Court issues new process regulations for civil cases

PHILIPSBURG--As per today, Wednesday, August 1, the Joint Court of Justice has implemented new process regulations (procesreglement) for civil cases in summary proceedings and appeal hearings.

The new regulations were approved by the Joint Court’s Board on June 21, the Court said Tuesday in a press release.

Several adaptations have been made to the former regulations, which were implemented in 2016. Also, stipulations have been added pertaining to authorized representatives, foreign lawyers, summary proceedings and appeal hearings. The new regulations may be found on the Joint Court’s website www.gemhofvanjustitie.org.

The regulations were first introduced in 2005, coinciding with the implementation of the new Code for Civil Procedure for the then Netherlands Antilles and Aruba.

The different regulations that applied to Aruba and to the various islands of the former Netherlands Antilles for some time, had to be adapted to the new legislation. Uniformity was desired as not only judges, but also lawyers regularly perform activities in another Court than their “own” country or island, and it could no longer be defended that they were confronted with different rules within one jurisdiction.

The 2005 regulations included specifications on the duration of civil proceedings within acceptable limits, without depriving parties or their representatives of the opportunity to take more time, where necessary, for example for amicable consultation or when it concerns a client who lives abroad or is established in another country.

Ten years of experience with the process regulations revealed some ambiguities and gaps, which required some adjustments. Furthermore, some modernizations were deemed desirable.

The 2016 regulations were adapted after consultations between the judicial working group that made the adjustments and the other judges, and with clerks, bailiffs and legal professionals. An Internet consultation was also held.

The Daily Herald

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