Provisional Evidence Measure Explained for Utrecht

Provisional Evidence Measure at Utrecht District Court

The provisional evidence measure offers Utrecht residents a quick way to secure evidence before a lawsuit, particularly when evidence risks disappearing. In personal injury cases, such as accidents on the busy roads around Utrecht, medical injuries often evolve rapidly or witness statements fade. This procedure via the Utrecht District Court effectively preserves evidence and bolsters your claim.

Why Apply for This Measure in Utrecht?

Evidence is crucial in Utrecht injury cases. For instance, after a collision on Amsterdamsestraatweg, recovery can mask the severity of injuries. Without action, your claim weakens against the insurer. The provisional evidence measure allows the Utrecht District Court to order immediate evidence fixation, such as a medical examination or witness hearing.

It serves as an efficient interim step, not a full procedure, ideal for negotiations with regional insurers.

Legal Basis

Governed by Article 359 of the Code of Civil Procedure (Rv), the Utrecht District Court may, upon request, gather evidence for an impending or ongoing claim. Options include:

• Hearing witnesses or parties;
• Inspecting documents;
• Expert report;
• Attachment of goods.

In injury cases, it is often linked to Article 186 Rv for a provisional expert report. The new Code of Civil Procedure (fully in effect since January 1, 2024) streamlines the process at Utrecht District Court even further.

Conditions for Approval by Utrecht District Court

The judge grants it if you demonstrate:

1. Urgent interest: Evidence at risk, such as rapid recovery after a fall;
2. Concrete claim: A clear legal claim on the horizon;
3. Proportionality: No undue burden on the opposing party.

Utrecht Example: Mr. De Vries slips in a supermarket on Kanaalstraat in Utrecht and breaks his wrist. The store denies liability. He requests a medical examination via Utrecht District Court due to recovery. The exam follows within two weeks.

Step-by-Step Procedure at Utrecht District Court

Here's how it works:

1. Summary proceedings summons: Swift call for a hearing (often within 24 hours);
2. Hearing: Parties argue, submit evidence;
3. Ruling: Decision within days, immediately enforceable;
4. Costs: Court fee around €85 (2024); lawyer fees recoverable upon success.

Results often within 1-2 weeks.

Rights and Obligations

Rights:

• Expedited evidence protection;
• Cost reimbursement on success;
• Privacy protection (Art. 8 ECHR).

Obligations:

• Serious intent to pursue main proceedings;
• Cooperate in execution;
• No abuse (Art. 194 Rv).

Comparison with Provisional Expert Report

Art. 359 Rv (provisional evidence measure) is broader than Art. 186 Rv (expert report):

More on the provisional expert report.

Utrecht Practice Examples

Example 1: Cycling accident on Oudegracht. Whiplash victim secures MRI before recovery via Utrecht District Court.

Example 2: Fall at construction site in Kanaleneiland. Witness emigrating; court orders statement.

Example 3: Faulty product from Utrecht store; attachment before disposal.

FAQs for Utrecht