Now that the corona measures are being extended, the question is, of course, what the consequences will be for current, new and summary procedures.
The following has been published on the Rechtspraak.nl website.
Cause-list sessions continue to take place, but no longer in public. Since those sessions will only take place in written form, only written documents can be submitted. Oral hearings are postponed until further notice, unless the judge is of the opinion that an oral hearing should nevertheless take place (in case of urgent or “super-fast” issues).
The same applies to new procedures. The case will be processed like normal until an oral hearing is to be scheduled. From then on, the procedure will be postponed until further notice.
For interlocutory proceedings, a separate regulation applies, which can be found in the “Temporary deviating regulation for summary proceedings in the courts”.
On the basis of this regulation, the preliminary relief judge determines after receipt of the application whether the case is urgent. If it is an urgent matter in his opinion, he will determine whether an oral hearing will take place or via image connection. The preliminary relief judge can also ask the parties whether they agree to a written procedure. Such a procedure is as follows: the defendant may respond in writing to the summons. The judge will then ask questions, after which there will be an opportunity for both parties to respond (reply and rejoinder), possibly followed by a “live” e-mail moment for final questions and comments. The preliminary relief judge determines the terms for this written procedure.
In non-urgent cases, the preliminary relief judge may set a pro-forma date for the oral hearing.
For the Temporary arrangements in other procedures, we refer to:
If you have any questions about this subject, please contact Daniël de Vries. Do you have any other Corona crisis-related questions? Please do not hesitate to contact the Coronacrisis advisory team of Valegis Advocatenor your regular contact person at Valegis.
We strive for completeness in our reporting but cannot guarantee this because developments follow each other at a rapid pace. The Dutch government regularly comes up with additions to or improvements of (new) regulations. As a result, our reports may be outdated at the time you read them. That is why we mention the date and time of posting with each message.