Provisional Evidence Measure Explained for Amsterdam

Provisional Evidence Measure in Amsterdam

The provisional evidence measure offers Amsterdam residents a quick way to secure evidence before a lawsuit begins or when evidence is at risk of being lost. It's especially essential in personal injury cases in this vibrant city, such as bike accidents on the canals or trips in the city center. It protects your rights by immediately preserving evidence, for example through a medical examination by a local specialist.

Why Apply for This Measure in Amsterdam?

Evidence is key in injury claims. Imagine you're injured in a busy Amsterdam bike crash and your doctor warns of rapid recovery, making it hard to prove the damage later. Without action, your claim loses strength against the insurer. At the Amsterdam District Court, you can request a provisional evidence measure, allowing the judge to order immediate preservation, such as witness hearings or an expedited assessment.

It's a practical, short procedure – not a full trial – that strengthens your position in negotiations with insurers, which are common in this city with its high accident density.

Legal Basis

Governed by Article 359 of the Code of Civil Procedure (Rv), the Amsterdam District Court may, upon your request, order the taking of evidence for an impending or ongoing claim. Options include:

• Hearing witnesses or parties;
• Inspecting documents;
• Preparing an expert report;
• Seizing goods.

For personal injury, it's often combined with Article 186 Rv for a provisional expert report. Thanks to the modernization of the Rv (fully effective since January 1, 2024), the process is more efficient at the Amsterdam District Court.

Conditions at the Amsterdam District Court

The judge will only approve if you demonstrate:

1. Urgent interest: Evidence is at risk, such as recovering injuries after a fall on an Amsterdam sidewalk.
2. Concrete claim: A clear legal claim in sight.
3. Proportionality: No undue burden on the other party.

Amsterdam Practice Example: Ms. Jansen trips over a loose sidewalk tile in De Pijp and breaks her hip. The Municipality of Amsterdam disputes liability. Through a provisional evidence measure at the Amsterdam District Court, she obtains a medical examination within two weeks.

Procedure at the Amsterdam District Court Step by Step

Here's how to apply:

1. Summary Proceedings Summons: Quick summons of the other party (often a hearing within 24 hours).
2. Hearing: Parties argue their case; submit evidence.
3. Judgment: Within days, immediately enforceable.
4. Costs: Court fee around €85 (2024); attorney fees often reimbursed if successful. Seek free advice from the Amsterdam Legal Aid Desk.

Results typically within 1-2 weeks – ideal for urgent Amsterdam cases.

Your Rights and Obligations

Rights:

• Immediate preservation of evidence;
• Cost reimbursement if granted;
• Privacy protection (Art. 8 ECHR).

Obligations:

• Serious intention to pursue the main proceedings;
• Cooperate in execution;
• No abuse (Art. 194 Rv).

Comparison with Provisional Expert Report

Art. 359 Rv (provisional evidence measure) vs. Art. 186 Rv (expert report):

More info: provisional expert report.

Amsterdam Practice Examples for Personal Injury

Example 1: Bike accident on Dam Square; whiplash disputed. Measure orders MRI before recovery.

Example 2: Fall at construction site in Oost; witness leaving. Judge orders sworn statement.

Example 3: Faulty bike rental in De Jordaan; seizure before disposal.

Frequently Asked Questions