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Opposition

Opposition is the legal remedy by which a party against whom a default judgment has been rendered challenges the judgment in order to present a defence.

Opposition is a procedural remedy available under Dutch civil procedure law. It enables a party that did not appear at the hearing to challenge a default judgment. By lodging opposition, the matter is reopened, allowing the opposing party to present its case.

This remedy is of importance because it safeguards the principles of audi alteram partem. Without opposition, a default judgment could become final without the absent party having had an opportunity to be heard. In practice, opposition is frequently resorted to where the defendant only becomes aware of the proceedings or the judgment at a later stage.

The time limit for lodging opposition is generally four weeks from the date of service of the judgment.

“The lawyer advised his client to lodge an opposition against the default judgment so that he could still present his side of the story.”

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