After a judgment in first instance at the District Court of The Hague, under which Zoetermeer falls, an appeal may be lodged with the court of appeal. Against a judgment of the court of appeal, cassation may be sought with the Supreme Court. Both remedies have specific conditions and limitations.
Appeal
Appeal provides the opportunity to have a case fully reassessed by a higher court.
Characteristics of Appeal
| Aspect | Description |
|---|---|
| Instance | Court of Appeal (for Zoetermeer: Court of Appeal of The Hague) |
| Time Limit | 3 months after judgment |
| Counsel Required | Yes, representation is mandatory |
| New Facts | Yes, possible due to devolutory effect |
| New Evidence | Yes, may be adduced |
| Full Reassessment | Yes, both facts and legal aspects |
When to Lodge an Appeal?
- Dissatisfaction with the district court's judgment
- Discovery of new evidence or facts
- Incorrect legal interpretation by the judge
- Expectation of a more favorable outcome at the court of appeal
Limitations of Appeal
Appeal is not always possible:
- Cases with a value less than €1,750: no access to appeal
- Certain subdistrict cases: limited right of appeal
- Agreements between parties: appeal may be excluded
Appeal Procedure
The appeal process follows a fixed structure.
Step-by-Step Plan
- Writ of Appeal: file within 3 months after the judgment
- Statement of Appeal (Memorie van grieven): arguments against the previous judgment
- Statement in Response: response by the opposing party
- Optional: Cross-Appeal: counter-appeal by the other party
- Hearing: oral hearing at the court of appeal
- Optional: Proof: adduce additional evidence
- Judgment: final decision of the court of appeal
Cassation
Cassation is the ultimate remedy and focuses exclusively on legal issues.
Characteristics of Cassation
| Aspect | Description |
|---|---|
| Instance | Supreme Court of the Netherlands |
| Time Limit | 3 months after the judgment of the court of appeal |
| Counsel | Specialist cassation counsel required |
| New Facts | Not permitted |
| Review | Legal review only, no facts |
Grounds for Cassation
The Supreme Court will quash a judgment only on certain grounds:
- Breach of Law: incorrect interpretation or application of laws
- Procedural Errors: failure to comply with formal requirements
- Defects in Reasoning: unclear or insufficient substantiation
Costs of Remedies
Lodging an appeal or cassation involves high costs.
Cost Overview
| Phase | Court Fee | Counsel Fees |
|---|---|---|
| Appeal | €343 - €5,689 | €10,000 - €30,000 |
| Cassation | €882 - €7,049 | €15,000 - €50,000 |
Possible Outcomes
The higher court may take various decisions regarding the case.
Outcomes of Appeal
- Affirmation: the original judgment stands
- Quashing: the judgment is reversed, the court of appeal decides anew
- Partial Quashing: partly affirmed, partly quashed
Outcomes of Cassation
- Dismissal: judgment of the court of appeal remains in force
- Quashing with Remittal: case referred back to another court of appeal
- Quashing with Disposition: Supreme Court decides itself
Important Considerations
Using a remedy requires a well-considered decision.
Balancing Criteria
| Factor | Advantage | Disadvantage |
|---|---|---|
| Prospects of Success | Strong arguments for success | Low chance of a different outcome |
| Finances | If successful: costs possibly reimbursed | If unsuccessful: high own costs |
| Duration | End to uncertainty | Additional years of delay |
| Emotional Impact | Sense of justice | Stress from ongoing proceedings |
Practical Advice
- Have a lawyer assess the feasibility of appeal or cassation
- Be aware of the long duration and associated costs
- Consider a settlement as an alternative
- Engage an experienced cassation counsel for cassation
- Keep track of the 3-month time limit
Frequently Asked Questions about Remedies in Zoetermeer
Where can I get legal advice in Zoetermeer?
For legal advice, you can go to the Juridisch Loket Zoetermeer. They offer free assistance with legal questions and can refer you to a lawyer if necessary.