PRESENTING FACTS IN DUTCH CARIBBEAN COURT PROCEEDINGS

Facts must be presented fully and truthfully

Legal proceedings are initiated by a petition filed with the Courts. A petition is a document stating, among other things, the names and addresses of the parties, the nature of the dispute (including the relevant facts of the case), the competent court, and the demand for relief.

The significance of the petition should not be underestimated. Filing a petition with the court stops the statute of limitations running for that case. A petition should clearly state the facts and specify the relief sought, in order to enable the court to render a default judgment.

Article 18c of the Code of Civil Procedure of Aruba, Curacao, St. Maarten and the BES Islands (‘CCP’), obliges parties in legal proceedings to adduce the facts that are important for deciding the case, fully, truthfully, and as early as possible. If this obligation is not observed, the Court may draw its own conclusions. Not fulfilling this provision could result in the plaintiff’s claim being rejected or declared inadmissible, or in the court disallowing one of the parties to further elaborate on certain positions taken.

Karel Frielink
Attorney (Lawyer) / Partner

(3 November 2010)

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