Civil court proceedings in the Netherlands

Q: What happens at a court hearing in a Dutch civil case?

At the oral hearing (mondelinge behandeling), the parties explain their positions. The judge can ask questions, let the parties substantiate their statements, try to reach a settlement and discuss the next steps (Article 87(2) Rv). Documents must in principle be filed at the latest ten days before the hearing (Article 87(6) Rv).

Published on 29 January 2021 · Last updated 24 October 2026

Civil court proceedings in the Netherlands usually start with a writ of summons (dagvaarding) served by a bailiff (Article 111 Dutch Code of Civil Procedure, Rv). The defendant files a defence, the court normally holds an oral hearing and then gives judgment. Claims up to €25,000 go to the cantonal judge, where you do not need a lawyer (Articles 93 and 79 Rv).

The defendant will answer this writ of summons by a statement of defense (in Dutch: “Conclusie van Antwoord”). Our Dutch attorneys in the Netherlands are specialized in Dutch procedural law and are experts when it comes to court proceedings in the Netherlands. Our Dutch lawyers can assist you both in analysing the facts of the case and any existing contracts and other agreements, and in issuing the summons on your behalf. We represent your interests in the Netherlands, both in court and before the Chamber of Commerce in Amsterdam. In what follows, our litigation attorney in the Netherlands explain the procedure and duration of legal proceedings in the Netherlands. Our team also advises on Dutch lawyers appeal proceedings Dutch court.

What does litigation in the Netherlands cost?

The party that loses is ordered to pay the costs of the proceedings, including a contribution to the winning party’s lawyer’s fees (Article 237(1) Rv). The court can split the costs if each party loses on some points. As a rule, the costs awarded are not the actual expenses but fixed amounts, which the court sets in the judgment itself (Article 237(3) Rv). There are exceptions: in intellectual property enforcement cases, for example, the losing party can be ordered to pay the reasonable and proportionate costs actually incurred (Article 1019h Rv).

Each party also pays a court fee (griffierecht): the claimant from the first court date and the defendant from the moment it appears, each within four weeks (Section 3 Court Fees Act in Civil Cases, Wgbz). A defendant before the cantonal judge pays no court fee (Section 4(1)(b) Wgbz). The fee depends on the court, the value of the claim and whether the party is a natural person. In the table in force since 1 January 2026, a company suing at the district court pays €3,083 for a claim of up to €100,000, €7,062 for a claim of more than €100,000 up to €1 million, and €10,487 above €1 million (Wgbz, annex). At the cantonal court, a claimant company pays between €139 and €1,504. Cases before the Netherlands Commercial Court (Article 32a Rv) carry a fee of €19,518 at first instance, or €9,759 in the cases of Article 32a(3) Rv.

Disputes can also be resolved outside the courts; we regularly assist clients with Arbitration in the Netherlands.

How is Dutch civil procedure structured?

A civil case starts with the claimant’s writ of summons (dagvaarding). The defendant answers with a statement of defence (conclusie van antwoord), in which it must raise all procedural objections together with its defence on the merits, and it can bring a counterclaim (eis in reconventie) (Articles 128 and 136 Rv).

Civil cases at first instance are heard by one of the eleven district courts (rechtbanken) (Section 1 Judicial Division Act). Claims of up to €25,000, and cases about employment, lease, agency or consumer sale whatever their value, go to the cantonal judge (kantonrechter) (Article 93 Rv). Before the cantonal judge, you can act in person or through an authorised representative; in other cases you need a Dutch lawyer (advocaat) (Articles 79 and 80 Rv), although a defendant in summary proceedings (kort geding) may also act in person (Article 255(1) Rv).

The writ of summons states the claim and its grounds, the defences the defendant has already raised, the evidence available and the court date (roldatum) (Article 111(2)-(3) Rv). A bailiff serves it on the defendant, normally at least one week before that date (Article 114 Rv). The claimant then files it with the court registry, at the latest on the last day the registry is open before the court date (Article 125(2) Rv).

