Voorlopig getuigenverhoor
Provisional examination of witnesses
A preliminary examination of witnesses is a procedure whereby, at the request of a party, witnesses may be heard by the court prior to the main proceedings in order to gather or secure evidence.
The preliminary examination of witnesses is a procedural instrument under Dutch civil procedure law, governed by the Code of Civil Procedure. It enables a party to have witnesses heard at an early stage by means of an application to the court, for the purpose of securing evidence or assessing the viability of a claim.
The procedure is of particular relevance as it allows parties to preserve critical witness testimony before evidence is lost or recollections fade. It may also facilitate settlement or avert unnecessary litigation.
In practice, the instrument is frequently invoked in matters where evidence depends predominantly on oral testimony, such as employment disputes or contractual conflicts.
“The attorney filed a request for a preliminary examination of witnesses in order to secure the statements of the former employees in a timely manner.”
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