Statement of Defence and Counterclaim

In Agreement with the Summons

If the defendant agrees with the summons, they may contact the lawyer of the claimant. If the parties reach agreement before the hearing, the claimant may terminate the proceedings.

In Disagreement with the Summons

After the first court calendar date, if both parties have reported to the court, the court will determine the period within which the defendant has to submit a statement of defence (written defence against the summons). Usually, the defendant is given six weeks to formulate this defence. This period may be extended with the consent of the other party. The lawyer of the defendant then has to send the court a written document in which formal, factual and legal arguments have been included to dispute the claimant’s claim.

In addition to submitting a defence, the defendant can also bring a counterclaim in the statement of defence. This is called the counterclaim. The original claim of the claimant is called the statement of claim. Both claims are dealt with in the same proceedings, with the court assessing both the statement of claim and the counterclaim.

Exhibits

The lawyer of the defendant may add exhibits supporting the story to the statement of defence. Witnesses may also be asked to write down their story (written witness statement).

Examination of witnesses and expert examination

In addition to submitting documentary evidence, the parties can also furnish evidence by means of examinations of witnesses or expert examination. The court may schedule extra hearings for this purpose. Witnesses who are summoned officially are required by law to make a statement. Parties may also act as witnesses themselves, at a request from the other party or on their own initiative.

In some cases, however, a witness may rely on the right to refuse to give evidence, as a result of which they are not obliged to testify and permitted to keep silent. This right only applies for specific witnesses. See the page about the right to refuse to give evidence for more information.

It is also possible to conduct a preliminary witness examination before the start of the proceedings. This helps to make a better estimate of whether a court case will have a chance of success, or prevent important evidence from being lost. See the page preliminary witness examination for more information.

Experts may be engaged at the request of the parties or by the court itself. This may take place in the form of an examination during an oral hearing, or by means of a written report.

Legal Opinion

In addition to furnishing evidence by means of documents, witnesses or experts, a legal opinion may also serve as evidence. A legal opinion is a written determination of the legal situation by a lawyer, such as in the case of international trade or international legal proceedings. More information about legal opinions can be found on the page concerned.