446 Insufficient interest: the principal action is already at an advanced stage

Secondly, evidence of witnesses cannot be used for the purpose of the principal action if the principal action is already at an advanced stage. There is insufficient interest in holding a voorlopig getuigenverhoor if the final procedural act is performed almost simultaneously with the rendering of a decision on the application for holding a voorlopig getuigenverhoor. That would mean that the voorlopig getuigenverhoor would be completed so late that there would be insufficient time left to be able to use the voorlopig getuigenverhoor in the principal action. A sufficient interest that was lost at any time during the principal action may be regained (par. 7.5.3).