Received a subpoena? Five points of attention
Have you received a subpoena from the bailiff and are you wondering what to pay attention to when studying the subpoena?
In this article, we will give you five tips for studying a summons.
You can infer a lot from a summons, such as by what date you must respond to the summons, what happens if you don’t respond, and whether or not you are required to be assisted by a lawyer.
1. Parties in the subpoena
A writ of summons first of all states on behalf of which party (plaintiff) the bailiff has issued the writ of summons to you. From the summons, you can therefore deduce by whom the proceedings against you have been initiated. If that party is assisted by a lawyer/authorized representative, this will also be mentioned in the summons.
We advise you to always check carefully whether you are the right party being summoned by the plaintiff. For example, it is possible that you are director of several companies, but that the other party has subpoenaed the wrong company from you.
2. Roll date and appearance in court
Furthermore, the subpoena will also include by what date and before what court you must appear. Below is an example of such a passage:
“to appear, in person or represented by an agent, at the public hearing of the District Court of Rotterdam, Subdistrict Section, location Rotterdam, on Wednesday the twenty-eighth of August, at 10:00 a.m., sitting there at Wilhelminaplein 100-125 in Rotterdam”
The date, as mentioned in the summons (in the example 28 August 2022), is also called ‘the court date’. By this date, you must respond to the summons, barring any postponement. In subdistrict litigation, you may defend yourself orally before the court on the date and time stated, but it is also possible to submit a written defense (called a ‘statement of claim’) to the court by this date.
In the case of a commercial case, your lawyer will have to file a statement of defence. In most cases, you will also be able to request a postponement of the delivery of the Opinion.
Please note: does it concern a summary proceedings subpoena? Then the date mentioned in the summons is the date on which you must appear in court.
3. Assistance from a lawyer
In the same passage in the summons, you can also read whether or not you are required to be assisted by a lawyer. For example, in commercial and civil appeal cases you are required to be assisted by a lawyer. In subdistrict cases, on the other hand, you may litigate in person or be assisted by an attorney. Of course, it is often advisable to be assisted by a lawyer.
4. Notice
The summons will also contain a ‘notice’. This will state, among other things, whether and how you can respond to the summons (see also paragraph 2. Roll date and appearance in court). It will also state whether a court fee will be charged if you appear in court. It will also explain what will happen if you do not appear in court. Finally, the notice will state whether or not you are required to be assisted by a lawyer (see also paragraph 3. Assistance by a lawyer).
5. The petitum (the conclusion of the summons)
Finally, it is important to carefully study the conclusion of the summons. This is also referred to as the ‘petitum’. The petitum of the summons states what the plaintiff claims from you. An example of a petitum reads as follows:
“IT IS HEREBY ORDERED THAT: your court may order the defendant to pay a principal sum of € 10,000.00 by way of a judgment, executable in law.”
Need legal advice with a summons?
Have you received a subpoena and do you want advice about it or do you want to subpoena a party yourself? Do not hesitate to contact us. Gentia Niesert, attorney at law, will be happy to help you.
