Find an expert

Netherlands

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Netherlands

I. Lists and registers of experts

In the Netherlands there are two registers: one primarily for civil and administrative law (Landelijk Register van Gerechtelijke Deskundigen – LRGD) and one primarily for criminal law (Nederlands Register Gerechtelijk Deskundigen – NRGD). There is also the Stichting Advisering Bestuursrechtspraak voor Milieu en Ruimtelijke Ordening (StAB [Advisory Centre for Administrative Jurisdiction concerning the Environment and Spatial Planning] – an independent body working exclusively for the judiciary) and the Nederlandse Vereniging voor Medisch Specialistische Rapportage (NVMSR – Dutch Association for Medical Specialist Reporting). In addition, for criminal matters there is the Landelijke Deskundigheidsmakelaar (LDM – National Expertise Agency), which maintains a register of external experts in various fields who can be called on to assist in (police) investigations. Finally, there is the Register Deskundigen Onteigening en Bestuursrechtelijke Schadevergoeding (DOBS – Register of Experts in Expropriation and Compensation under Administrative Law).

Experts are listed in the registers by specialisation. The registers of experts are kept in different ways: the LRGD, DOBS and NVMSR are private entities, whereas the NRGD and the StAB are managed and financed by the Ministry of Justice and Security. The courts are not responsible for administering the registers nor for the quality of the experts listed on them. In the Netherlands the bodies that maintain the registers are kept strictly separate from the courts. The courts rely on the quality guarantees provided by those bodies. Judges are, however, involved in the admission and/or accreditation procedures for the LRGD and the NRGD.

Links:

The NRGD/LRGD, NVMSR and DOBS registers and the StAB website are accessible to the public. There are search tools available, although experts on the StAB register cannot be consulted by the parties to a case because they are appointed solely to advise the courts, and such consultation would create doubt with respect to their independence. However, the parties may request the court to consult the StAB. The Find an expert function can be used only to search for experts in the LRGD register. It is possible to filter by specialisation. Experts working at the StAB are also registered in the LRGD. Finally, the NRGD register can be consulted via the following link: Search the register.

Members of the NVMSR go through a training and examination process before qualifying as a judicial expert and being added to the register.

To be registered in the NRGD, experts have to go through an accreditation procedure which takes into account both the field of expertise in which they have to demonstrate their skill and also their role as an expert to the court and the skills required to be a good expert in proceedings. The LRGD builds on the certification of professional standards laid down by the professional bodies and (trade) associations of the profession itself, and on a training pathway on the role of an expert and a system for continuous training.

The StAB applies a very strict recruitment policy, conducts internal training and operates a system of continuous learning. Reports drawn up by StAB experts are subjected to mandatory peer review, and an external review committee periodically reviews the reports issued.

Experts do not have to swear an oath. Experts can be removed from the registers following formal complaints about failure to comply with the rules of conduct applicable to the various courts, which are broadly similar.

The registers are kept up-to-date by the administrative bodies responsible for maintaining them.

II. Experts’ qualifications

Inclusion as an expert on the LRGD register is conditional upon membership of a professional body,. which lays down professional standards and educational requirements. Experts seeking admission to the NRGD must also meet strict educational requirements. Its experts are often members of a professional organisation, but there are niche areas for which no professional organisations exist – so membership of a professional organisation is not mandatory. Ongoing continuous training is required for inclusion on the StAB, LRGD and NRGD registers. For example, the StAB allocates 15% of the time to this. Experts on the LRGD register must participate in continuous training activities for at least 6 hours a year. Professional bodies often accredit learning institutes, which have to prove that the training has actually taken place by placing lists of registrations on training establishments' websites. Such training serves a dual purpose: to hone court-related skills and to enhance expertise.

III. Remuneration of experts

In criminal and administrative procedures, experts are remunerated by the State. There is a fixed tariff system and experts are required to submit a cost estimate in advance (Decree on Fees in Criminal Matters 2003)). Things are arranged differently with the StAB: StAB experts are paid by the Ministry of Justice and Security. In civil cases, the parties pay for the expertise used.

IV. Liability of experts

Experts can be held liable in accordance with general contract law and the law of tort. Experts are not obliged either by law or by the appointed judge to take out liability insurance. However, they may be insured by the company for which they work. Self-employed experts decide on their insurance cover at their own discretion, although several professional bodies make liability insurance compulsory.

