Procedural law

Procedural law forms the basis for fair, orderly and just proceedings in the legal system. This law prescribes rules and procedures that must be followed in legal disputes and legal proceedings. Knowledge of procedural law enables individuals and organisations to understand and defend their own rights, ensures that legal procedures are followed correctly and offers adequate protection of interests during legal disputes. What is procedural law and when does the knowledge and expertise of a procedural law solicitor come in handy?

What is procedural law?

Procedural law is the law that governs court proceedings. It applies to situations in which legal disputes must be settled by a court of law. Procedural law encompasses the laws, regulations, practices and procedures that determine how legal cases must be brought, heard and settled in a court of law or tribunal. The law can be divided into three categories, each for proceedings and litigation in legal disputes between specific parties.

• Civil procedural law governs proceedings in civil cases, such as disputes between private individuals and companies and labour law disputes, but also family law cases, such as divorces and custody cases.
• Administrative procedural law governs the procedure in administrative law cases, such as administrative disputes between citizens and government bodies. This law is part of administrative law.
• Criminal procedural law governs the procedure in criminal cases, in which the guilt of a suspect is determined. The criminal procedure runs from the report of the offence to the verdict.

Civil procedural law in the Netherlands

Dutch civil procedural law, abbreviated to BPR, is part of private law. This area of law regulates the relationships between parties in civil proceedings. Procedural law comprises the most important laws, rules and procedures that apply to civil disputes between private individuals, organisations and government agencies. Civil procedural law provides a clear, transparent structure and guarantees the fair and orderly handling of legal disputes between parties. Procedural law for civil cases is laid down in the Code of Civil Procedure.

What are the principles of procedural law?

Procedural law, or formal law, governs various processes related to legal proceedings. Within the legal system, this law essentially regulates all steps and procedures related to bringing, handling and deciding legal disputes in the judicial system. The purpose and principles of procedural law are to ensure a fair, orderly and efficient course of events in the legal process.

What does procedural law cover?

The most important legal remedies and procedures that fall under procedural law and are applied by a procedural lawyer are:

• Initiating legal proceedings: how a legal case is initiated, including the filing of a complaint, summons or petition with the court.
• Jurisdiction and competence: which court or judge has jurisdiction to hear a particular case based on territorial, subjective and objective criteria.
• Pleadings and defences: guidelines for submitting pleadings and defences, presenting the facts and legal issues and putting forward arguments.
• Evidence: the rules for presenting and admitting evidence, such as witness statements, documents and expert reports.
• Witness examination: the procedure for questioning witnesses and presenting witness evidence during a trial.
• Intervention: rules for third parties who wish to intervene in a pending case.
• Appeal proceedings: the rules for lodging appeals against judgments of lower courts, including filing deadlines and required documents.
• Seizure and provisional measures: conditions and procedures for obtaining seizures, provisional measures and other judicial measures to protect interests during ongoing proceedings.
• Arbitration and alternative dispute resolution: procedural law may also apply to alternative dispute resolution procedures, such as arbitration, and includes rules for the enforcement of arbitral awards.
• Enforcement of court judgments: the procedures for enforcing court judgments, including the execution of judgments and decisions.
• Time limits and limitation periods: setting time limits for filing legal documents and bringing legal proceedings, as well as rules relating to the limitation of claims.

What cases does a magistrate’s court judge handle?

In the Netherlands, which judge has jurisdiction to hear a dispute depends on various factors. In addition to the nature of the case, the financial interest also plays a role in determining which judge has jurisdiction. A subdistrict court judge in the Netherlands generally handles civil cases, such as disputes about contracts, damages and other civil matters. These are cases with a relatively low financial value. The subdistrict court judge handles disputes up to €25,000. Disputes involving higher monetary claims must be submitted to the district court.

In addition to employment disputes and disputes relating to consumer purchases, the magistrate’s court also handles tenancy cases, such as rental disputes between tenants and landlords, regardless of the financial value of the case. These include, for example, cases concerning rent increases, late payments and the termination of rental contracts. Other disputes must be brought before the district court. Unlike proceedings before the subdistrict court, it is mandatory to engage a solicitor in such cases.

What does the procedural law procedure look like?

Procedural law consists of a standardised procedure that is followed in legal disputes. The procedure starts with the submission of a summons or petition (or other legal document) to a competent court. The summons sets out the claimant’s claim, as well as the charge(s) against the defendant. The summons forms the basis for the case. The summons is usually drawn up by a procedural law solicitor. A bailiff serves the summons on the defendant.

The court then determines whether it has the legal authority to hear the specific case. In doing so, it considers territorial jurisdiction (geographical) and subject-matter jurisdiction (type of case). The procedural documents must be submitted in accordance with the actual procedure established by the courts and tribunals themselves.

Written proceedings, witness statements and judgement

Once the case has been accepted for consideration, the defendant is given the opportunity to respond to the charges by submitting a statement of defence (written proceedings). Both parties then submit pleadings setting out their positions, arguments and legal grounds. They may support their claims by submitting witness statements, documents, expert testimony and other relevant evidence. Witnesses may be called to testify under oath about the facts of the case.

