What is evidence seizure (bewijsbeslag) under Dutch law?

Dutch term: Bewijsbeslag | Legal basis: Article 843a Rv + case law

Evidence seizure (bewijsbeslag) under Dutch law allows a party to seize and preserve evidence held by the opposing party or a third party, to prevent its destruction or alteration before or during proceedings. The legal basis is article 843a of the Dutch Code of Civil Procedure, read with the general attachment provisions and Supreme Court case law.

The court grants a bewijsbeslag order ex parte (without notice to the other side). A bailiff seizes the specified documents, data carriers or other evidence and holds them pending a court decision on whether the requesting party may inspect them. The seizure preserves the evidence but does not automatically give the requesting party access; a separate exhibitie procedure (article 843a Rv) is needed for that.

Why it matters for international businesses

For disputes involving suspected fraud, IP infringement, or concealed non-compliance, evidence seizure can be decisive. It prevents the other side from destroying or hiding the evidence that the case depends on.