Hoofdprocedure

Hoofdprocedure is a term used in Dutch civil procedure to refer to the main, substantive phase of a civil action. It denotes the central part of the litigation in which the court decides on the merits of the dispute between the parties. The hoofdprocedure typically begins after the summons and the filing of the claim and proceeds through the exchange of pleadings, the production of evidence, and any hearings. During this main phase, parties present their arguments, submit documents, call witnesses or experts, and the court assesses the evidence and legal arguments to issue a final judgment on the claims.

The hoofdprocedure is distinct from provisional or interim procedures, such as kort geding or provisional measures, which aim to secure urgent relief while the main procedure is ongoing. Depending on the jurisdiction and the case, the hoofdprocedure may be conducted as a full trial or through simplified procedures, particularly in small claims or streamlined processes. The outcome of the hoofdprocedure can be subject to appeal to a higher court, in accordance with procedural rules.

In Dutch legal practice, the term helps to clarify the stage of proceedings at which the court addresses the substantive rights and obligations of the parties, as opposed to procedural or interlocutory actions. The concept is anchored in the Dutch Civil Code and the Wetboek van Burgerlijke Rechtsvordering, and it appears in legal literature discussing procedural stages. In English-language contexts, it is often described as the main action or principal action in a civil proceeding.