WITNESSES IN THE NETHERLANDS ANTILLES
Preliminary hearing of witnesses
Although witnesses are most commonly heard during legal proceedings, they may be heard before. The preliminary hearing of witnesses is a special procedure created to avoid unnecessary proceedings or proceedings based on a mistaken legal assumption or mistaken identity. A request to examine witnesses prior to the proceedings is made to the court of the place where a majority of the witnesses are domiciled, or to the court that would be competent to hear the case if proceedings were initiated.
Witnesses may also be heard during the proceedings, but prior to the time that witnesses would normally be examined. The competent court is the court where the proceedings are pending. In both cases, the request to the court must set forth the nature and amount of the claim, the facts sought to be proven, the names and domiciles of the witnesses, and the name and domicile of the opposing party. If the identity of the opposing party is not yet known, this should be explained. The court hears the opposing party, if identified, with respect to the request. If the court allows the request it orders, among other things, a time and place for the hearing. There is no appeal from a decision to allowing the request.
Karel Frielink
Attorney (lawyer) / Partner
