Short Reads

KEI pilot ends: reset of digital litigation at Dutch courts, and new procedural rules

KEI pilot ends: reset of digital litigation at Dutch courts, and new

KEI pilot ends: reset of digital litigation at Dutch courts, and new procedural rules

05.08.2019 NL law

On 1 October 2019, legislation will enter into force ending the KEI pilot scheme for digital litigation at the courts of Gelderland and Central Netherlands (Midden-Nederland). However, certain new procedural rules, which were part of the digitalisation pilot, will remain in force and will apply to all Dutch courts.

End of digital litigation

The pilot for digital litigation started on 1 September 2017 for claims with mandatory legal representation at the courts of Gelderland and Central Netherlands; see our previous blogs 'KEI: Digitalization of the justice system', 'The start of KEI: introduction of digital litigation' and 'Implementation of KEI legislation for Civil 1.0 procedures'. The pilot was originally supposed to be integrated in several phases, and digital litigation was planned to be integrated in all Dutch courts in 2019. This was cancelled, however, after the development of the digital system had been aborted due to budget overruns and uncertainty about whether it would result in a well-functioning system. The operation of the pilot scheme had led to differences in litigation and procedural rules at the courts of Gelderland and central Netherlands on one hand, and the rest of the Dutch courts on the other, since 1 September 2017.

The need to align the procedural rules for all Dutch courts as soon as possible has resulted in this new legislation, which puts an end to the pilot and provides for the same procedural rules for all Dutch courts.

The digital litigation for claims in cassation, in force since 1 March 2017, will remain unchanged.

Reset of digitalisation

The Council of the Judiciary has now adopted a  basic plan for civil law and administrative law to shape digitalisation in a different way (dubbed the "reset" of digitalisation) as a first step towards future legislation on digital litigation. This will require the same uniform procedural law to apply to all courts. Therefore, adjustments are needed to the procedural regulations. These are currently being worked on.

Introducing new procedural rules

The new legislation does not only withdraw the digitalisation pilot, but also introduces new procedural rules that aim to provide the judge with more control during the case and introduce more flexibility and options during an oral hearing. These rules already applied to the two district courts that were involved in the pilot, but as of 1 October 2019 they will apply to all Dutch district courts and courts of appeal. The new rules include the following:

  • The judge can order an oral hearing during any stage of the proceedings. The parties will always have the opportunity to further clarify their arguments during an oral hearing. Therefore the right for a plea (pleidooi) being a separate procedural action comes to an end;
  • During an oral hearing, the judge can discuss the course of the proceedings with the parties, and can order the parties to conduct additional procedural actions. This way judges will have more control, allowing for more customisation during a case.
  • Making a recording of a hearing, whether a visual or sound recording, will become possible.

It is not yet clear when other parts of previous - as yet unimplemented - KEI legislation will be introduced, such as the merger of summons and applications proceedings into one type of proceeding (procesinleiding), and the intended tighter deadlines for procedural steps.

Team

Related news

02.04.2020 NL law
Stibbe in Amsterdam answers questions from consumers, small business foundations and NGOs about the coronavirus

Inside Stibbe - In a special Q&A (in Dutch), lawyers from our Amsterdam office share their legal expertise and strive to provide answers to questions put to us by consumers, self-employed persons, enterprises large and small, foundations and NGOs as a result of the corona crisis.

Read more

25.03.2020 NL law
Key considerations for management and owners of Dutch privately held companies in distress due to COVID-19

Short Reads - The COVID-19 pandemic has a significant and immediate adverse effect on many companies in different industries. Many PE portfolio companies are particularly vulnerable given the typical high leverage finance structure and inherent need to maintain cash flow. To meet these challenges and mitigate liability risks, management and owners may need to take clear and immediate action (and refrain from certain other actions) in the interest of all stakeholders. The following sets out some key legal guidelines for management and owners when dealing with a Dutch subsidiary in distress.

Read more

27.03.2020 NL law
Certain legal aspects of the corona crisis for the Dutch construction and rental industry

Short Reads - Read in Dutch The spread of the coronavirus has developed into a severe crisis that is also affecting the construction and rental industry in the Netherlands. Catering operators and retailers are wondering (among other difficult questions) whether they can pause their rent payments while they have no or very little turnover.

Read more

24.03.2020 NL law
Job van Hooff and Daisy Nijkamp present webinar on The Dutch scheme (WHOA) – the upcoming new Dutch restructuring tool

Short Reads - Job van Hooff and Daisy Nijkamp, in collaboration with Lexology, will present a webinar on WHOA on 2 April 2020. During the webinar they will look at a new bill prepared by the Dutch legislature - the Act on the Confirmation of Private Restructuring Plans (Wet homologatie onder onderhand akkoord) - which introduces a framework that makes it possible for debtors to restructure their debts outside formal insolvency proceedings.

Read more

This website uses cookies. Some of these cookies are essential for the technical functioning of our website and you cannot disable these cookies if you want to read our website. We also use functional cookies to ensure the website functions properly and analytical cookies to personalise content and to analyse our traffic. You can either accept or refuse these functional and analytical cookies.

Privacy – en cookieverklaring