Bewijsbeslag
Seizure of evidence
Evidence seizure is a conservatory attachment on property or data to secure evidentiary material for a future civil proceeding. It prevents evidence from being destroyed, alienated or rendered unusable.
Evidentiary attachment is a judicial measure by which, upon application by an interested party, attachment is levied on objects, documents or digital data that may serve as evidence. The measure is grounded in the Dutch Code of Civil Procedure and is frequently employed in intellectual property matters or where tortious conduct is suspected.
The significance of evidentiary attachment lies in its ability to strengthen the applicant’s evidentiary position and to compel the opposing party to cooperate in the taking of evidence. Absent this mechanism, evidence could readily be concealed or destroyed, rendering any subsequent proceedings ineffective.
In practice, evidentiary attachment is typically effected by a bailiff under the supervision of a judge-commissioner. Following the attachment, proceedings are often commenced pursuant to Article 843a Rv, in which the applicant may seek an order for inspection or delivery of the attached materials.
“The plaintiff's counsel has levied an evidentiary seizure on the defendant's server to establish the alleged copyright infringement.”
Related terms
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