When a legal dispute cannot be resolved by mutual agreement, it may be necessary to take legal action.
When a legal dispute cannot be resolved by mutual agreement, it may be necessary to take legal action.
When a legal dispute cannot be resolved by mutual agreement, it may be necessary to take legal action. First-instance court proceedings are often the first step to assert your rights. At Guldemond Advocaten, we will guide you through this process and ensure that your best interests are represented, regardless of whether you are acting as plaintiff or defendant.
In legal proceedings, there are usually two parties: the plaintiff, who starts the proceedings because he has a claim, and the defendant, against whom the claim is directed. This distinction is very important as it affects the rights, duties and strategies during the proceedings.
Als eiser bent u van mening dat uw rechten zijn geschonden en wilt u via de rechter een oplossing afdwingen. We help you carefully formulate your claim, gather evidence and strategically draft litigation documents to make your case as strong as possible.
As a defendant, you have been subpoenaed and must defend against the plaintiff’s claim. We support you in drafting a thorough defence, raising counterarguments and challenging the evidence put forward by the plaintiff. In our experience, a proactive and thorough approach is essential to protect your interests.
Legal proceedings can begin in two ways: via a summons or via a petition. Most civil disputes involve a summons procedure. Choosing the right form of litigation is crucial as it determines the course of the proceedings and the options available to you. We advise you on the best approach, tailored to your specific situation.
As the plaintiff, we draft the summons together with you. This document forms the basis of the proceedings and contains your claim and its substantiation. It is essential that the summons is drafted fully and carefully, with a clear description of the facts, the legal framework and what is claimed. After the bailiff issues the summons, the defendant has a statutory time limit to respond.
As a defendant, you will receive the summons and it is important to act quickly. We thoroughly analyse the summons, identify any weaknesses and work with you to draft a strong defence. This defence, the statement of reply, contains your response to the plaintiff’s claims and arguments.
After the initial written submissions, the court may decide to order an oral hearing, known as a meeting in chambers. During this hearing, both parties have the opportunity to explain their positions and the judge can ask questions to better understand the case. It also often explores whether an amicable settlement is among the possibilities.
We carefully prepare you for this hearing so that you know what to expect and what points are important to raise. Good preparation is essential to present your case convincingly and convince the judge of your rightness.
In legal proceedings, evidence plays a crucial role. The main rule is that whoever asserts something must also prove it. As a plaintiff, it is therefore important to support your claims with compelling evidence, such as contracts, correspondence or witness statements. We help you gather and present this evidence in a structured and compelling way.
As a defendant, you can dispute the plaintiff’s evidence and provide your own rebuttal evidence. Here, too, we assist you, by raising counterarguments, presenting our own evidence and pointing out any legal flaws in the plaintiff’s claim.
If necessary, witnesses may be heard or an expert may be appointed to assess certain aspects of the case. We guide you through these processes and ensure that your best interests are represented.
First-instance proceedings can vary in duration, depending on the complexity of the case and the court’s workload. On average, proceedings take between six and 18 months. It is important to take into account both the time and cost of proceedings.
Costs consist of court fees (the contribution to the court), lawyer’s fees and any additional costs, such as for a bailiff or an expert. At the end of the proceedings, the judge decides who should pay the legal costs. Often, the losing party is ordered to pay the litigation costs, but it is good to realise that this reimbursement usually does not cover all actual costs.
At any point during the proceedings, it is possible to reach a settlement. A settlement can save time, costs and uncertainty. We will advise you on the pros and cons of settlement and guide you through any negotiations. Our aim is always to find the solution that best suits your interests, whether through a court ruling or an amicable settlement.
Whether you are acting as plaintiff or defendant, we will assist you with expert advice and personal guidance. We provide:
Are you considering litigation or have you been subpoenaed? If so, please contact Guldemond Advocaten.
