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Abolition of local counsel rule postponed until 1 September 2008
The Ministry of Justice had intended to abolish the local counsel rule in civil law cases brought before a district court or court of appeal on 1 March 2008. Justice State Secretary Nebahat Albayrak has decided to postpone the effective date of the act until 1 September 2008, however.
A lawyer (advocaat) who wishes to litigate in civil cases before a district court or court of appeal outside his own jurisdiction is now required to call in a colleague in the relevant district (local counsel or procureur).
After the local counsel rule is abolished, lawyers may address the courts directly in all civil cases.
The aim is for most of the lawyer’s contact with the court to be in digital form. The courts of appeal will only be ready to transfer to the new digital system in September 2008, however.
The Ministry has therefore decided to postpone the effective date of the new act for six months.
For more information, please contact Robert Hendrikse, Litigation and Insurance Practice Group.
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