dagprocedure

A dagprocedure is a type of legal proceeding in Dutch civil law. It is a summary hearing before a judge, designed for cases that require a swift decision. The term "dagprocedure" literally translates to "day procedure," highlighting its expedited nature.

The primary purpose of a dagprocedure is to grant provisional relief. This means the judge makes a temporary decision that will remain in force until a final judgment is issued in a separate, full court case. Such procedures are typically used for urgent matters where waiting for a full trial would cause irreparable harm or significant disadvantage. Examples include injunctions to stop certain actions, provisional maintenance orders, or the temporary seizure of assets.

Key characteristics of a dagprocedure include a short notice period, limited evidence presentation, and a focus on the urgency of the situation. Both parties are given the opportunity to present their arguments and evidence, but the process is streamlined. The judge will weigh the interests of both parties and decide whether immediate action is necessary.

While the decision in a dagprocedure is provisional, it can have substantial practical consequences. It is not a final ruling on the merits of the case, and a full legal procedure will still be necessary to determine the ultimate rights and obligations of the parties. However, the outcome of the dagprocedure can significantly influence the course of subsequent litigation.