A Dutch Appeal Lawyer can file the Appeal with the Dutch Court of Appeal. In The Netherlands all judgments from the District Court can be appealed to the Court of Appeal in the relevant district.
The Netherlands has five Courts of Appeal. Only judgments regarding claim less than EUR 1.750,- or judgments regarding dissolution of Dutch employment agreements cannot be appealed from. Appeal from a Dutch interim judgment is also possible in The Netherlands. However, appeal from an interim judgment is not possible if the judgment itself indicates that appeal is only possible following the final judgment of the Dutch Court.
Deciding to Appeal in the Netherlands
Before deciding to appeal your case in the Netherlands, talk to an Appeal Lawyer. An Appeal may be costly and time consuming. You need a proper advice on your chances in the Dutch Appeal procedure. The Dutch Appeal lawyer can explain your chances of winning or losing the appeal, as well as costs involved. You may also wish to discuss the strategy for the appeal with an appeal attorney. How are you going to get a better result in the appeal? Do you need more witness statements or an expert opinion? Or were not all facts taken into account? The Dutch Appeal lawyer should convince the appeal judges that the District Court reached the wrong conclusion about the facts of the case or a wrong legal assessment.
Time for Appeal Dutch Court of Appeal
An appeal in The Netherlands should be lodged within three months from the date of the judgment of the Court of first instance. A Dutch appeal lawyer can file the appeal by issuing a Writ of Summons in the appeal proceedings. The Appeal Writ of Summons can be notified at the address of the respondent’s lawyer in first instance. Also, a judgment regarding preliminary relieve proceedings in the Netherlands can be appealed to the Dutch Court of Appeal. The appeal should be lodged within four weeks from the date of the judgment in the preliminary relieve proceedings.
Dutch Review Court Case in Appeal
The Dutch court of appeal will give a full review of the case. Scope of the appeal is defined by the appellant’s complaints. It may not be necessary to appeal from all parts of the judgment. The appellant can therefore determine what the scope of the review in appeal. However, the other party can also file an appeal on its behalf, then broaden the scope of the review with the court of appeal (cross appeal).
Proceedings in Appeal Netherlands Court
The appeal proceedings are similar to the procedure with the Dutch court of first instance. The appellant will at least file one statement with its complaints and the defendant in the appeal will file a statement of reply. It is not necessary that the writ of summons for the appeal already contains the (reasons for the) complaints. These complaints can be stipulated in a following court document that the appeal attorney will file. Claims can be modified in appeal; the Court of Appeal can also order witnesses to be heard in the appeal; the Dutch Court of Appeal can also appoint an expert.
Hearing your appeal case in the Netherlands
A court hearing in the appeal proceedings is not standard. As soon as the appeal is filed with the court of appeal, the court may decide to conduct a court hearing before any statements have been filed in the appeal proceedings. The Dutch courts of appeal do this more often in order to try and settle cases which are filed for appeal. If the parties in the appeal proceedings do not succeed in a settlement, then the appeal will proceed and parties will file their statements. After the written statements have been filed with the court of appeal, then one or both parties may ask for pleadings with the court of appeal. A court hearing will be scheduled for the pleadings in court.
Judgment Dutch Court of Appeal
Upon the final action in the appeal proceedings, the Dutch Court of Appeal will schedule a date for a judgment in the appeal. Usually that is six weeks after the final event in the proceedings. Very often, however, these judgment dates are postponed. A judgment from the court of appeal can be appealed from with the Dutch Supreme Court (Hoge Raad). If you have a question on Dutch Appeal or Dutch Court Judgement please don’t hesitate to contact me.