income because of circumstances that cannot reasonably be attributed to you, and you supply it before the final judgment after all, the court fee is reduced to that rate under article 16 paragraph 4 of the Court Fees (Civil Cases) Act and the court registrar refunds the excess. Do not wait: as soon as you have applied for legal aid, notify the registry in writing.

What you may have to pay the other side if you lose

If you lose, you can be ordered to pay the other party’s litigation costs. That amount is not their lawyer’s actual bill, but a fixed sum according to the liquidation rates (liquidatietarief). For summary proceedings in which judgment is given on or after 1 February 2026, these amounts apply to the representative’s fee:

Complexity of the case Subdistrict court District court (commercial)
Simple, or in default € 577 € 760
Average € 865 € 1,177
Complex € 1,154 € 1,766

To that are added the other party’s court fee and the subsequent costs, and where an attachment has been levied an amount of € 589 in attachment costs. So do not count on a single figure but on a total, and bear in mind that it works the other way round as well: if you win, the other party can be ordered to pay your costs, again at the fixed rate and therefore usually lower than your own bill.

The remaining items

  • Costs of the writ of summons served by the bailiff.
  • Costs of your own legal assistance. Check whether your legal expenses insurance provides cover; in court proceedings you are in principle entitled to a lawyer of your own choosing under article 4:67 of the Financial Supervision Act. See legal expenses insurance refused.
  • Subsidised legal aid. On a lower income and with limited assets a legal aid certificate (toevoeging) may be possible, with a personal contribution. That also opens up the low-income rate for the court fee.
  • Enforcement risk as described above.

The court fees stated are the 2026 rates; the liquidation rates apply to judgments given on or after 1 February 2026 and are indexed every two years. In a pending case, always check the current rate with the Netherlands Judiciary (Rechtspraak).

Checklist: start summary proceedings or defend

  • 📄 Is there really an urgency?

  • 📑 Collect evidence (contracts, letters, emails).

  • ⏳ Engage a lawyer quickly: the deadlines are short.

  • ⚖️ Decide whether summary proceedings are enough or whether a substantive procedure is needed.

  • 📝 Prepare for a verbal treatment at the court.


Common mistakes

  • Thinking that summary proceedings give a definitive ruling.

  • Not demonstrating urgency: the judge will then dismiss it.

  • Engaging legal assistance too late, resulting in a lack of preparation.

  • 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?

  • Experienced in conducting summary proceedings and defense

  • Quick and strategic approach to urgent matters

  • Knowledge of employment law, tenancy law, family law, and civil matters

  • 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.

More frequently asked questions

What types of urgent legal issues can be addressed through summary proceedings?

Summary proceedings are suitable for urgent matters such as impending evictions, wage claims, urgent consumer requests, or visitation rights in family law. The key factor is the presence of a genuine urgency that requires immediate legal intervention.

How long does it typically take to get a judgment in a summary proceeding?

A summary proceeding usually results in a verdict within 2 to 6 weeks, with the judge making a provisional, non-final judgment that applies immediately. This quick process helps resolve urgent issues without waiting for a lengthy regular lawsuit.

Is the judgment in a summary proceeding final and enforceable?

The judgment in a summary proceeding is provisional and applies immediately, even if the other party appeals. A definitive ruling can only be obtained through a subsequent substantive procedure.

What should I do if I need to initiate or defend against a summary proceeding?

What do summary proceedings cost in the Netherlands?

Two items are fixed and public. The court fee for 2026 before the subdistrict court is € 139 for a legal entity and € 93 for a private individual in cases of indeterminate value, rising to € 1,504 and € 753 above € 12,500; before the district court it is € 735 and € 341 for indeterminate value and € 3,083 and € 1,414 up to € 100,000. If you lose you can also be ordered to pay the other party’s costs at the fixed liquidation rate, from € 577 to € 1,766 depending on the court and the complexity. Your own lawyer’s fee is separate.

You should quickly gather evidence, engage a lawyer due to short deadlines, and carefully decide whether summary proceedings are sufficient or if a full case is necessary. Preparing for the court hearing is also essential.


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