Procesvolmacht

A procedural power of attorney is a specific power of attorney by which a litigant (the claimant or defendant) authorises a lawyer to act on their behalf in a lawsuit. Regulated by law in Article 80 of the Dutch Code of Civil Procedure for civil cases and Article 8:24 of the General Administrative Law Act for administrative cases.

When is a procedural power of attorney required? For summonses and petitions above the jurisdiction of the cantonal court (€25,000 or employment cases); for divorce petitions — only lawyers have a monopoly on procedural representation; for administrative appeals — often via an authorised representative or lawyer.

In cantonal cases (rent, employment, consumer cases under €25,000), parties can also litigate themselves or send an authorised representative, without a lawyer. A procedural power of attorney is then not mandatory.

Content of the procedural power of attorney: identification of the parties (grantor and attorney), description of the case and the court, specific powers (to litigate, settle, lodge an appeal), any limitations (e.g. not permitting settlement outside a hearing), date and signature of the grantor.

A procedural power of attorney ends when the case is concluded, upon revocation by the grantor, or upon death (after which any legal successors may continue the proceedings).