Civil Proceedings

Are you embroiled in a legal dispute and are you considering going to court? Or have you received a writ of summons and do not know what to expect? In this blog, we will explain the course of civil proceedings step by step, from the beginning to the end.

Civil Procedural Law

Civil procedural law contains all rules concerning civil proceedings: how a dispute is taken to court, the manner of conducting legal proceedings, procedural time limits, the formal requirements of procedural documents, etc. The most important procedural laws are the Dutch Code of Civil Procedure (DCCP) and the Judiciary (Organisation) Act.

The cause list regulations and other rules that are drawn up by the District Courts and Courts of Appeal themselves are also highly relevant: the actual course of events with regard to proceedings is set out in these rules and regulations. Examples are requirements for submitting documents, rules concerning postponement of hearings, and other “house rules”.

Litigation Solicitors and Barristers

In addition to being experts in their fields of law, all lawyers of AMS are experienced litigation lawyers and barristers. This means that they regularly advise clients on and also assist them in civil proceedings. These are proceedings conducted in accordance with the rules of Dutch civil procedural law before the Subdistrict Courts, the Summary Proceedings Courts, and the “ordinary” civil courts hearing the case on the merits, both in the first instance and on appeal. The AMS lawyers also have experience with arbitration proceedings and regularly work together with specialised law firms in cassation proceedings.

The most important parts of civil summons proceedings are discussed on this page.

Which Type of Law Applies?

When a dispute arises between parties from different countries, it is essential to determine which law applies. This may be stipulated by agreements between the parties, but also by international regulations, such as the Rome I and Rome II Regulations. The Vienna Sales Convention, which deviates from Dutch law on specific points, often applies for international sales contracts between businesses. More information regarding applicable law and the relevant rules can be found on the page concerned.

Which Type of Proceedings

Civil proceedings are proceedings between two or more parties that have a dispute about a contract, such as ownership or compensation for damage.

The first step is to determine before which civil court is appropriate for the civil proceedings at hand. In the first instance, proceedings can be instituted before the Subistrict Court, the Summary Proceedings Court or the “ordinary” civil court.

  1. The Subdistrict Court deals with civil cases up to a maximum amount of €25,000, labour cases, tenancy cases, consumer sale cases, and consumer credit cases. Administration, curatorship, mentorship and rejecting or accepting (under the benefit of inventory or outright) inheritances also come under the jurisdiction of the Subdistrict Court;
  2. A Court in Summary Proceedings is a court that gives judgment in proceedings on urgent matters. The judgment of the Summary Proceedings Court is valid until another judgment has been given. At so-called summary proceedings, the Court decides on the claim or the request for provisional relief (see the page with more detailed information on summary proceedings);
  3. All civil proceedings that cannot be instituted with the Subdistrict Court or the Court in Summary Proceedings can be submitted to the “ordinary” civil court hearing the case on the merits.

Which Court?

To determine, as a next step, which court in the country has jurisdiction to deal with the case, the so-called territorial jurisdiction is considered. The main rule can be found in Article 99 DCCP, which stipulates that the court in the place of residence of the defendant is the competent court. A number of exceptions to this rule have been provided for by law. In addition, parties frequently set out agreements in a contract about which court has jurisdiction to hear a dispute pertaining to that contract. In international disputes, the jurisdiction of the court is determined on the basis of international treaties in combination with national law.