Examination of witnesses in the Netherlands

Published on 29 January 2021 · Last updated 27 October 2026

Dutch civil procedure has no depositions and no pre-trial discovery. Witnesses are examined by a judge, under oath. A foreign business that wants to secure witness evidence before it sues, or before it decides whether to sue, can ask a Dutch court for a preliminary witness examination (voorlopig getuigenverhoor) under Article 196 of the Dutch Code of Civil Procedure (Rv).

This page explains how a preliminary witness examination works, when a court grants it and what you need to prepare as a foreign party. How witnesses are heard once a case is pending is covered on our page on witness hearings in the Netherlands. For the wider framework, see evidence in Dutch civil law and our overview of litigation in the Netherlands.

Are there depositions in Dutch civil proceedings?

No. Dutch law has no deposition in which lawyers question a witness out of court. A witness is heard by the judge, on a date the court sets, and the statement is recorded in an official record that the witness signs (Article 180 Rv).

Before testifying, a witness takes an oath to tell the whole truth and nothing but the truth (Article 177(2) Rv). The judge leads the examination. The parties and their lawyers may also put questions to the witness, but the judge can stop a question (Article 179(2) Rv). Cross-examination in the common-law sense, led by the lawyers, does not exist.

Written statements are also allowed. Evidence can be provided by any means, unless the law provides otherwise, and the court weighs the evidence freely (Article 152 Rv). A signed statement drafted with a lawyer can carry less weight than a statement made before the judge under oath. That is one reason to ask for an examination by the court.

What is a preliminary witness examination?

A preliminary witness examination is a hearing of witnesses by the court before the main case has started. It is one of the preliminary evidence measures (voorlopige bewijsverrichtingen) that a court can order at the request of an interested party (Article 196(1) Rv).

The request can be made before any proceedings are pending. It can also be made after a writ of summons has been issued, as long as the case has not yet been entered on the court’s cause list. Once the case is on the cause list, witnesses are heard within the main proceedings (Article 166 Rv).

Since the reform of Dutch evidence law of 1 January 2025, the same set of rules covers four preliminary measures: hearing witnesses, an expert report, a site inspection and access to documents (Article 197(3) Rv). The former rule on access to documents, Article 843a Rv, was repealed on that date. You can combine measures in one request, for example a witness examination and an expert investigation.

Why would a foreign business request a preliminary witness examination?

Because it shows, before you invest in a full lawsuit, what witnesses will actually say. You can use it to test the strength of a claim, to find out who is responsible, or to secure testimony before memories fade or a key employee leaves.

Assess your prospects. A statement under oath from the other side’s project manager can confirm or undermine your version of the facts.
Identify the right defendant. In a chain of suppliers and subcontractors, witnesses can clarify which company caused the damage.
Preserve evidence. A witness who is ill, retiring or moving abroad can be heard now.
Prepare a settlement. The court can try to reach a settlement at the hearing on the request, or after the examination (Article 199 Rv).

An arbitration clause does not stand in the way. A party to an arbitration agreement may still ask the ordinary court for preliminary evidence measures (Article 1022b Rv). If the arbitration takes place outside the Netherlands, a party may ask a Dutch court for measures in the Netherlands (Article 1074b Rv).

When does a Dutch court refuse a preliminary witness examination?

A Dutch court must grant a request for a preliminary witness examination unless one of five statutory grounds for refusal applies, such as insufficiently specified information or abuse of power (Article 196(2) Rv).

The court refuses if, in its opinion:

the information sought is not sufficiently specified;
there is insufficient interest in the preliminary measure;
the request is contrary to due process (goede procesorde);
there is abuse of power; or
other weighty reasons oppose the measure.

A request that only fishes for information without a concrete dispute is at risk under the first and fourth ground. Describe the dispute and the questions for the witnesses as precisely as you can.

How do you request a preliminary witness examination in the Netherlands?

You file a petition with the court that would probably have jurisdiction over the main case, or with a court of the same type in whose district the witnesses, or most of them, live (Article 197(1) Rv). If the main case would be a subdistrict court case, for example a claim of no more than EUR 25,000 including interest accrued up to the date of the summons (Article 93 Rv, as at October 2026), the request goes to the subdistrict court.

Draft the petition. It must contain a concise description of the dispute or event and the grounds for the request (if this is missing, the request is inadmissible), the nature and amount of the claim, and the name and residence of the other party or the reasons why it is unknown. For a witness examination, add the names and places of residence of the witnesses (Article 197(2) and (3) Rv).
Have it signed by a Dutch lawyer. A petition must be signed by a lawyer admitted in the Netherlands, unless it is filed with the subdistrict court (Article 278(3) Rv).
Hearing on the request. The court decides only after a hearing to which both the applicant and the other party are summoned. The hearing can be skipped if the other party is unknown, in case of immediate urgency, or if the other party has stated in writing that it does not object (Article 198(1) Rv).
Notify the other party. If the court grants the request, it sets a date by which you must send the petition and the decision to the other party, by registered letter or by bailiff’s writ (Article 198(2) Rv).
The examination. The court sets the place, day and time. The rules on witness examinations in the main proceedings apply accordingly (Article 201(1) Rv).
Counter-evidence. If the other party appears, the court sets, at its request, a date for its own witnesses (Article 201(3) Rv).

