PRE-TRIAL MOTIONS IN ARUBA

Differences with the United States

Civil proceedings in Aruba differ substantially from those in the United States. In Aruba there are, for instance, no juries. In principle, legal proceedings are basically conducted in writing. Oral pleadings are customary in preliminary relief proceedings, but optional in proceedings on the merits. Discovery proceedings like those in the United States do not exist. Pre-trial motions similar to those in the United States do not exist in Aruba either. There are, however, so-called incidents or ancillary proceedings in Aruba.

An ancillary proceeding may be a separate procedural step or an ancillary step within the …
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22
May 2010
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Legal

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PRE-TRIAL MOTIONS IN THE DUTCH CARIBBEAN

Differences with the United States

Netherlands Antilles civil proceedings differ substantially from those in the United States. In the Dutch Caribbean there are, for instance, no juries. In principle, legal proceedings are basically conducted in writing. Oral pleadings are customary in preliminary relief proceedings, but optional in proceedings on the merits. Discovery proceedings like those in the United States do not exist. Pre-trial motions similar to those in the United States do not exist in the Netherlands Antilles either. There are, however, so-called incidents or ancillary proceedings in the Dutch Caribbean.

An ancillary proceeding may be a separate procedural step …
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10
Jan 2009
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Legal

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THREE QUESTIONS ABOUT DUTCH CARIBBEAN CIVIL PROCEEDINGS

FAQ

Question 1

Are there any particular issues that concern foreign plaintiffs in the Netherlands Antilles?

If proceedings on the merits are initiated by a non-resident plaintiff, the defendant may ask the court to order that the plaintiff provide security for damages, costs and interest which it might be liable to pay as a result of the judgment in aforementioned proceedings. This “cautio judicatum solvi” does not apply if there is a Convention (Treaty) on legal proceedings between the Netherlands Antilles and the plaintiff’s country.

Question2

Can attorney costs for legal proceedings be recovered?

Generally speaking, each party has to …
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20
Dec 2008
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Legal

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