Law of Evidence at Netherlands
The Netherlands' law of evidence is primarily governed by the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering, DCCP). This framework underwent significant reforms on 1 January 2025 with the enactment of the Simplification and Modernisation of Evidence Law Act (Wet vereenvoudiging en modernisering bewijsrecht, WMB). These changes aim to enhance the efficiency, transparency, and accessibility of civil proceedings. (Simplification And Modernisation Of Dutch Evidence Law - Court Procedure - Netherlands)
🧾 Core Principles of Dutch Evidence Law
1. Freedom of Evidence
Dutch civil law adheres to the principle that all means of evidence are admissible, unless explicitly restricted by law. This encompasses a wide array of evidence types, including:
Documents (both physical and electronic)
Witness Testimony
Expert Opinions
Audio and Video Recordings
Presumptions ((PDF) EVIDENCE IN CIVIL PROCEDURE IN THE NETHERLANDS: TRADITION AND MODERNITY | cornelis hendrik (remco) van rhee - Academia.edu)
Notably, even illegally obtained evidence may be admissible in civil proceedings, though its unlawful acquisition could lead to criminal liability . (Dutch lawyer - Evidence and the rules in Dutch Civil Law)
2. Burden of Proof
Parties are obligated to substantiate their claims with concrete facts and evidence. This includes: (Dutch lawyer - Evidence and the rules in Dutch Civil Law)
Explicitly identifying the evidence they possess or expect to obtain .
Cooperating in the discovery and presentation of evidence, including the possibility of preliminary evidence gathering during ongoing proceedings. (The Simplification and Modernisation of the Law of Evidence Act entered into effect on 1 January 2025; What's new? | Kennedy Van der Laan)
3. Role of the Court
While the court remains impartial, the WMB enhances its active role in fact-finding by: (The Simplification and Modernisation of the Law of Evidence Act entered into effect on 1 January 2025; What's new? | Kennedy Van der Laan)
Suggesting lines of inquiry or evidence to parties.
Designating witnesses to be heard.
Ordering the production of documents or evidence, even outside the courtroom, unless exceptions apply . (Nieuw bewijsrecht - STUDIO-LEGALE)
4. Admissibility of Evidence
The court assesses the relevance and reliability of evidence presented. It is not bound by formal rules of evidence but evaluates the probative value of each piece of evidence. Certain types of evidence, such as notarized documents, may carry presumptive weight .
🆕 Key Reforms Introduced in 2025
1. Codification of the Obligation to Substantiate Claims
Parties must now explicitly state the evidence they possess or expect to obtain in their initial submissions. Failure to do so may result in adverse consequences, such as dismissal of claims or defenses.
2. Enhanced Right of Inspection
The right to access documents or evidence is strengthened. Requests for access are presumptively granted unless specific exceptions apply, such as confidentiality or legal privilege . (The Simplification and Modernisation of the Law of Evidence Act entered into effect on 1 January 2025; What's new? | Kennedy Van der Laan)
3. Streamlined Evidence Gathering
Procedures for provisional evidence gathering, such as witness examinations or expert reports, are standardized and can be initiated during ongoing proceedings. This facilitates more efficient case preparation and resolution.
4. Modernization of Privilege Rules
The scope of legal privilege is clarified, ensuring that communications between parties and their legal advisors remain protected from disclosure.
🌍 International Considerations
For cross-border disputes, the Netherlands adheres to international conventions, such as the Hague Evidence Convention, facilitating the gathering of evidence abroad in a manner that respects the legal frameworks of other jurisdictions . (Hague Evidence Convention)
📚 Further Resources
For detailed information on Dutch evidence law, consider consulting:
Dutch Code of Civil Procedure (DCCP): Rechtspraak.nl
Simplification and Modernisation of Evidence Law Act (WMB): Kennedy Van der Laan
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