V. Additional information concerning expert proceedings

The main legal provisions applicable to judicial experts in the Netherlands are Article 194 of the Wetboek van Burgerlijke Rechtsvordering (Code of Civil Procedure) and Article 8:47 of the Algemene wet bestuursrecht (General Act on Administrative Law) (Awb), and also the Wet deskundige in strafzaken (Experts in Criminal Cases Act) (Article 51i of the Code of Criminal Procedure).

These laws form a framework: detailed guidance can be found in the Leidraad deskundigen in civiele zaken (Guidelines for experts in civil cases) and the Leidraad medisch deskundigen in bestuursrechtelijke zaken (Guidelines for medical experts in administrative cases).

There is an NRGD code of conduct – with a legal basis – for judicial experts in criminal matters, a code of conduct established for legal experts in civil and administrative matters by the Council for the Judiciary and also a code of conduct drawn up by the Central Appeals Tribunal for judicial experts. The StAB has its own code of conduct and the Council of State's Administrative Law Division has a code of conduct for experts. For most forms of expertise there are additional requirements as to the quality of the expertise or the qualifications of the experts.

The title of ‘deskundige’ (expert) is not protected.

1 Appointment of experts

Experts can be appointed by the court and by the parties involved. The appointment of experts in administrative proceedings is similar to that in civil proceedings, with the difference that, in administrative law, the costs are borne by the state, whereas in civil proceedings they are borne by the parties. In all cases the court-appointed expert has a duty to answer the questions asked by the court (possibly after consulting the parties). In proceedings before a criminal court, an expert can be appointed by the prosecutor or the judge during the investigation stage. For this purpose there is a register governed by law, as such experts have to meet stricter requirements than in civil and administrative proceedings. All court-appointed experts have a legal obligation to report any conflict of interest.

1.a Appointment by a court

A civil court has discretionary power to appoint an expert – either ex officio or at a litigant's explicit request – if the relevant facts cannot be established otherwise. In such a case the oral hearing is postponed to a date following submission of the expert’s report. The court has discretion in principle to appoint any person it considers suitable to act as an expert. However, almost all courts appoint an expert from the relevant register. The expert must notify the court of any conflict of interest. Court-appointed experts have access to the documents relating to the case. In civil matters, especially strict rules apply to external experts consulted by the appointed expert during the assignment. For example, the parties must know in advance which persons are being consulted and which questions are being put to them.

1.b Appointment by the parties

When parties appoint an expert, they usually do so at the start of legal proceedings, with a view to constructing their case. The court may use expert reports in order to rule on a case. At any time in the proceedings, a judge may appoint an expert at the parties' request. All must work in accordance with the rules and codes of conduct applicable to court-appointed experts.

Both parties may ask for a particular expert to be appointed. No special rules apply in such instances. A judge can order both parties to appoint a single expert, but that is not common practice.

2 Procedure

2.a Civil procedure

The court monitors the progress of the expert’s investigation only in terms of time management. There is no quality control on the expert's performance and no references are made to the expert in judgments. However, the StAB receives regular feedback from the courts regarding the expert's performance, even though it is seldom engaged in civil proceedings.

Parties can challenge the report by making statements or by providing a counter-report. The courts are not bound by the expert report but they usually accept the views of the expert they have appointed. Experts appointed by the parties tend to be less influential than court-appointed experts. There are no procedures whereby experts meet prior to trial or are cross-examined prior to trial in an effort to define the issues and for the court to understand any differences.

Experts are allowed to be in contact with the parties during the proceedings but only if necessary for fact-finding and in the presence of all the parties. Unless prevented from so doing by professional standards (e.g. in medical cases), the expert must hold meetings in the presence of all the parties in order to collect their comments.

1. Expert reports

The Netherlands has a model for drawing up expert reports. Experts are required to provide a preliminary report and the parties are entitled to comment on it. The expert must address the parties’ arguments in both the preliminary report and the final report. The report is not subject to any other specific requirements. If ordered by the court, the expert is required to produce an additional report – for instance, if there are additional questions. The report is usually submitted in writing but may also be presented orally at a court hearing.

2. Court hearing

Only in exceptional cases is the expert ordered to attend the hearing. This may be requested by the parties or ordered by the court. Cross-examination is not usual.

2.b Miscellaneous

The differences between civil and other procedures are not significant.

 

The information presented here was obtained in the context of the ‘Find an Expert’ project from national contact points selected by the European Expertise & Experts Institute EEEI.

Last update: 16/10/2024

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