Procedural law

Civil procedural law contains all legislation regarding court proceedings: the commencing of a dispute, the relevant procedure, procedural time limit, the formal requirements a procedural document has to meet, et cetera.

TEAM Advocaten has a high-minded litigation practice and treats civil law cases in district courts and courts of appeal, but also arbitration(s) and binding advice. Thanks to years of experience, our lawyers are specialized in court proceedings (proceedings on the merits and summary proceedings) and arbitration procedures.

Summary proceedings can be a relief in a dispute in which the claimant has an interest in a swift judgment and can’t wait on the outcome of a (long) proceedings on the merits. Prior to, but also during court proceedings, a creditor can seize the debtor’s possessions.

Judiciary Quality and Innovation Program (KEI)

Per 1 September 2017, digital litigation in civil procedures at the district courts Gelderland and “Midden-Nederland” is obliged. De Dutch judiciary has to join the digitization of society and procedures must go faster and become easier. That is the purpose of the Quality and Innovation Program (KEI).KEI).

The five most important changes:

  1. The summons proceedings and application proceedings are replaced by a uniform basic procedure;
  2. The procedure is initiated with a process introduction (the term ‘dagvaarding’ (claim form) expires);
  3. The rules for summons change, including the possibility to summon without the intervention of a bailiff;
  4. More legal time limits for specific procedural acts will be added;
  5. The court can take more control and there will be more emphasis on oral treatment.

For the digital procedures, the Judiciary has developed the digital system: ‘Mijn Rechtspraak’ (My Judiciary). Procedural documents and evidence will have to be delivered digitally and the judgment will eventually also be digital.

 

ATM Advocaten is ready for KEI and its lawyers are well prepared, so that they can initiate a digital proceedings through this secured web portal in a way that safeguards the (privacy) interests of its clients.

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