Gedaagde
Defendant
The defendant is the party against whom a claim is brought in civil proceedings and who is summoned by the claimant.
In Dutch civil procedure, the defendant is the natural or legal person summoned by the claimant to appear before the court and to defend against the claim brought. This position confers on the defendant the right to raise a defence, to adduce evidence and, where appropriate, to bring a counterclaim.
The term is significant because the defendant safeguards the principle of hearing both sides and thereby ensures a fair trial. Without a defendant, no judgment binding on the opposing party can be rendered.
In practice, the defendant is served with a summons and must file a statement of defence with the court within the statutory time limit.
“The defendant has argued in its statement of defence that the plaintiff's claim is time-barred.”
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