Witness Hearings in the Netherlands

Published on 30 July 2022 · Last updated 26 October 2026

In a Dutch civil case, the court hears witnesses at the oral hearing or at a separate witness hearing (getuigenverhoor) if a party offers to prove disputed facts that may decide the case (Article 166 Dutch Code of Civil Procedure, DCCP). Anyone duly summoned must testify (Article 165). Before proceedings start, you can request a provisional witness hearing (voorlopig getuigenverhoor) (Article 196).

This page explains, for businesses and their advisers, how witness hearings work in Dutch civil and commercial cases under the law of evidence as revised on 1 January 2025 (Bulletin of Acts and Decrees 2024, 72). For cases already pending on that date, the old rules continue to apply (Article XIIA of the Simplification and Modernisation of the Law of Evidence Act). It covers who must testify, how the hearing proceeds, the oath, the right to refuse and the consequences of not appearing or lying. Criminal proceedings are not covered. Our team also advises on Arbitration in the Netherlands.

Which rules govern hearing a witness?

A witness hearing takes place if witness evidence is allowed by law and a party has offered to prove facts that are disputed and that may decide the case. The court can order it at a party’s request or of its own motion, and can also summon persons it designates itself; the registry can then send the summons (Article 166(1) and (2) DCCP).

Witnesses are heard at the oral hearing, with the court’s prior permission, or at a separate session (Article 166(3) and Article 87(3) DCCP). The decision states, as far as possible, which party must prove which facts. If the hearing takes place at a separate session, the decision also states the place, day and time, which the court can also set later (Article 166(4)).

The party that calls witnesses gives their names and places of residence to the other party and the registry at least ten days before the hearing, and summons them at least ten days in advance by bailiff’s writ or by registered letter (Article 170(1) DCCP). The other party is free to call witnesses to provide counter-evidence (Article 168). Hearings are public, but the court can order a hearing behind closed doors, for example where the privacy of the parties requires it (Article 27(1)).

Key Takeaways

The rules on witnesses are in Articles 163 to 185 DCCP; the preliminary evidentiary measures, including the provisional witness hearing, are in Articles 196 to 204 DCCP (Article 201 for witnesses).
Anyone duly summoned must testify. Spouses, partners and close relatives of a party, and persons bound to professional secrecy, can in principle refuse (Article 165 DCCP).
A witness summoned by writ who does not appear can be brought before the court by the police; a witness who refuses to testify can be detained for up to one year (Articles 172 and 173 DCCP).
Witnesses testify under oath or affirmation. Intentionally lying under oath is a criminal offence (Article 177 DCCP; Article 207 Dutch Criminal Code).
Since 1 January 2025, a provisional witness hearing can only be requested before the case is pending or, after service of the summons, before it is entered on the cause list (Article 196(1) DCCP).

What is the legal basis for a witness hearing?

Witness hearings in civil cases are governed by the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering, DCCP), in the section on evidence (Book 1, Title 2, Section 9, Articles 149 to 207). The specific rules on witnesses are in Articles 163 to 185 DCCP.

The general rules of evidence also apply. The party that relies on the legal consequences of facts it asserts in principle bears the burden of proving them (Article 150 DCCP). Evidence can be provided by any means, and the court is free to assess it, unless the law provides otherwise (Article 152).

A witness statement only counts as evidence as far as it concerns facts the witness knows from his or her own perception (Article 163 DCCP). The parties themselves can also be heard as witnesses (Article 164(1)).

Experts appointed by the court are governed by separate rules (Articles 186 and following DCCP). Party experts can be heard at the oral hearing with the court’s prior permission (Article 87(3) DCCP).

Which types of witness examination exist?

There are two situations. During proceedings, the court orders a witness hearing in the main case (Article 166 DCCP). Before proceedings, a party can ask for a provisional witness hearing (voorlopig getuigenverhoor), for example to find out whether a claim has a chance of success. Since 1 January 2025, this is one of the preliminary evidentiary measures (voorlopige bewijsverrichtingen) in Article 196 DCCP.

