Civil Procedural Law

As a civil procedural lawyer in the Netherlands, we conduct civil proceedings for claimants and defendants, from the first demand letter to enforcement of the judgment. We act for individuals and businesses, Dutch and international, at the subdistrict court, the district court and in summary proceedings. If you received a summons, the first step is to send it to us straight away: the date on it is a deadline.

Clients rate Law & More 9.6 out of 10 on Klantenvertellen, the Dutch review platform (81 reviews, as of October 2026).

What can we help you with?

• a demand letter or notice of default before proceedings start;
• starting proceedings by summons or by application;
• defending you after you received a summons;
• summary proceedings (kort geding) in urgent matters;
• a pre-judgment attachment of bank accounts or assets;
• evidence, witness hearings and court-appointed experts;
• enforcing a judgment, or stopping wrongful enforcement;
• a settlement during the proceedings.

Which court will hear your civil case?

Most civil cases start at a district court (rechtbank), which has a subdistrict sector (kantonrechter) for smaller and specific cases. The subdistrict court hears claims up to 25,000 euros and employment, tenancy, consumer credit and consumer purchase cases, regardless of the amount.

At the subdistrict court you may conduct the case yourself. In other cases at the district court, representation by a lawyer is mandatory. There are eleven district courts. Cases from the Eindhoven area usually go to the District Court of Oost-Brabant, cases from Amsterdam to the District Court of Amsterdam. Proceedings are in Dutch. For international commercial disputes, parties can agree to litigate in English at the Netherlands Commercial Court.

Court	Typical cases	Lawyer required?
Subdistrict court (kantonrechter)	Claims up to 25,000 euros, employment, tenancy, consumer cases	No
District court, civil section	Claims above 25,000 euros and other cases	Yes
Preliminary relief judge (kort geding)	Urgent provisional measures	Depends on the subject
Court of appeal	Appeals against judgments of the district court	Yes

How do Dutch civil proceedings start?

Most cases start with a summons (dagvaarding) that a bailiff serves on the defendant. Some cases, such as many family and employment matters, start with an application (verzoekschrift) filed with the court.

Before you start, the other party usually needs to be put in default with a reasonable term to perform. A clear demand letter often resolves the matter without court costs. Check the limitation period: most contractual claims become time-barred after five years, but shorter periods apply to some claims. The summons states the claim, the grounds and the evidence, and names the date on which the defendant must appear. Our overview of the steps in a civil case explains this phase in more detail.

What happens after the summons?

The defendant submits a written defence, after which the court usually holds an oral hearing (mondelinge behandeling). The court then gives judgment or first orders evidence, for example by witnesses or an expert.

The defence and the hearing

The defendant generally has several weeks to file a statement of defence, often six, with limited extensions. At the hearing, the judge asks questions, explores a settlement and decides how the case will proceed (Article 87 of the Dutch Code of Civil Procedure). Many cases are settled at this stage.

Evidence

The party that relies on a fact generally has to prove it if it is disputed. Since 1 January 2025, the reformed rules on evidence require parties to put the relevant facts and evidence on the table early. They also make it easier to request access to specific documents. See our article on the reformed right to inspect evidence.

If the defendant does not appear

If the defendant does not appear, the court can give a default judgment (verstekvonnis). The defendant can then lodge an objection (verzet), generally within four weeks. Read more in our article on setting aside a default judgment.

How do you enforce a civil judgment?

A judgment ordering payment or performance is an enforceable title that a bailiff can execute. The bailiff can attach bank accounts, salary, goods and real estate of the debtor.

Most judgments are declared provisionally enforceable, so enforcement is possible even if the other party appeals. Do you fear that the debtor will hide assets? Then you can ask the preliminary relief judge for leave for a pre-judgment attachment (conservatoir beslag) before the case starts. You must then start the main proceedings within the period set by the court, at least 14 days (Article 700 of the Dutch Code of Civil Procedure). See our article on asset freezing and pre-judgment attachment. If you do not agree with the judgment, our appeal lawyers can assess an appeal.

How does working with Law & More work?

1. Introductory meeting: we discuss the dispute, the documents and any deadline in a summons or judgment.
2. Advice and cost estimate: we assess your position, the evidence, the chances and the costs risk.
3. Approach and negotiation: we send a demand letter or respond to one, and explore a settlement.
4. Proceedings or completion: we conduct the proceedings, attend the hearing and arrange enforcement.

What does a civil procedural lawyer cost?

Our hourly rate is 250 to 350 euros excluding VAT for a lawyer and 300 to 400 euros excluding VAT for a partner. We agree the rate in advance and give a cost estimate per phase of the proceedings.

The introductory meeting is free of charge. A one-off advice meeting without further assistance costs 300 euros including VAT. Court fees (griffierecht) and bailiff's costs are charged separately; the court fees depend on the value of the claim and are listed on rechtspraak.nl. The losing party usually pays a fixed contribution to the winner's legal costs, which is often far below the actual costs. Legal aid via the Legal Aid Board (Raad voor Rechtsbijstand) exists, but we do not work on that basis.

Who handles your case?

Your case is handled by one of our lawyers; in the introductory meeting you will hear who. Where the dispute concerns a specific area of law, such as corporate or employment law, the lawyer who practises that area is involved. You can meet the lawyers on our team page.

Frequently asked questions

I received a summons. What should I do?

Note the date on which you must appear, and contact a lawyer immediately. At the district court you can only respond through a lawyer; at the subdistrict court you can respond yourself. If you do nothing, the court can give a default judgment in which the claim is usually allowed. Collect the contract, correspondence and other evidence in the meantime.

Do I need a civil procedural lawyer?

At the district court and the court of appeal, representation by a lawyer is mandatory. At the subdistrict court you can litigate yourself, but the rules of procedure and evidence still apply. A civil procedural lawyer assesses the chances, drafts the documents and speaks at the hearing. That also helps in settlement talks, which often take place at the hearing.

How long do civil proceedings take in the Netherlands?

A straightforward case at first instance often takes six months to a year. Cases with witness hearings or court-appointed experts can take considerably longer. Summary proceedings are much faster: a hearing within days or weeks, and a decision shortly afterwards. An appeal adds another one to two years.

Can I recover my legal costs if I win?

Usually only partly. Dutch courts award a fixed contribution to legal costs based on a scale, which depends on the value of the claim and the steps taken. That amount is often far lower than the actual lawyer's fees. Full cost recovery is the exception, for example in intellectual property cases. Court fees and bailiff's costs are generally recoverable from the losing party.

What is summary proceedings (kort geding)?

Summary proceedings are fast proceedings before the preliminary relief judge for urgent matters. The judge gives a provisional decision, such as an order to stop an act or to pay an advance. You must show an urgent interest. The decision does not finally settle the dispute, but in practice parties often accept it.

Can a dispute be settled during the proceedings?

Yes, at any time. Many civil cases end in a settlement, often during or after the oral hearing where the judge explores the options. A settlement is usually recorded in a settlement agreement (vaststellingsovereenkomst) or in an official record of the hearing. An official record can be enforced like a judgment.

In doubt about your position? Tell us about your situation. We will let you know within one working day what your options are. Use our contact form, call +31 40 369 06 80 or e-mail info@lawandmore.nl.

Law & More, Marconilaan 13, 5612 HM Eindhoven (+31 40 369 06 80) and visiting location Pietersbergweg 291, 1105 BM Amsterdam (+31 20 369 71 21). Available Monday to Friday 08:00-22:00, Saturday and Sunday 09:00-17:00.

This page provides general information and does not replace advice on your specific situation.