Preliminary Evidence Measure Explained for Rijswijk

Preliminary Evidence Measure in Rijswijk

As a resident of Rijswijk, you can use the preliminary evidence measure to secure critical evidence before a lawsuit begins or if evidence is at risk of being lost. This tool is essential for personal injury cases in our municipality, where injuries from accidents on busy roads like Godfried Bomanslaan can evolve rapidly or witness statements may fade. It protects your rights by immediately securing or recording evidence at the Rijswijk District Court.

Why Use a Preliminary Evidence Measure in Rijswijk?

In personal injury claims in Rijswijk, timely evidence is key. Imagine you're injured in a cycling accident on Van Vlietlaan and your doctor notes a quick recovery, making it harder to prove damages later. Without action, your claim loses strength against the insurer. Through the preliminary evidence measure, the Rijswijk District Court can order immediate evidence gathering, such as a medical examination or witness hearing.

This measure is efficient and practical: no lengthy procedure, but a quick step that strengthens your position in negotiations with regional insurers.

Legal Basis

The preliminary evidence measure is governed by Article 359 of the Code of Civil Procedure (Rv). A judge at the Rijswijk District Court can, upon request, order the taking of evidence for an impending or ongoing claim. Examples include:

• Hearing witnesses or parties;
• Access to documents;
• Expert investigations;
• Attachment of goods.

In personal injury cases in Rijswijk, this is often linked to Article 186 Rv for preliminary expert reports, but Article 359 Rv offers greater flexibility. Thanks to the modernization of the Rv (from 2011, fully effective since January 1, 2024), proceedings at the Rijswijk District Court are even more streamlined.

Conditions for Approval at Rijswijk District Court

The Rijswijk District Court does not grant requests automatically. You must demonstrate:

1. Urgent interest: Risk of evidence loss (e.g., recovering injury after a fall in Rijswijk).
2. Concrete claim: A clear legal claim forthcoming.
3. Proportionality: No undue burden on the other party.

Local example: Ms. De Vries from Rijswijk slips in a supermarket on Steenweg op Voorburg and breaks her wrist. The store denies liability. She requests a medical examination from the Rijswijk District Court due to rapid recovery. The judge orders an investigation within two weeks.

Step-by-Step Procedure at Rijswijk District Court

Here's how to apply in Rijswijk:

1. Short summons: Serve the other party in summary proceedings style (often a hearing within 24 hours).
2. Hearing: Parties argue their case; submit evidence.
3. Ruling: Decision within days, immediately enforceable.
4. Costs: Court fee around €85 (2024); attorney fees recoverable if successful.

Results often within 1-2 weeks at the Rijswijk District Court.

Rights and Obligations

Your rights:

• Swift preservation of evidence;
• Cost reimbursement if successful;
• Privacy protection (Article 8 ECHR).

Obligations:

• Genuine intent to pursue the main proceedings;
• Active participation in execution;
• No improper use (Article 194 Rv).

Comparison with Preliminary Expert Report

The preliminary evidence measure (Article 359 Rv) differs from the preliminary expert report (Article 186 Rv). Overview:

More info in our article on the preliminary expert report.

Practical Examples for Personal Injury in Rijswijk

Example 1: Car accident on Laan van Hoornweg. Victim with neck complaints; insurer denies. Measure orders MRI before recovery.

Example 2: Workplace accident in Rijswijk. Witness emigrating; judge orders sworn statement.

Example 3: Defective product bought at Rijswijk store; attachment and photos before disposal.

Frequently Asked Questions for Rijswijk