Bewijs
Evidence
Evidence is the body of facts, documents and other means by which, in legal proceedings, the truth of an assertion is proved or disproved. It forms the basis for the court’s decision.
Under Dutch law, evidence comprises all permissible means that parties may employ to substantiate their positions. This may range from written documents and witness statements to expert reports and audiovisual material.
Evidence is relevant because the outcome of civil and criminal proceedings often turns on the burden of proof and the persuasiveness of the material presented. The court assesses the admissibility and probative value of evidence in accordance with statutory rules.
In practice, counsel must collect and file evidence in a timely manner, taking into account the allocation of the burden of proof and any evidentiary presumptions, in order to maximise their client’s prospects of success.
“The claimant succeeded in furnishing sufficient evidence in support of his claim by means of the contract submitted and the witness statements.”
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