Kort Geding Procedural Rules in Dutch District Courts

Published on 2 January 2024 · Last updated 28 October 2026

Summary proceedings (kort geding) at all Dutch district courts follow one set of national procedural rules: the Landelijk procesreglement kort gedingen rechtbanken. Since 1 January 2024 (first version) these rules cover commercial, family and subdistrict cases together; the current third version applies from 1 July 2025 (National Procedural Rules, preamble and Article 15).

This page is for foreign companies and in-house counsel who want to start urgent proceedings in the Netherlands, or who have been summoned to appear. You will read how the application works, which deadlines apply to documents and counterclaims, whether a hearing can be moved and when the judgment follows. The rules are court rules: they supplement the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering, Rv) and a judge can deviate from them. For the basics of the procedure itself, see what a kort geding is.

What are the Dutch procedural rules for summary proceedings?

They are national court rules for all summary proceedings in family, commercial and subdistrict cases before the district courts. They do not cover the bailiff’s summary proceedings of Article 438(5) Rv or petition proceedings (Article 1.1 National Procedural Rules).

The statutory basis of summary proceedings is in the Code of Civil Procedure: the provisional relief judge may give an immediate provisional measure in urgent cases (Article 254(1) Rv), and that decision does not prejudice the main proceedings (Article 257 Rv). The procedural rules then fill in the practical side: forms, document deadlines, scheduling and the judgment. If a party does not comply, the judge can, for example, disregard late documents.

The rules were merged on 1 January 2024. Before that date, commercial and family cases and subdistrict cases each had their own national rules. A second version followed on 1 July 2024, and the third version of 1 July 2025 clarified several provisions and added a rule on the length of written submissions (preamble). Always check the version on rechtspraak.nl before filing.

How do you apply for a kort geding hearing?

You file a completed application form with a draft writ of summons attached. In commercial and family cases, a lawyer files the application on the “Aanvraag kort geding” form; in subdistrict cases the form “Aanvraag kort geding bij de kantonrechter” is used (Article 2.1 National Procedural Rules).

The application states the names and addresses of the parties, the lawyers involved and the dates on which the lawyers cannot attend, covering six weeks after the application. It also states any request for a longer hearing or for a shorter summons period under Article 117 Rv (Article 2.2). If the case is so urgent that deviating from the normal rules is justified, the application must explain why.

In very urgent cases outside office hours, the application can be made orally to the judge; several courts, including Amsterdam and The Hague, have an on-call arrangement. The form and the draft summons are then sent afterwards (Article 2.1 and Annex I).

What happens after the court sets a hearing date?

The judge sets a date and time as soon as possible and takes the unavailable dates into account where possible, but can ignore them in urgent cases (Article 4.1). The claimant must inform the defendant of the date within two days of receiving it and send the draft summons (Article 4.2).

If the hearing is so close that the statutory summons period cannot be met, the date set by the judge also counts as permission to shorten that period, and the judge fixes the latest moment for serving the writ (Article 4.3; Article 117 Rv). A bailiff then serves the writ on the defendant (Article 5.2).

What deadlines apply to documents in a kort geding?

The claimant files a copy of the served writ with its exhibits as soon as possible, and at the latest three working days before the hearing (Article 5.3). Other documents must be filed as soon as possible; documents filed within 24 hours (one working day) before the hearing are in principle disregarded (Article 3.16).

What	Deadline under the National Procedural Rules
Notify defendant of the hearing date	within two days of receiving the date (Art. 4.2)
Served writ of summons with exhibits	at the latest three working days before the hearing (Art. 5.3)
Other documents, such as the defence and its exhibits	as soon as possible; in principle not within 24 hours before the hearing (Art. 3.16)
Counterclaim or procedural motion	sent at the latest 24 hours before the hearing (Art. 6.2)
Request to move the hearing	at the latest 24 hours before the hearing, only once (Art. 9.1)
Written judgment	in principle two weeks after the hearing (Art. 12.2)

Since the third version, a written submission must also be proportionate to the nature, complexity and importance of the case. A document of more than 10 pages starts with a summary and uses headings; above 25 pages, the party must explain why that length is needed. The judge can order a shorter replacement (Article 3.12).

Summoned to appear in a Dutch kort geding? The time between the summons and the hearing can be a matter of days. Contact our summary proceedings team as soon as the writ arrives.

Can documents be filed in English?

Exhibits in English, German or French in principle need no translation, although the judge can ask for one. Exhibits in other languages in principle do need a translation, and the judge can require a sworn translation (Article 3.15). The writ, the written defence and the hearing are normally in Dutch.

