Preliminary Evidence Preservation Measure in Leiden Explained

Preliminary Evidence Preservation Measure in Leiden

The preliminary evidence preservation measure offers Leiden residents a quick way to secure evidence before proceedings at the District Court of Leiden, particularly when evidence risks disappearing. In personal injury cases, such as accidents in Leiden's bustling city center or along the canals, medical conditions often evolve rapidly or witness accounts fade. This measure effectively safeguards evidence and bolsters your claim against insurers.

Why Apply for a Preliminary Evidence Preservation Measure in Leiden?

Evidence is crucial in injury cases in Leiden. For instance, after a slip on an icy sidewalk along the Nieuwe Rijn, recovery can mask the severity of injuries. Without prompt action, your claim weakens. Through the preliminary evidence preservation measure, the District Court of Leiden can order immediate evidence gathering, such as a medical examination or witness hearing. It is an efficient, expedited procedure that strengthens your position against insurers.

Legal Basis

Governed by Article 359 of the Code of Civil Procedure (Rv), the judge at the District Court of Leiden may, upon request, order the collection of evidence for an impending or ongoing claim. Options include:

• Hearing witnesses or parties;
• Inspecting documents;
• Preparing an expert report;
• Seizing goods.

In personal injury cases, this often ties into Article 186 Rv for preliminary expert examination, but Article 359 Rv is more versatile. The new Code of Civil Procedure (fully effective since January 1, 2024) has streamlined the process.

Conditions for Approval at the District Court of Leiden

The District Court of Leiden grants approval only if you demonstrate:

1. Urgency: Evidence is at risk, such as rapid recovery after an accident.
2. Concrete claim: A clear legal claim on the horizon.
3. Proportionality: No undue burden on the opposing party.

Practical Example from Leiden: Ms. Jansen slips in a supermarket on Bargelaan and breaks her hip. The store denies liability. She requests a medical examination from the District Court of Leiden due to advancing recovery. The judge approves: examination within two weeks.

The Procedure Step by Step at the District Court of Leiden

The application proceeds as follows:

1. Summons: Expedited notice for summary proceedings (often a hearing within 24 hours).
2. Hearing: Parties argue their case and submit evidence to the District Court of Leiden.
3. Ruling: Decision within days, immediately enforceable.
4. Costs: Court fee around €85 (2024); attorney fees often reimbursed if successful.

Results within 1-2 weeks, ideal for Leiden residents.

Rights and Obligations

Your rights:

• Immediate evidence preservation;
• Cost reimbursement upon approval;
• Privacy protection (Article 8 ECHR).

Obligations:

• Serious intent to pursue the main proceedings;
• Cooperation in execution;
• No abuse (Article 194 Rv).

Contact Het Juridisch Loket Leiden for free initial advice.

Comparison with Preliminary Expert Report

The preliminary evidence preservation measure (Article 359 Rv) is broader than the preliminary expert report (Article 186 Rv):

More on the preliminary expert report.

Practical Examples of Personal Injury in Leiden

Example 1: Cycling accident on Breestraat. Whiplash victim claims MRI before recovery via District Court of Leiden.

Example 2: Workplace accident at a Leiden company. Witness traveling abroad; judge orders statement.

Example 3: Defective household product; seizure and photos before disposal.

Frequently Asked Questions for Leiden