Provisional Evidence Measure Explained for Rotterdam Residents

Provisional Evidence Measure in Rotterdam

The provisional evidence measure offers Rotterdam residents a swift legal solution to secure evidence before proceedings begin or when evidence risks being lost. In personal injury cases, such as accidents in the busy port or on the highways around the Maasstad, medical injuries often change rapidly or witness statements fade. This measure protects your rights by securing evidence directly through the District Court of Rotterdam.

Why Apply for It in Personal Injury Cases in Rotterdam?

Evidence is crucial in injury claims in Rotterdam. Imagine: you're injured in a collision on the Erasmusbrug and your doctor predicts quick recovery, making it hard to prove the damage later. Without action, your claim weakens against the insurer. The provisional evidence measure allows the District Court of Rotterdam to order immediate preservation of evidence, such as a medical examination or witness hearing.

It's a practical, expedited procedure – not a full case, but a smart interim step that strengthens your position in negotiations with insurers.

Legal Basis

Governed by Article 359 of the Code of Civil Procedure (Rv), the District Court of Rotterdam may, on request, order the preservation of evidence for an imminent or ongoing claim. Options include:

• Hearing witnesses or parties;
• Inspecting documents;
• Preparing an expert report;
• Seizing goods.

In injury cases, this often ties to Article 186 Rv for provisional expert examination, but Article 359 Rv offers broader application. The new Code of Civil Procedure (fully effective since January 1, 2024) has made the procedure more efficient.

Conditions for Approval

The District Court of Rotterdam will only grant it if you demonstrate:

1. Urgent necessity: Evidence is at risk of loss (e.g., recovering injury after a fall in Rotterdam's city center).
2. Concrete claim: A serious legal claim on the horizon.
3. Proportionality: No undue burden on the other party.

Rotterdam Practice Example: Ms. De Vries slips in a supermarket on Kralingseweg and breaks her wrist. The store denies liability. She requests a medical examination from the District Court of Rotterdam due to rapid recovery. The judge approves: examination within two weeks.

Procedure at the District Court of Rotterdam

Step-by-step:

1. Summons procedure: Summons in summary proceedings style (often hearing within 24 hours).
2. Hearing: Parties argue their case, submit evidence.
3. Ruling: Decision within days, immediately enforceable.
4. Costs: Court fee around €85 (2024); attorney fees recoverable if successful.

Results often within 1-2 weeks – ideal for Rotterdam residents in urgent situations.

Rights and Obligations

Your rights:

• Immediate snapshot preservation of evidence;
• Cost reimbursement if granted;
• Privacy protection (Article 8 ECHR).

Obligations:

• Genuine intent to pursue the main case (risk of denial otherwise);
• Active participation in execution;
• No abuse of process (Article 194 Rv).

Comparison with Provisional Expert Report

Article 359 Rv (provisional evidence measure) versus Article 186 Rv (expert report):

More info: our article on the provisional expert report.

Examples from Rotterdam Injury Practice

Example 1: Crash on the A20. Whiplash victim; insurer denies. Measure orders MRI before recovery.

Example 2: Port accident. Witness emigrating; judge orders sworn hearing at District Court of Rotterdam.

Example 3: Defective product in Rotterdam warehouse; photos and seizure before destruction.

Frequently Asked Questions