A provisional witness hearing can be requested before the case is pending or, if the summons has already been served, before the case is entered on the cause list (rol) (Article 196(1) DCCP). The court grants the request unless the information sought is not sufficiently specified, there is insufficient interest, the request is contrary to due process (goede procesorde), there is abuse of power, or other weighty reasons oppose it (Article 196(2)).

The application goes to the court that will probably have jurisdiction over the main case (Article 197(1) DCCP). It must contain a brief description of the dispute or event and the grounds of the request, on pain of inadmissibility, as well as the nature and amount of the claim, the other party, and the names and places of residence of the witnesses (Article 197(2) and (3)). The court decides after a hearing to which both sides are summoned, unless an exception applies (Article 198(1)). No appeal lies against the decision, unless the court decides otherwise (Article 200(2)).

The rules on ordinary witness hearings apply to the provisional hearing. If the other party appears, it can ask for a provisional hearing of witnesses for counter-evidence. If a witness shows that the applicant wants information for a claim against that witness, the court hears the witness under the rules for hearing a party as a witness (Article 201(1), (3) and (4) DCCP).

Can a witness be compelled to appear?

Yes, within limits. A witness is summoned by bailiff’s writ or registered letter; the summons states the day, time and place of the hearing, the facts to be proved and the consequences of not appearing (Article 170 DCCP).

If a witness summoned by registered letter does not appear, the court sets a date for which the witness can be summoned by writ (Article 171 DCCP). If a witness summoned by writ does not appear, the court can order the police (openbare macht) to bring the witness before it (Article 172).

If a witness refuses to testify, the court can, at the request and expense of the interested party, order the witness to be detained (gijzeling) until he or she complies, for a maximum of one year, but only if the interest of establishing the truth justifies it. This does not apply to a party heard as a witness (Article 173).

A witness who does not appear, or who refuses to take the oath or to testify, can also be ordered to pay the costs incurred in vain, and may be liable for damages if there are grounds for this (Article 178 DCCP).

If a witness lives too far away, the court can have the witness heard by a court of the same rank in the place where the witness lives (Article 174 DCCP). If a witness lives abroad, the court can, unless a treaty or EU regulation provides otherwise, ask an authority of that country, or the Dutch consular officer, to hear the witness, under oath if possible (Article 176(1)). Whether a witness abroad can be compelled to testify depends on the rules of the country concerned.

A witness can ask for compensation (schadeloosstelling). The court sets the amount, and the party that called the witness pays it (Article 182 DCCP).

How does the oath work?

At the start, the court asks each witness for his or her name, first names, age, profession and place of residence, whether he or she is related by blood or marriage to a party, and whether he or she is employed by a party (Article 177(1) DCCP). The witness then swears to tell the whole truth and nothing but the truth (Article 177(2)).

Instead of the oath, a witness can choose to make a solemn affirmation (belofte) (Article 1 Oaths Act 1971 (Eedswet 1971)).

A witness who cannot sufficiently understand the meaning of the oath, or who is under sixteen, is not sworn, but is urged to tell the whole truth (Article 177(3) DCCP). In other cases, the court may only rely on an unsworn statement if the judgment states that the oath was wrongly not taken and that the witness cannot be heard again (Article 177(4)).

How does the examination proceed?

The court hears each witness separately, outside the presence of witnesses who have not yet been heard, unless they are also parties. The parties and their lawyers can put questions to the witnesses, but the court can prevent a particular question from being answered. The court can also confront witnesses with each other or with the parties (Article 179(1) and (2) DCCP).

Of a hearing at a separate session, an official record (proces-verbaal) is drawn up. It is read out to each witness for his or her part; the witness may make changes and additions and then signs the statement (Article 180(1) to (3) DCCP). The court can replace the written record with an audio or video recording (Article 180(6)). In cases that are not open to appeal, a record is in principle not required; the judgment then summarises the statements (Article 181).

If not all witnesses can be heard on one day, the court adjourns the hearing to a later date without a new summons (Article 183 DCCP). After the hearing, the court sets the date on which the case returns to the cause list (Article 185).

Prepare in time. The summons and the statement of defence must already mention the witnesses a party can call; if they do not, the court can draw the conclusions it sees fit (Articles 111(3), 120(4) and 128(5) DCCP).