There is in principle no appeal against the decision on a request for a preliminary witness examination, unless the court decides otherwise. In that case the time limit is four weeks (Article 200(2) Rv).

Does a witness have to appear and answer?

Yes. Anyone who is lawfully summoned must testify (Article 165(1) Rv). Certain close relatives of a party may refuse, and so may persons bound to professional secrecy, such as lawyers and doctors, as regards what was entrusted to them in that capacity. A witness may also refuse to answer a question that would expose him or a close relative to the risk of a conviction for a criminal offence (Article 165(2) and (3) Rv).

A witness who does not appear after a summons by bailiff can be brought before the court by the police (Article 172 Rv). A witness who refuses to testify can, at the request of a party, be detained for at most one year, but only if the interest of establishing the truth justifies this (Article 173 Rv). Witnesses can also be ordered to pay the costs of a wasted hearing (Article 178 Rv).

If a witness shows that the applicant wants information for a claim against that witness, the court hears him under the rules for a party who is heard as a witness (Article 201(4) Rv).

Can a witness who lives abroad be heard?

Yes, but not always in the Netherlands. Unless a treaty or EU regulation provides otherwise, the Dutch court can ask an authority in the witness’s country to hear the witness, or assign the examination to a Dutch consular officer. The record of that examination has the same force as one made by the Dutch court (Article 176 Rv).

A foreign witness can also travel to the Netherlands to be heard by the Dutch court itself. Discuss this with your Dutch lawyer before you file the request, because it affects the planning and the costs.

What should you do if the other side requests a preliminary witness examination?

Take it seriously, but do not panic. A request is not a lawsuit. It does mean that the other side is preparing one, and that your employees may have to testify under oath.

Attend the hearing on the request and check whether one of the refusal grounds of Article 196(2) Rv applies.
Consider requesting preliminary measures of your own; the court can deal with both requests together (Article 196(1) Rv).
Prepare your employees for the hearing. They must tell the truth, but they should understand the procedure and the documents.
Ask for a counter-examination with your own witnesses (Article 201(3) Rv).

Practical example: a supplier abroad and a Dutch buyer

Suppose a Belgian manufacturer of packaging machines sells a production line to a Dutch food company. After installation, the Dutch company refuses to pay the last instalment and claims that the line never reached the agreed output. According to the manufacturer, the buyer’s own operators changed the settings.

Before suing for the price, the manufacturer requests a preliminary witness examination of the buyer’s former production manager and of the installation engineer. The statements under oath show who changed the settings and when. With that record, the manufacturer can decide whether a claim is worth pursuing, and the parties have a factual basis for a settlement.

When should you involve a Dutch lawyer?

Involve a Dutch lawyer as soon as you consider legal action and important witnesses may become unavailable, or when you receive a request for a preliminary witness examination. The petition must be signed by a lawyer, except before the subdistrict court, and its content determines whether the court grants it.

MAAK Advocaten in Amsterdam assists foreign and Dutch businesses with evidence before and during proceedings, and litigates before the Dutch courts in first instance and on appeal. We draft the petition, prepare the questions and the witnesses, and attend the examination. Read more about our work as a litigation attorney in the Netherlands.

Frequently asked questions about the examination of witnesses in the Netherlands

Are depositions allowed in the Netherlands?

No. Dutch civil procedure has no out-of-court depositions. Witnesses are heard by a judge, under oath, and their statements are recorded in an official record. Before a case starts, a party can ask the court for a preliminary witness examination under Article 196 of the Dutch Code of Civil Procedure.

Can I request a preliminary witness examination before I sue?

Yes. Any interested party can ask the court for one before proceedings are pending. The court grants the request unless the information sought is not sufficiently specified, there is insufficient interest, the request conflicts with due process, there is abuse of power or other weighty reasons oppose it.

Does a witness have to testify in a Dutch court?

Yes, anyone lawfully summoned must testify. Close relatives of a party and persons bound to professional secrecy may refuse, and a witness may refuse to answer questions that expose him or a close relative to a criminal conviction (Article 165 Dutch Code of Civil Procedure).

Can the decision on a preliminary witness examination be appealed?

In principle not. Under Article 200(2) of the Dutch Code of Civil Procedure there is no appeal against the decision on a request for preliminary evidence measures other than access to documents, unless the court decides otherwise. The time limit is then four weeks.

Does an arbitration clause prevent a preliminary witness examination?

No. A party to an arbitration agreement may still ask the ordinary Dutch court for preliminary evidence measures (Article 1022b Dutch Code of Civil Procedure). If the arbitration takes place abroad, a Dutch court can still order measures in the Netherlands (Article 1074b).