Digital litigation, also in appeal and cassation cases

The possibilities for digital litigation will be expanded. A simple, digital procedure will now also be introduced for appeal and cassation in civil cases. This facilitates access to the courts. This is evident from a legislative proposal from Minister Opstelten (Security and Justice) which was submitted to the House of Representatives today. This measure is part of the Quality and Innovation (Kwaliteit en Innovatie, KEI) Judiciary programme.

A legislative proposal was submitted to the House of Representatives in October last year, with a similar arrangement for cases in first instance. The digital appeal proceedings will soon be starting with an introductory document, the so-called process introduction, in which the claims and requests can be included. Apart from the process introduction, documents and messages can also be exchanged digitally during the proceedings. In addition, the court can exert more control over the case and offer tailor-made solutions, e.g. during a hearing.

Parties receive clear periods within which to submit the grounds for the appeal and the statement of defence. This reduces the lead times and ensures a more predictable judicial process. The Court of Appeal is also assigned a period of ten weeks in which it must pass judgement following the hearing of the case or after the parties' last act of procedure.

The changes affecting the proceedings in cassation are limited. This mainly involves the electronic submission of the notice of appeal in cassation and the digital exchange of documents. As with appeal cases, the proceedings start with the submission of a uniform process introduction.