When may a witness refuse to answer?

The following persons can refuse to testify (verschoningsrecht) (Article 165(2) DCCP):

the spouse, registered partner or life companion of a party, including a former spouse, partner or life companion, unless the party acts in a particular capacity (in hoedanigheid);
relatives by blood or marriage of a party, or of the party’s spouse, registered partner or life companion, up to and including the second degree, unless the party acts in a particular capacity (in hoedanigheid), for example as a bankruptcy trustee;
persons bound to secrecy by virtue of their office, profession or position, about what was entrusted to them in that capacity.

A witness can also refuse to answer a particular question if the answer would expose the witness, or a relative by blood or marriage in the direct line or in the second or third degree of the collateral line, or a (former) spouse, registered partner or life companion, to the risk of a criminal conviction for a serious offence (misdrijf) (Article 165(3) DCCP).

An employee of one of the parties has no right to refuse on that ground alone: anyone duly summoned must testify (Article 165(1)). The court asks whether the witness is employed by a party (Article 177(1)) and assesses the statement freely (Article 152(2)).

A witness who refuses without a valid ground risks detention (Article 173 DCCP). If a party that must testify as a witness does not appear, does not answer or refuses to sign its statement, the court can draw the conclusions it sees fit (Article 164(2)).

What happens if a witness lies?

Intentionally making a false statement under oath, in a case where a statutory provision requires a statement under oath or attaches legal consequences to it, is a criminal offence. The maximum penalty is six years’ imprisonment or a fine of the fifth category (Article 207(1) Dutch Criminal Code). An affirmation that replaces the oath by law is equated with the oath (Article 207(3)).

In the civil case itself, the court assesses witness statements freely (Article 152(2) DCCP). A statement that is contradicted by documents or by other witnesses will usually carry less weight.

That is why it pays to test a witness’s account against the documents before the hearing.

Conclusion

Witness evidence matters in Dutch civil cases wherever facts are disputed. Offer it specifically, mention your witnesses in the summons or the statement of defence, and summon them at least ten days in advance (Articles 111(3), 128(5) and 170 DCCP). A provisional witness hearing is only possible before the case is pending or on the cause list (Article 196(1)).

Extra care is needed with witnesses abroad, with employees of the other party and with witnesses who may have a right to refuse; the sections above explain the rules.

Frequently asked questions about witness hearings in the Netherlands

What is a provisional witness hearing in the Netherlands?

A provisional witness hearing (voorlopig getuigenverhoor) is a hearing of witnesses before proceedings start, for example to assess whether a claim is worth pursuing. Since 1 January 2025, it is a preliminary evidentiary measure under Article 196 DCCP. It can be requested before the case is pending or on the cause list, and the court grants it unless one of the grounds for refusal in Article 196(2) applies.

Is a witness obliged to testify in a Dutch civil case?

Yes. Anyone duly summoned must testify (Article 165(1) DCCP). Spouses, partners and life companions of a party, close relatives up to the second degree (both unless the party acts in a particular capacity) and persons bound to professional secrecy can refuse (Article 165(2)), and any witness can refuse a question that would expose certain persons to the risk of a criminal conviction (Article 165(3)).

What happens if a witness does not appear or refuses to testify?

A witness summoned by writ who does not appear can be brought before the court by the police (Article 172 DCCP). A witness who refuses to testify can, at the request of the interested party, be detained until he or she complies, for up to one year (Article 173). The witness can also be ordered to pay the costs incurred in vain (Article 178).

Can you call an employee of a company as a witness?

Yes. Employment by a party is not a ground to refuse; anyone duly summoned must testify (Article 165(1) DCCP). The court asks the witness whether he or she is employed by a party (Article 177(1)) and assesses the statement freely (Article 152(2)). The witness can ask for compensation, which the party that called him or her pays (Article 182).

What happens if a witness lies under oath in the Netherlands?

Intentionally making a false statement under oath is a criminal offence, punishable by up to six years’ imprisonment or a fifth-category fine (Article 207(1) Dutch Criminal Code). An affirmation that replaces the oath is equated with the oath (Article 207(3)).