After the statement of defence, the court orders an oral hearing (mondelinge behandeling), unless it finds the case unsuitable for one (Article 131 Rv). At the hearing, the parties explain their positions; the judge can ask for information, try to reach a settlement and discuss how the case will proceed (Article 87(2) Rv). A further written round (reply and rejoinder) follows only if no hearing is ordered or if it is needed (Article 132 Rv). The court ends the case with a judgment (vonnis).

How long do Dutch civil proceedings take?

The law sets no fixed overall duration. The court must prevent unreasonable delay, and the parties must avoid it too (Article 20 Rv). The court sets the time limits for written submissions (Article 133(1) Rv). Under the national procedural rules for civil summons cases at the district courts (Landelijk procesreglement, version of 1 July 2026), article 2.23, the standard time limit for a statement is four weeks at the cantonal court and six weeks in commercial cases. How long the case takes in total depends mainly on the court’s schedule for the hearing and on whether witnesses or experts are heard.

An appeal to the court of appeal (gerechtshof) must be lodged within three months of the judgment, or four weeks in summary proceedings (Article 339 Rv). There is no appeal if the claim was not more than €1,750, unless the law provides otherwise (Article 332 Rv). An appeal suspends enforcement of the judgment, unless the court declared it provisionally enforceable (Article 350(1) Rv). An appeal in cassation to the Supreme Court (Hoge Raad) must in principle be lodged within three months (Article 402 Rv) and is filed by a lawyer admitted at the Supreme Court (Article 407(1) Rv).

Who controls the course of the proceedings?

A question that is often asked to the specialized lawyers of MAAK Advocaten is to what extent the parties in Dutch civil proceedings can control or influence the course of proceedings or their time schedule.

Parties can influence the timetable mainly by agreeing on it. The court follows a joint request for postponement, unless it would cause unreasonable delay (Article 133(2) Rv). Under the national procedural rules (article 2.24), a first joint request is granted; a second or further joint request must be reasoned. A single party can obtain a postponement only for a compelling reason (klemmende reden), and at the cantonal court the judge can extend the first time limit for a statement once by four weeks at a party’s request. If a time limit passes without postponement, the right to take that step lapses (Article 133(4) Rv). In complex cases, it is often sensible to agree a different timetable with the other side and the court.

How does Dutch evidence law work?

Below, our specialized Dutch lawyers explain the questions of how Dutch evidence law is structured, whether there is a duty to preserve documents and other evidence until the trial, and whether the parties are obligated to exchange relevant documents or to make such documents available to the opposing party.

Parties must state the facts relevant to the decision fully and truthfully; if they do not, the court can draw the conclusions it sees fit (Article 21 Rv). This is not the same as disclosure in common law jurisdictions. The party that relies on the legal consequences of facts it asserts bears the burden of proving them, unless a special rule or reasonableness and fairness requires a different allocation (Article 150 Rv). Facts that the other party does not or not sufficiently dispute are, in principle, taken as established (Article 149(1) Rv).

The court may, at any stage, order a party to explain certain statements or to produce documents relevant to the case (Article 22(1) Rv). A party can refuse, or ask that only the judge sees the material, if there are serious reasons (gewichtige redenen). The court decides whether the refusal is justified; if it is not and the party still refuses, the case goes to another chamber, which can draw the conclusions it sees fit (Article 22(2)-(4) Rv).

Dutch procedural law has no general duty to preserve evidence for trial, although Dutch legal entities must keep their books and records for seven years (Article 2:10(3) Dutch Civil Code). General disclosure cannot be demanded. However, a party to a legal relationship can claim access to, a copy of or an extract from specific data about that relationship from whoever holds it, if it has a sufficient interest (Article 194(1) Rv; this replaced the former Article 843a Rv on 1 January 2025). The holder can refuse if it has a right of non-disclosure or if serious reasons oppose it (Article 194(2)). During proceedings, the court can order the other party to give access (Article 195 Rv).

To protect evidence, documents or data can also be seized beforehand (bewijsbeslag). This requires leave from the preliminary relief judge, who checks summarily whether the conditions of Article 194(1) Rv are met (Article 205(1) Rv). If no proceedings are pending yet, the main action must be brought within the period set by the judge; otherwise the seizure lapses (Article 205(4)).

