Peremptoir stellen

To set peremptorily.

Setting a peremptory term means the court imposing a strict deadline within which a procedural act must be performed. Exceeding that deadline causes the party to forfeit the right to perform the act at a later stage.

In Dutch civil procedure, setting a peremptory deadline consists in the court fixing a strict and final time limit. A party that fails to perform the prescribed act within that limit definitively forfeits the right to do so and may be placed in default.

This mechanism serves to ensure the orderly progress of proceedings and to prevent unnecessary delay. It protects the opposing party against repeated adjournments and contributes to the efficient disposition of cases.

In practice, peremptory deadlines are frequently imposed for the filing of pleadings, the service of documents, or compliance with evidentiary orders. When doing so, the court expressly states the consequences of non-compliance.

“The court peremptorily ordered the claimant to produce the documents sought within two weeks, failing which the application would be dismissed.”

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