How does expert evidence work in Dutch proceedings?

Dutch term: Deskundigenbericht | Legal basis: Articles 194-200 Rv

Expert evidence (deskundigenbericht) in Dutch civil proceedings is regulated by articles 194 to 200 of the Dutch Code of Civil Procedure. The court can appoint one or more experts to provide an opinion on questions that require specialised knowledge, such as technical defects, financial losses, or industry practices.

Court-appointed experts are expected to be independent and impartial. Their reports carry significant weight with Dutch courts. Parties can also submit party-appointed expert reports, but these are given less weight than court-appointed expert evidence. The costs of court-appointed experts are initially advanced by the requesting party and form part of the cost allocation at the end of the case.

Why it matters for international businesses

In technical disputes such as product liability, non-conformity claims and construction defects, expert evidence is often decisive. Ensuring that the right expert is appointed and properly instructed can make or break a case.