439 Introduction

In civil cases in the Netherlands, (potential) parties can use the instrument of the voorlopig getuigenverhoor.1 A voorlopig getuigenverhoor offers (potential) parties the opportunity to have witnesses examined by the court before the moment of producing evidence in the principal action. Below, the purpose of the voorlopig getuigenverhoor will be dealt with first whereby attention will also be devoted to the historical and comparative law perspective. The procedural side of the voorlopig getuigenverhoor will be dealt briefly thereafter, because an application for a voorlopig getuigenverhoor that complies with the legal requirements will in principle be granted by the court. An application that complies with the legal requirements can be rejected by the court on the basis of four grounds: insufficient interest, abuse of authority, being contrary to the principles of due process and another, compelling objection. These grounds for rejection are discussed in the last section of this summary.