Chapter

The Influences of the CPR on Civil Procedure and Evidence Reform in the Netherlands

Daan Asser

in The Civil Procedure Rules Ten Years On

Published in print December 2009 | ISBN: 9780199576883
Published online March 2012 | e-ISBN: 9780191702228 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199576883.003.0020
The Influences of the CPR on Civil Procedure and Evidence Reform in the Netherlands

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Although the Civil Procedure Rules (CPR) have not notably influenced the development of Dutch civil procedural law during the past decade prior to this book's publication, they have played a role in the discussion about the fundamentals of civil procedure that has taken place in the Netherlands country since 2002, the year in which its Code of Civil Procedure underwent a substantial update. This chapter discusses the influences of CPR on civil procedure and evidence reform in the Netherlands, such as the overriding objective of procedural justice, the duty of the parties to help the court to further that objective, case management by the court to the same end, the idea of ‘cards on the table’, expediency and proportionality, the responsibility of the parties to cooperate and aim at a settlement, and alternative ways of dispute resolution.

Keywords: Civil Procedure Rules; CPR; Dutch civil procedural law; Netherlands; Code of Civil Procedure; case management; dispute resolution

Chapter.  7919 words. 

Subjects: Constitutional and Administrative Law

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