NETHERLANDS Law and Practice Contributed by: Yvette Borrius, Emille Buziau, Marit Balkema and Daphne Beunk, Florent B.V.
In proceedings commenced by an application, a petitioner files an application with a district court. The court will usually order an oral hear- ing (Section 279 DCCP). Any interested party may submit a statement of response to the court prior to the hearing (Section 282 DCCP). In both proceedings the court may request information, allow parties to substantiate their claims and applications, attempt an out-of-court settlement or discuss case management during the hearing. 7.2 Case Management Hearings In preliminary relief proceedings, the oral hearing is generally the first opportunity for the defend- ant to present 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. Unlaw- fully obtained evidence may usually be admitted and considered. The court may disregard evi- dentiary material when it is submitted too late. The court has great discretionary power in the assessment of evidence. There are some excep- tions 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. Currently, such testimony by a party is
only granted limited evidentiary value; it cannot serve as proof of statements in respect of which the burden of proof lies with the testifying party, unless it supplements incomplete evidence. As of 1 January 2025, party witness evidence will be part of the judges’ (free) evidence valuation. Evidence should, as often as possible, be sub- mitted together with the relevant court docu- ment. Parties can, however, submit additional written documentary evidence to the proceed- ings. Evidence submitted after a certain time prior to the oral hearing will, in principle, not be considered by the court (Section 87(6) DCCP). Practice is to change after the Act on Moderni- sation and Simplification of the Law of Evidence, entering into force on 1 January 2025 (see 14.1 Proposals for Dispute Resolution Reform ). The bill supplements the obligation of truth and com- pleteness, putting more emphasis on informa- tion gathering and evidence collection prior to the procedure. 7.5 Expert Testimony Expert evidence is permitted and may be fur- nished by submitting written expert evidence by one of the litigants or by having an expert exam- ined as a witness. The court may, at the request of the parties or ex officio, order an (independ- ent) 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 circumstanc- es, the court may decide to conduct court hear- ings behind closed doors (see 1.3 Court Filings and Proceedings ). Depending on the circum- stances (ie, larger cases or cross-border mat- ters, with foreign parties) and upon request,
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