The court may decide to hold an oral hearing in which the parties can present their arguments before the court reaches a decision in the case. The parties have the option of appealing against the judgment after it has been handed down. In that case, the case will be reassessed by a higher court, such as the High Court. An appeal must be lodged within three months (in the case of summary proceedings, within one month). Please note: the procedure may differ in specific respects from case to case. For example, certain steps and the manner of proceeding depend, among other things, on the type of case, the jurisdiction and specific rules that apply.

Abuse of procedural law

When is there abuse of procedural law? Abuse of procedural law occurs when parties in legal proceedings make unfair or inappropriate use of legal remedies and rights. Is the abuse intended to disadvantage other parties, disrupt or delay the legal process, or mislead the judicial organisation or judiciary? If so, this can lead to penalties and sanctions in the form of fines, having to pay legal costs, or even the loss of procedural rights. Examples of procedural abuse include filing false claims, initiating unnecessary legal proceedings and manipulating evidence.

Interim relief proceedings and proceedings on the merits

Procedural law provides legislation and regulations for legal proceedings used to resolve disputes. The procedure used to bring disputes between parties before the court depends on the type of case.

1. Main proceedings: Main proceedings are regular legal proceedings used to resolve in-depth disputes, in which all relevant facts and legal issues are thoroughly examined and assessed by the court. In proceedings on the merits, all parties are given ample opportunity to present arguments, submit evidence and hear witness statements. The judgment in proceedings on the merits is usually final and may be subject to appeal.
2. Interim relief proceedings: interim relief proceedings are an expedited and provisional procedure used in urgent cases that require immediate legal action. Interim relief proceedings are intended to obtain provisional measures, such as a temporary injunction, lifting of attachment, or enforcement of a specific performance, pending a final decision in proceedings on the merits. Interim relief proceedings are usually dealt with quickly and can lead to provisional rulings that are later evaluated in proceedings on the merits.

Frequently asked questions about procedural law:

• What is procedural law?

Procedural law is the legislation and regulations that describe the course of events in legal proceedings. Procedural law is the set of legal rules concerning the institution of legal proceedings and the enforcement of judgments and orders.

• What does procedural law entail?

Procedural law determines how legal proceedings are initiated, conducted and settled. It also prescribes how procedures must be followed. For example, with regard to the submission of legal documents, the holding of hearings and the presentation of evidence.

• What is procedural law called?

Procedural law, or formal law, is also referred to as “legal procedural law” or “procedural law”. Procedural law has three different forms: criminal procedural law, civil procedural law and administrative procedural law.

• What is private procedural law?

Private procedural law is the part of procedural law that focuses on disputes between private individuals, organisations and entities, to which private law rules and standards apply. It regulates the procedures and rules for civil cases, such as contract disputes, liability issues and family law cases.

• What is the role of a bailiff in procedural law?

The bailiff plays an important role in civil procedural law. He or she is responsible for the formal service of procedural documents and is therefore the link between the court and the parties to the proceedings. Without proper service, proceedings may fail at the outset. In addition, the bailiff can enforce judgments and orders by serving them followed by seizure. His/her activities are strictly bound by legal rules and guarantee a fair procedure.

• What are the consequences of failing to comply with procedural deadlines?

Failing to comply with procedural deadlines can have far-reaching consequences. Filing a claim, defence or appeal too late may result in your claim being declared inadmissible or you losing your rights of defence. The court generally adheres strictly to these deadlines in order to ensure the progress and legal certainty of proceedings. For example, in many civil cases, the deadline for lodging an appeal is three months after the judgment. If you are late, the judgment becomes final, even if there are substantive grounds for appeal. For entrepreneurs, this can mean that an (unjustified) claim becomes irrevocable.

What can a litigation solicitor do for you?

A dispute with a customer or business partner can cause entrepreneurs and companies a great deal of concern. Usually, the parties can reach an agreement and it is not necessary to go to court. If this is not possible and a judge has to settle the dispute, the expertise of a litigation lawyer can help you achieve a favourable ruling. The litigation lawyers at Fruytier Lawyers in Business have many years of experience with various procedures and extensive knowledge of civil law.

At Fruytier Lawyers in Business, we understand that you do not want to be involved in lengthy legal proceedings with the associated legal fees. It may sound strange for us as solicitors to say this, but we will not be quick to go to court if it is not necessary. We understand all too well that you want to move on. So we try as much as possible to resolve disputes outside the courtroom. And if it is unavoidable or more efficient to have a judge decide on a dispute, you will find the litigation lawyers at Fruytier Lawyers in Business to be enthusiastic allies. Courage and creativity combined with a solid legal foundation enable us to help entrepreneurs win.

The best in litigation

Being skilled in litigation is a prerequisite for working as a solicitor at Fruytier Lawyers in Business. The most experienced litigators and specialists in procedural law within the firm are listed on the right.