Procedural law

What is process law?

When a business conflict cannot be resolved through negotiation, going to court may become necessary. In that case, process law comes into effect: the entire set of rules that dictates how a civil procedure unfolds. These rules are laid down in the Dutch Code of Civil Procedure, as well as in treaties, regulations, and court rulings.

The procedure step by step

A civil procedure begins with a summons or application, stating what you are claiming from the opposing party. This summons calls the opposing party before the court. At the start of the procedure, both parties pay court fees. After payment, the opposing party may respond with a so-called statement of defense or response.

In most cases, the procedure takes place in writing. Is the claim more than € 25,000? Then a lawyer is mandatory. Below that amount, you may represent yourself or enlist the help of a legal expert.

After the written phase, a hearing of the parties often follows: a session where the judge asks questions and tries to mediate. If that fails, the judge will make a ruling in a (partial or final) judgment.

Evidence, summary proceedings, and appeal

Whoever makes a claim must prove it if the other party contests it. The judge may ask parties to provide evidence or call witnesses. For urgent matters, there are summary proceedings: an expedited procedure with a provisional ruling. For a definitive ruling, a main procedure usually follows afterward.

Do you disagree with the ruling? Then you can appeal to the court of appeal. After that, cassation at the Supreme Court is possible, the highest court in the Netherlands.

Seek assistance from a specialist

Litigating is complex and requires knowledge of rules, strategies, and timing. Our specialists support you at every step: from summons and evidence provision to appeals and process strategy.

Contact us for tailored legal advice.