NETHERLANDS Law and Practice Contributed by: Yvette Borrius, Christine Vreede, Tiffany Zandbergen and Daphne Beunk, Florent B.V.
7.2 Case Management Hearings In preliminary relief proceedings, the oral hearing is generally the first opportunity for the defendant to pre- sent a rebuttal of the claim brought against it. In proceedings on the merits, the court may set a case management hearing ( regiezitting ) at the request of the parties or ex officio. This occurs mainly in complex and extensive civil disputes involving multiple litigants. 7.3 Jury Trials in Civil Cases There are no jury trials in the Netherlands. 7.4 Rules That Govern Admission of Evidence All forms of evidence are admissible in civil law- suits, unless the law provides otherwise. Unlawfully obtained evidence may usually be admitted and con- sidered. The court may disregard evidentiary material when it is submitted too late. The court has great discretionary power in the assess- ment of evidence. There are some exceptions to this rule. Legally valid deeds and criminal judgments deliver conclusive evidence, subject to evidence to the contrary from the other party. Parties are allowed to testify on their own behalf. Prior to 1 January 2025, such testimony had limited eviden- tiary value, but under the new Act on Evidence, it now forms part of the court’s free assessment of evidence. Evidence should, as often as possible, be submitted together with the relevant court document. Parties can, however, submit additional written documentary evidence to the proceedings. Evidence submitted after a certain time prior to the oral hearing will, in principle, not be considered by the court (Section 87 (6) DCCP). 7.5 Expert Testimony Expert evidence is permitted and may be furnished by submitting written expert evidence by one of the litigants or by having an expert examined as a wit- ness. The court may, at the request of the parties or ex officio, order an (independent) expert to provide an expert report or to be heard.
7.6 Extent to Which Hearings Are Open to the Public In principle, court hearings in civil cases are open to the public. Under special circumstances, the court may decide to conduct court hearings behind closed doors (see 1.3 Court Filings and Proceedings ). Depending on the circumstances (ie, larger cases or cross-border matters, with foreign parties) and upon request, courts facilitate (foreign) parties to join physi- cal court hearings by videoconference. Through live streaming facilities (if available), other interested par- ties, including press, can attend court hearings as well. 7.7 Level of Intervention by a Judge In the Dutch legal system, the scope of a civil law dispute is determined by the parties. In principle, the judge may not grant or dismiss a claim that is outside of the debate between the parties. Some judges leave the debate mostly to the parties, while others keep a firm hold on the reins, which is supported by the new Act on Evidence, clarifying the role of the judge in establishing the truth. The reform also clarifies the active role of the court in discussing the facts with the parties (Section 24 DCCP). Within the boundaries of the case as defined by the parties, the judge may raise and explore factual or legal aspects on their own initiative during the oral hearing. This ensures that no relevant facts remain unintentionally under-exposed and reinforces the court’s responsibility for effective, truth-oriented adjudication. There is an increasing degree of case management by judges, which allows a more active approach on the grounds of establishing the truth. In principle, a written judgment is given six weeks after the oral hearing. This date tends to be extended repeatedly. A judge may, in urgent matters, give an oral judgment at the end of a hearing in preliminary relief proceed- ings or proceedings to obtain immediate relief meas- ures before the Enterprise Court. An oral judgment immediately after the hearing is also possible in pro- ceedings on the merits, albeit rare.
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