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Examination of Witnesses

A witness examination is the formal questioning of a witness by the court or the parties in civil or criminal proceedings to establish the facts.

A witness examination constitutes an essential element of the evidentiary process in Dutch court proceedings. The witness is summoned and, under oath, provides a statement concerning facts observed, following which the court and, where appropriate, counsel may put questions.

Such an examination is relevant in that it contributes to the establishment of the truth and assists the court in forming a judgment on the facts. Without reliable witness testimony, many cases cannot be sufficiently proven.

In practice, a witness is frequently summoned in writing, and the examination takes place in the courtroom or before the examining magistrate. The statement may subsequently be used as evidence in the judgment.

“The plaintiff's counsel asked during the examination of witnesses whether the neighbor had clearly observed the collision.”

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