NCJ Number
201022
Date Published
2002
Length
108 pages
Annotation
This report evaluates the 1999 measure of moving commercial civil disputes valued between 5,000 and 10,000 Dutch guilders to subdistrict courts.
Abstract
Commercial civil disputes were formally handled by district courts, however, in 1999 civil disputes with a value up to 10,000 Dutch guilders were moved to subdistrict courts for the purpose of reducing legal aid. Subdistrict courts allow the defendant to choose cheaper legal aid, by allowing defendants to either represent themselves or choose representation from an attorney-at-law, a bailiff, or anyone educated in the law. The evaluation involved a comparative study of cases handled by district courts (settled in 1996) and cases handled by subdistrict courts (settled in 2000). Findings revealed that the defense choices of defendants in subdistrict courts resulted in lower legal costs. Furthermore, subdistrict courts were found to process their cases more quickly and efficiently than district courts, perhaps as a result of the standardization of cases that is undertaken in subdistrict courts. The study also found that most plaintiffs in subdistrict courts had legal representation while most of the defendants did not. This last finding is an area for future research.