What is summary judgment?

Summary judgment is - as the word literally says - a short judicial proceeding. It is an expedited hearing of a case in the preliminary injunction court. In fact, in some legal cases, the urgency is such that a proceedings on the merits cannot wait. However, you cannot simply file summary judgment. To begin with, the case must be urgent. Moreover, the substance of the case must lend itself to it. There are also substantial differences from proceedings on the merits in terms of the claims you can bring and the consequences of the judgment.

When to file for summary judgment? Urgent interest a suit

Summary proceedings can only be instituted in urgent cases in which, given the interests of the parties, an immediate measure is necessary. Such a measure is called a remedy. That measure is ‘provisional’ because it applies until a judgment is rendered in proceedings on the merits. If the plaintiff in interlocutory proceedings could also wait for the decision in ordinary proceedings without a preliminary injunction being granted, there is no urgent interest and the court will refuse the claim. In addition, the case can only be heard in summary proceedings if it is suitable for that purpose. Thus, if the case is too complicated factually or legally to reach a preliminary ruling within the short period of time allowed for summary judgment, the court also rejects the claim.

Because injunctive relief is granted only in summary proceedings, no declaratory relief can be sought. Nor can the termination of an agreement claimed. This is because the judge in interlocutory proceedings may not establish legal facts. However, the judge in interlocutory proceedings may grant a provisional measure based on his expectations of what the judge on the merits does.

Procedural history in summary proceedings

To file an interlocutory appeal, the plaintiff must first file a draft subpoena file with the court. The dates of prevention must also be given. These are the dates when it is not possible to come to a hearing. Based on this, the court determines a hearing date: usually this is about 6 to 8 weeks after a date is requested. Then the plaintiff must summon the defendant (the other party) with a summons to appear at the hearing. The defendant is not required to be assisted by a lawyer in summary proceedings. He may also defend himself. The judge then makes a summary assessment of the case. The parties are heard and the defendant is given the opportunity to defend himself.

Verdict and implications

Judge does two weeks after hearing ruling. Given the urgency of the matter, this can also be done earlier. Appeal must be filed within four weeks. In its ruling, the judge grants or denies the requested remedy. By doing so, the judge gives a preliminary judgment on the dispute. However, the judge on the merits is not bound by this judgment. The judgment in summary proceedings is often enforceable. This can greatly affect your position as a plaintiff or defendant. The trial lawyer at Lexys Lawyers can tell you more about starting summary proceedings, the process and the possibilities that summary proceedings can offer you.