How does witness testimony work under Dutch law?

Dutch term: Getuigenverklaring | Legal basis: Articles 163-185 Rv

Witness testimony in Dutch civil proceedings is regulated by articles 163 to 185 of the Dutch Code of Civil Procedure. Witnesses are examined by the judge, not by the parties' counsel (although counsel may suggest questions). There is no cross-examination in the common-law sense.

A party has the right to prove its case by witness evidence, and the court will generally allow a witness hearing if the evidence is relevant and contested. Witnesses testify under oath and can be compelled to appear. The testimony is recorded in a written report (proces-verbaal). A party's own testimony carries less evidential weight than that of an independent witness.

Why it matters for international businesses

For international parties, the key difference from common-law systems is the judge-led examination and the absence of adversarial cross-examination. Preparing witnesses for the format of a Dutch court hearing is important.