A party who does not speak Dutch well enough must bring an interpreter at its own cost (Article 10.4). In commercial cases, a defendant company that appears without a lawyer is represented by its director or by an employee authorised in the articles or by a power of attorney; bring a Trade Register extract not older than one month and, for an employee, the articles or the power of attorney (Article 10.3).

How do you file a counterclaim in summary proceedings?

In commercial and family cases, only a party represented by a lawyer can bring a counterclaim. It must be sent to the other parties and the judge at the latest 24 hours before the hearing, and only counts as brought once it is handed over at the hearing (Articles 6.1 to 6.3).

The judge decides at the hearing whether the counterclaim is admissible (Article 6.5). A counterclaim must also be urgent in itself and suitable for summary proceedings. In the dispute between Lotus Bakeries and Holie Foods, for example, the Amsterdam judge rejected a counterclaim about sustainability claims because the urgent interest was lacking and the claim was not suited to summary proceedings (Rb. Amsterdam 15 August 2025, ECLI:NL:RBAMS:2025:5929). Counterclaims in ordinary proceedings follow different rules: see filing a counterclaim under Dutch law.

Can a kort geding hearing be postponed?

Only once, and only on three grounds: a joint request of all parties, compelling reasons of one party, or a request by the defendant whose unavailable dates the claimant did not state. The request must be made in writing at the latest 24 hours before the hearing (Articles 9.1 and 9.2).

Moving the hearing (verplaatsing) differs from adjourning it after the case has been called (aanhouding). At the hearing itself, the judge can adjourn the case to a fixed date, at the request of a party or of its own motion (Article 10.10). If the defendant does not appear at all, the judge grants judgment in default if all formalities have been met (Article 11.1; Article 139 Rv).

When does the court give its judgment?

The judge announces the date of the written judgment at the hearing. In principle it follows two weeks after the hearing, unless a shorter or longer period is needed (Article 12.2). In particularly urgent cases, the judge can give a short oral or written decision, followed by the full version within two weeks (Article 12.4).

The judgment is provisional and does not bind the court in main proceedings (Article 257 Rv). An appeal against a kort geding judgment is possible: see appealing a Dutch summary proceedings judgment.

What does this mean for a foreign company in practice?

Plan backwards from the hearing. Before applying, collect the exhibits you need, list the dates on which your lawyer and witnesses cannot attend, and decide whether you need more than the usual hearing time.

Suppose an Italian supplier learns that its former Dutch distributor still sells products under the supplier’s trade name after termination. Its Dutch lawyer files the application on a Monday with a draft writ and asks for an early date. The court sets a hearing ten days later. The writ is served the next day and filed with all exhibits well before the three-working-day deadline. The distributor’s lawyer sends a counterclaim for unpaid commission the evening before the hearing, which is less than 24 hours in advance; the supplier asks the judge to refuse it. The example is illustrative: it shows that the rules on timing often matter as much as the substance.

When should you involve a Dutch lawyer for summary proceedings?

Immediately. In commercial cases, the claimant needs a lawyer to file the application and to appear, and the defendant can only bring a counterclaim through a lawyer (Articles 2.1 and 6.1).

MAAK Advocaten in Amsterdam starts and defends summary proceedings for foreign and Dutch businesses before all Dutch district courts and on appeal. We prepare the application, the writ and the exhibits within the deadlines of the procedural rules, and we represent you at the hearing. Read more about our summary proceedings practice or about interlocutory proceedings in the Netherlands.

Frequently asked questions about the Dutch kort geding procedural rules

Which rules apply to a kort geding in the Netherlands?

The Code of Civil Procedure (Articles 254 to 259 Rv) and the National Procedural Rules for summary proceedings at the district courts. The current third version of those rules applies from 1 July 2025 and covers commercial, family and subdistrict cases.

How late can I file documents in a Dutch kort geding?

The served writ and its exhibits must be filed at the latest three working days before the hearing. Other documents must be filed as soon as possible; documents filed within 24 hours before the hearing are in principle disregarded (Articles 3.16 and 5.3).

Can I postpone a kort geding hearing?

Only once, at the latest 24 hours before the hearing, and only on a joint request, for compelling reasons, or if the claimant did not state the defendant’s unavailable dates (Articles 9.1 and 9.2 of the National Procedural Rules).

Do I need to translate English documents?

In principle no. Exhibits in English, German or French do not need a translation, but the judge can ask for one. Exhibits in other languages in principle must be translated (Article 3.15).

How quickly does the judge decide in a kort geding?

The written judgment follows in principle two weeks after the hearing. In particularly urgent cases the judge can give a short decision at once, followed by the full judgment within two weeks (Articles 12.2 and 12.4).