In the Netherlands, the term “contempt of court” does not exist, but the court may draw the conclusions it sees fit (Articles 21 and 22(4) Rv) against the party who fails to comply with the obligation to provide relevant facts fully and truthfully, or in the event of destruction of evidence or withholding of evidence.

Under the national procedural rules (article 2.16), exhibits in English, German or French do not, in principle, need to be translated. The court can still ask for a translation, and exhibits in other foreign languages in principle need one.

Are communications with your lawyer protected in Dutch proceedings?

In Dutch court proceedings involving a foreign party, the question is often raised whether certain documents are protected against access by the opposing party, or whether an obligation to disclose them can be imposed.

Under Dutch law, due to the relationship of trust and attorney-client privilege, a litigation lawyer in the Netherlands cannot be compelled to disclose information or documents received from his client. This also applies to an advocaat employed by a company, because every advocaat is bound to confidentiality (Article 11a Advocatenwet). The protection of documents in Dutch civil procedure is therefore not linked to specific documents, but to the capacity of the person: whether he or she is bound to professional secrecy, as an advocaat is. An in-house legal adviser who is not an advocaat has no such statutory duty and therefore cannot, as a rule, rely on it. The party itself may invoke the confidentiality of the advice as one of the compelling reasons preventing disclosure after an order by the court. Note that correspondence between Dutch lawyers which was not a part of settlement negotiations or which falls within the scope of a confidentiality agreement can be introduced as evidence in legal proceedings in the Netherlands.

The statutory basis is the right of persons bound to secrecy by their office or profession to refuse to disclose what was entrusted to them in that capacity (Article 165(2)(b) Rv). The same right allows a refusal of a request for access to documents (Article 194(2)(a) Rv).

Which role does the judge play?

To ensure the independence of the judiciary, Dutch judges are appointed for life by Royal Decree (Article 117 Dutch Constitution). The court decides the case on the basis of what the parties have put forward (Article 24 Rv), but supplements the legal grounds of its own motion (Article 25 Rv). The parties thus define the dispute and the facts. Over time, the judge has received more tools to steer the case: it can discuss the basis of a claim with the parties within the limits of the dispute (Article 24(2)), order them to produce documents (Article 22) and, at the oral hearing, ask for information and try to reach a settlement (Article 87(2) Rv).

Frequently asked questions about civil court proceedings in the Netherlands

Is there a small claims court in the Netherlands?

There is no separate small claims court. Claims of up to €25,000 (including interest accrued up to the date of the summons) are heard by the cantonal judge (kantonrechter), a section of the district court (Article 93 Rv). There you can act without a lawyer (Article 79(1) Rv). A claimant company pays a court fee of between €139 and €1,504, depending on the amount; the defendant pays none (Wgbz, Section 4(1)(b) and annex).

What happens at a court hearing in a Dutch civil case?

At the oral hearing (mondelinge behandeling), the parties explain their positions. The judge can ask questions, let the parties substantiate their statements, try to reach a settlement and discuss the next steps (Article 87(2) Rv). Documents must in principle be filed at the latest ten days before the hearing (Article 87(6) Rv).

What should I do when I receive a Dutch court summons?

Appear on the court date stated in the summons, through a lawyer unless the case is before the cantonal judge or you are the defendant in summary proceedings (Article 255(1) Rv), and pay the court fee within four weeks of appearing (Section 3(3) Wgbz; a defendant before the cantonal judge pays none). If you do not appear, or do not pay the court fee in time although the summons warned you, the court gives a default judgment and grants the claim, unless it considers the claim unlawful or unfounded (Article 139 Rv).

Can you appeal a civil judgment in the Netherlands?

Yes, unless the claim was not more than €1,750 (Article 332 Rv). The appeal must be lodged within three months of the judgment, or four weeks in summary proceedings (Article 339 Rv). It is brought by a new writ of summons to the court of appeal (Article 343 Rv).

Can I submit documents in English to a Dutch court?

In principle yes: under the national procedural rules, exhibits in English, German or French do not need a translation, but the court can ask for one (article 2.16). Exhibits in other foreign languages in principle need a translation.