APPELLATE PROCEEDINGS IN SUMMARY RELIEF PROCEEDINGS IN THE NETHERLANDS ANTILLES AND ARUBA
Basic overview of the procedure
The appellate procedure in summary relief actions is as follows. The party appellant first files a deed of appeal with the court (a strictly formal document), followed within three weeks by a statement of grievances (“memorie van grieven”), setting forth the objections of the party appellant against the judgement.
The court then serves these documents on the respondent. The respondent may then react by a statement of answer (“memorie van antwoord”), to be filed with the court within three weeks after receipt of the statement of grievances. (The respondent may file a statement of grievances himself as well, upon which the original party appellant may file a statement of answer.)
After the statement of answer is filed with the court, the court serves it on the party appellant, which again may take a few weeks. The court will then set a date for ‘pleadings’. Pleadings with the appellate court, however, consist of submission of pleading notes (containing further elaborations on the parties’ arguments) only, without an opportunity to react on the other party’s position.
Karel Frielink
Attorney (lawyer) / Partner
