Preliminary Evidence Preservation Measure Explained for Delft

Preliminary Evidence Preservation Measure in Delft

The preliminary evidence preservation measure offers Delft residents a quick way to secure evidence before a lawsuit or when evidence risks being lost. This is essential in personal injury cases, such as cycling accidents in the busy Delft city center, where medical conditions evolve rapidly or witness statements fade. At the District Court of The Hague, you can apply for this to protect your rights by immediately securing evidence.

Why Use This Measure in Delft?

In injury cases, evidence is crucial for Delft residents. Imagine slipping on a slippery bike path along the Nieuwe Delft, getting injured, and your doctor predicting quick recovery, making it hard to prove damages later. Without action, your claim against the insurer weakens. The preliminary evidence preservation measure allows the judge to order immediate evidence fixation, such as a medical examination or witness hearing at the District Court of The Hague.

It is a practical, expedited procedure that strengthens your position in negotiations with insurers, ideal for local incidents.

Legal Basis

Regulated under Article 359 of the Code of Civil Procedure (CCP), the judge at the District Court of The Hague can order evidence gathering for an impending or ongoing claim. Options include:

• Hearing of witnesses or parties;
• Access to documents;
• Examination by experts;
• Seizure of goods.

In injury cases, this often links to Article 186 CCP for preliminary expert reports. The new CCP (fully in effect since January 1, 2024) makes procedures more efficient for regions like Delft.

Conditions for Success

The District Court of The Hague grants it if you demonstrate:

1. Urgency: Evidence is at risk of loss (e.g., recovery after an accident in Delft).
2. Concrete claim: A lawsuit is forthcoming.
3. Proportionality: No undue burden on the other party.

Local Example: Ms. De Vries slips in a supermarket on Voldersgracht in Delft and breaks her wrist. The store denies liability. She applies to the District Court of The Hague for a medical examination due to expected quick recovery. The judge approves: examination within two weeks.

Procedure in Steps at District Court of The Hague

This is how it works for Delft residents:

1. Summons: Quick notice to the other party (often hearing 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:

• Immediate evidence securing;
• Cost reimbursement upon success;
• Privacy protection (Art. 8 ECHR).

Obligations:

• Genuine intent to pursue the main case;
• Active participation;
• No improper use (Art. 194 CCP).

Comparison with Preliminary Expert Report

Difference between preliminary evidence preservation measure (Art. 359 CCP) and preliminary expert report (Art. 186 CCP):

More on the preliminary expert report.

Practical Examples for Delft

Example 1: Cycling accident on the Markt. Whiplash victim; insurer denies. Measure orders MRI before recovery.

Example 2: Accident at Delft Municipality worksite. Witness emigrating; judge orders statement.

Example 3: Defective product from Delft store; photos and seizure before disposal.

Frequently Asked Questions