The Dutch court system is divided in different areas of the law, such as civil Law, administrative Law, and criminal law. An attorney dutch court cases is often mandatory. The Dutch court system and the Dutch legal system also differ from anglo-saxon systems.
Dutch court cases jurisdiction
Most civil proceedings in the Netherland start at a district court in one of the 11 district courts (in Dutch: Rechtbank) in the Netherlands. A lawsuit starts with a subpoena, a lawsuit, a petition or an appeal, drafted by a Dutch attorney for court cases.
There are 4 courts of appeal (Gerechtshof) and 1 supreme Court (Hoge Raad). Judges are independent and can only be removed from offices for malfeasance or incapacity, which rarely happens.
The 11 district courts always include the administrative section, the civil section, criminal section and sub-disctrict judge. Cases can be heard by a single or multiple (3) judges, depending on the subject and the complexity of the case. Most often cases are heard by a single judge, but a court can decide to appoint three judges to a case which is complex or which involves fundamental issues.
Dutch litigation attorney
In some cases of civil law, for litigation a Dutch attorney is not mandatory. Cases like involving rent, hire and employment law. Even if a attorney is not required, it is wise to seek expert advice from an attorney, since often the same rules for litigation apply.
Summary proceedings in the Netherlands
In case of urgent interest it is also possible to start summary proceedings. A defendant is not required to have an attorney, but is highly recommended, since the stakes can be quite high and knowledge of the specific rules for Dutch court cases is indispensable.
Attorney Dutch court cases
The Dutch law provides specific rules for the Civil Procedure. There are also specific litigation rules: there are specific regulation for each court (in Dutch: procesreglementen).
Involved in a court case and in need for a Dutch attorney? Do not hesitate to call/mail me, Jasper Hagers.