Preliminary Evidence Measure Explained for Tilburg

Preliminary Evidence Measure in Tilburg

The preliminary evidence measure offers Tilburg residents a quick way to secure evidence before a lawsuit, especially useful in personal injury cases where medical conditions change or witnesses depart. You can apply for this at the District Court of Zeeland-West-Brabant in Breda to protect your rights by timely preserving evidence.

Why a Preliminary Evidence Measure in Tilburg?

In injury cases, evidence is essential for Tilburg residents. Imagine: you are injured in a traffic accident on the Tilburg Ring Road and your doctor reports rapid recovery, making it hard to prove damage later. Without action, your claim against the insurer weakens. This measure allows the judge to order immediate evidence collection, such as a medical examination or witness hearing at the District Court of Zeeland-West-Brabant.

It is a practical, expedited procedure that strengthens your position in negotiations with insurers, ideal for local Tilburg cases.

Legal Basis

Governed by Article 359 of the Code of Civil Procedure (Rv), the judge can order evidence collection for an impending or ongoing claim. Options include:

• Hearing witnesses or parties;
• Access to documents;
• Expert examination;
• Attachment of goods.

For injuries, it is often linked to Article 186 Rv for a preliminary expert report, but Article 359 is more flexible. Following amendments to the Code (fully effective January 1, 2024), the process is more efficient.

Conditions for Approval in Tilburg

The judge in Breda grants it only if:

1. Urgent interest: Evidence is at risk of being lost, such as recovering injuries after a fall on Heuvelstraat.
2. Claim: A clear claim forthcoming.
3. Proportional: No undue burden on the other party.

Practical Example: Ms. Jansen from Tilburg falls in a local supermarket on Doctor Deelenstraat and breaks her hip. The store denies liability. Via the Juridisch Loket Tilburg, she requests a medical examination; the judge in Breda approves, and the doctor examines within two weeks.

The Procedure Step by Step at District Court Breda

This is how it works for Tilburg residents:

1. Summons: Short summons for an expedited hearing (often within 24 hours).
2. Hearing: Parties are heard; evidence submitted.
3. Decision: Judge decides quickly; immediately enforceable.
4. Costs: Court fee around €85 (2024); attorney fees often reimbursed if successful. Start at Juridisch Loket Tilburg for free advice.

Result usually within 1-2 weeks.

Rights and Obligations

Your rights:

• Quick fixation of evidence;
• Cost reimbursement if granted;
• Privacy protection (Art. 8 ECHR).

Obligations:

• Serious plan for the main proceedings;
• Cooperate in execution;
• No abuse (Art. 194 Rv).

Comparison with Preliminary Expert Report

Difference between preliminary evidence measure (Art. 359 Rv) and preliminary expert report (Art. 186 Rv):

More on the preliminary expert report.

Practical Examples of Personal Injury in Tilburg

Example 1: Traffic accident on the A65 near Tilburg. Whiplash victim obtains an MRI via this measure before recovery.

Example 2: Workplace accident at a Tilburg company on Lovenslagweg. Witness leaves; judge orders sworn statement.

Example 3: Defective product bought at Tilburg store; attachment and photos before destruction.

Frequently Asked Questions for Tilburg