Seizure of Evidence
Tags: aansprakelijk, beslag, bewijs, bewijsbeslag, evidence, ie, intellectual property, intellectueel eigendom, kort geding, legal action, rechtvordering, responsibility, risico, risks, rv, seizure, seizure of evidence, summary proceedings, voorzieningenrechter.
Legal attachment, a so-called seizure, of evidence can be placed on evidence to prevent it from being lost. In normal civil law proceedings, evidence can be attached on the grounds of Article 843a DCCP. In intellectual property cases, a seizure can be made on the grounds of articles 1019a-1019d Rv.
Procedure
Seizure of evidence must be requested from the preliminary relief judge. A petition must describe the evidence that the party wants to seize. This must be clearly and precisely defined. Afterwards, the preliminary relief judge will weigh up the interests of the parties involved and decide whether a seizure of evidence is permitted or not.
Risks
The risk of seizing evidence is that it may prove that the evidence has subsequently been wrongly established. In principle, the party that has demanded the seizure of evidence is liable for this.
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