Verzetprocedure
Opposition proceedings
An opposition procedure is the statutory remedy available to a defendant to challenge a default judgment by means of an opposition summons.
In Dutch civil procedure, a party that fails to appear may be held liable by default judgment. The opposition proceedings afford that party the opportunity to present a defense and contest the judgment.
The proceedings are initiated by the filing of a writ of opposition within the statutory time limit, after which the matter is reheard. This ensures that parties are not irrevocably bound without having had the opportunity to defend themselves.
In practice, opposition is regularly brought to seek reconsideration of a default judgment, particularly where service was improper or deadlines were missed.
“The defendant commenced opposition proceedings to contest the default judgment.”
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