Appeldagvaarding

Appeal Summons

An appeal summons is the writ by which an appeal is instituted by summoning the opposing party to appear before the court of appeal. It constitutes the formal commencement of the appeal proceedings in actions commenced by summons.

In Dutch civil procedure, the appeal summons is the instrument by which an appeal is lodged against a judgment of the district court. Through a bailiff, the appellant causes the respondent in the appeal to be summoned to appear before the court of appeal, setting out the grounds of appeal against the judgment under appeal.

The appeal summons must be served within the statutory time limit for appealing and must satisfy strict formal requirements in order to be admissible. The document is significant in that it initiates the proceedings before the court of appeal and constitutes the basis for the subsequent conduct of the appeal.

In practice, the appeal summons is ordinarily prepared by counsel and served by a bailiff, whereupon the case is entered in the register of the court of appeal and the proceedings continue by way of written submissions and, where applicable, oral argument.

“The attorney served the appeal summons on the opposing party to contest the district court's judgment before the court of appeal.”

Need legal advice?

Schedule a free consultation with one of our specialists