How to file a court case in the Netherlands: step by step

Dutch term: Dagvaardingsprocedure starten | Legal basis: Articles 45, 111, 125 Rv

Filing a court case in the Netherlands follows a structured sequence: (1) draft the summons (dagvaarding) setting out the facts, legal grounds and relief sought; (2) have a Dutch bailiff (deurwaarder) serve the summons on the defendant; (3) the bailiff registers the summons with the court; (4) the defendant files a statement of defence (conclusie van antwoord); (5) the court schedules a case management hearing (comparitie); (6) further written submissions and evidence as ordered; (7) judgment. For claims above 25,000 euro, representation by a Dutch advocate is mandatory.

The timeline from filing to first-instance judgment is typically 12 to 18 months for a standard commercial case. Court fees (griffierecht) depend on the claim amount and party status. The claimant should have the documentary evidence organised before drafting the summons, because the quality of the written submissions drives the outcome in Dutch civil procedure. For urgent matters, summary proceedings (kort geding) deliver a provisional judgment within 4 to 8 weeks instead.

Why it matters for international businesses

For international businesses considering Dutch litigation, the first step is a case assessment with a Dutch advocate. MAAK Advocaten provides an initial assessment at no charge, covering the legal position, the realistic outcomes, the procedural route, and the expected costs and timeline.