Preliminary Evidence Measure Explained for Zoetermeer

Preliminary Evidence Measure in Zoetermeer

The preliminary evidence measure offers residents of Zoetermeer a quick way to secure evidence before court proceedings at the Zoetermeer District Court, especially when evidence is at risk of being lost. This is ideal for personal injury claims following accidents in the city, such as on the busy Rokkeveenseweg, where medical conditions can change rapidly or witness statements fade. This way, you protect your rights by preserving evidence promptly.

Why Use This Measure in Zoetermeer?

In personal injury claims, evidence is crucial. Imagine you're injured in a cycling accident near Zoetermeer Stadion and your doctor reports a quick recovery, making it hard to prove damages later. Without action, your claim loses strength against the insurer. Through the preliminary evidence measure, the Zoetermeer District Court can order the immediate collection of evidence, such as a medical report or witness examination.

It's a practical, expedited procedure—not a full trial—that strengthens your position in negotiations with regional insurers.

Legal Basis

Governed by Article 359 of the Code of Civil Procedure (Rv), the judge at the Zoetermeer District Court may, upon request, order the taking of evidence for an impending or ongoing claim. This includes:

• Examining witnesses or parties;
• Inspecting documents;
• Expert examination;
• Attachment of goods.

For personal injury, this often ties into Article 186 Rv for preliminary expert reports, but Article 359 Rv is broader. The new Code of Civil Procedure (phased in since 2011, fully effective January 1, 2024) makes the process more efficient.

Conditions for Approval

The judge will grant it if you demonstrate:

1. Urgency: Evidence at risk (e.g., injury recovery).
2. Concrete claim: A clear case forthcoming.
3. Proportionality: No undue burden on the other party.

Local example: Ms. De Vries slips in a supermarket on Voorweg in Zoetermeer and breaks her wrist. The store denies liability. She requests a medical examination from the Zoetermeer District Court; the judge approves, and the assessment follows within two weeks.

Procedure in Steps at the Zoetermeer District Court

Here's how it works:

1. Short summons: Expedited notice for summary proceedings (often a hearing within 24 hours).
2. Hearing: Parties argue their case and present evidence.
3. Ruling: Decision issued promptly, enforceable immediately.
4. Costs: Court fee €85 (2024); attorney fees recoverable upon success.

Results typically within 1-2 weeks.

Rights and Obligations

Rights:

• Expedited evidence preservation;
• Cost reimbursement if successful;
• Privacy protection (Art. 8 ECHR).

Obligations:

• Genuine intent to pursue the main case;
• Cooperate in execution;
• No abuse of process (Art. 194 Rv).

Comparison with Preliminary Expert Report

The preliminary evidence measure (Art. 359 Rv) versus the preliminary expert report (Art. 186 Rv):

More on the preliminary expert report.

Local Practice Examples for Personal Injury in Zoetermeer

Example 1: Crash on the A12 at Zoetermeer junction. Whiplash victim: measure orders MRI before recovery.

Example 2: Fall at construction site for a Municipality of Zoetermeer project. Witness leaving: court orders statement.

Example 3: Defective product from local store: photos and attachment before disposal.

Frequently Asked Questions for Zoetermeer