What is a preliminary witness hearing (voorlopig getuigenverhoor) under Dutch law?

Dutch term: Voorlopig getuigenverhoor | Legal basis: Article 186 Rv

A preliminary witness hearing (voorlopig getuigenverhoor) under article 186 of the Dutch Code of Civil Procedure allows a party to have witnesses heard by the court before or during proceedings, in order to assess the strength of a potential claim or defence. The hearing is requested by petition (verzoekschrift) and is granted unless the request is abusive or contrary to good procedural order.

The preliminary witness hearing is a strategic tool: it allows a party to test the factual foundation of a case before committing to full proceedings. Witnesses testify under oath and the testimony can be used in subsequent litigation. The other party is entitled to attend and suggest questions. Unlike common-law depositions, the hearing is judge-led.

Why it matters for international businesses

For international businesses considering Dutch litigation, a preliminary witness hearing can clarify whether the facts support a claim before the cost and commitment of full proceedings.