NETHERLANDS Law and Practice Contributed by: Yvette Borrius, Christine Vreede, Tiffany Zandbergen and Daphne Beunk, Florent B.V.
4.7 Application/Motion Timeframe To the extent deemed required, the court decides first and in advance upon any preliminary applications. This is assessed in accordance with the nature and the contents of the claim, the interests of the par- ties and the interest of an efficient litigation process. In principle, there is a timeframe of two weeks for a statement of defence in a procedural issue, and four weeks for a ruling.
common in more complex cases. However, the court is not obliged to comply with such a request. 4.3 Dispositive Motions There are no dispositive motions under Dutch law. 4.4 Requirements for Interested Parties to Join a Lawsuit Anyone who has an interest in a case before the court that is between other parties may apply for permis- sion to join the lawsuit or to intervene in it (Section 217, DCCP). In a joinder, the interested third party supports the position of one of the parties. In the case of an inter- vention, the interested third party takes up its own position in respect of both the claimant and the defendant. Both in the cases of a joinder and an inter- vention, an interested third party voluntarily intervenes in a dispute which is already pending before the court. A motion to request the court to allow a joinder or an intervention can be submitted ultimately on the day the last written statement is due to be filed. A joinder or intervention will be allowed when the interested party can demonstrate that it has (sufficient) interest to join or intervene (eg, if its position is affected by the main proceedings). 4.5 Applications for Security for Defendant’s Costs Defendants against whom a claim is brought by a claimant with no domicile or residence in the Nether- lands may request the court to order that the claimant provides security for the litigation costs (Section 224, DCCP). The practical relevance of the obligation to provide security is limited as a result of several excep- tions (eg, no such obligation exists when this follows from a treaty or EU regulation). 4.6 Costs of Interim Applications/Motions In addition to the order to pay costs in the main pro- ceedings, the court may separately order payment of costs in its decision on the procedural issues. The losing party is generally ordered to pay the costs (see 11.1 Responsibility for Paying the Costs of Litiga- tion ).
5. Discovery 5.1 Discovery and Civil Cases
Dutch procedural law does not provide for discov- ery or disclosure procedures comparable to common law systems. The production of documents and other evidentiary material is governed by specific statutory provisions. As of 1 January 2025, the new Act on Modernisation and Simplification of the Law of Evidence ( Wet vereen- voudiging en modernisering bewijsrecht ) (the “new Act on Evidence”) entered into force. The reform simpli- fies and clarifies the rules governing how parties can obtain information and collect evidence both before and during civil proceedings. It aims to promote an efficient, transparent and fair fact-finding process. The modernised regime (Sections 194 et seq. DCCP) introduces a uniform framework for provisional evi- dence measures ( voorlopige bewijsverrichtingen ), which include inspection of documents and data, hearing of witnesses, expert investigations and site inspections. These measures can be requested before or during proceedings and may be combined in a sin- gle application, streamlining evidence-gathering and reducing procedural fragmentation. The reform also codifies the possibility to seize evi- dence ( bewijsbeslag ) beyond intellectual-property cases, extending this mechanism (Sections 205 et seq. DCCP) to all civil disputes where preservation of evidence is necessary. It further recognises the option to request a bailiff to record a factual situation ( deur- waarderconstatering ), allowing parties to document perishable or transient evidence efficiently before or during proceedings.
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