6 November 2025
Since 2013, the Court of Appeal in The Hague has offered the second opinion procedure in appeal cases. This procedure aims to provide parties with a faster and less expensive reassessment of their case, as an alternative to the regular appeal procedure. This article discusses the legal basis, process, and the (dis)advantages of the procedure.
The second opinion procedure is not laid down in law. It was introduced through internal court regulations of the Court of Appeal in The Hague and is based on a procedural agreement between the parties. By opting for this route, parties deviate from the statutory appeal system, in particular from the grounds of appeal system (in Dutch: grievenstelsel), which requires the appellant to submit sufficiently specific grounds of appeal against the contested judgment.
A second opinion procedure is only possible in summons proceedings (dagvaardingsprocedures) and only at the joint request of both parties. Each party must complete and sign a second opinion form. The form states that only a single, standardised and unsubstantiated “catch-all ground of appeal” (bezemgrief) will be submitted, by which the entire dispute is referred to the court of appeal. No further explanation or substantiation of the ground is permitted.
The form is treated as both the statement of claim on appeal (by the appellant) and the statement of defence (by the respondent). The court must approve the request to proceed under this procedure.
Parties can request a second opinion procedure either in the appeal summons or during the hearing after filing (mondelinge behandeling na aanbrengen, or MbnA). The latter is most common. The court often informs parties about the possibility of this procedure in its interim judgment. During the MbnA, the request can be discussed, and the completed form submitted jointly.
The court will then assess whether the case is suitable. A case is not suitable in the following circumstances:
If the court approves the request, it will generally issue a judgment within six weeks of its decision. If the request is denied, the case will continue under the regular appeal procedure.
If the request is granted, the reassessment will take place solely on the basis of the case file from the first instance, without any further exchange of documents, additional evidence, party debate, or clarifications. Parties waive their right to amend or supplement their claims or defences, meaning no new arguments or facts may be introduced.
This procedure is therefore not suitable for complex or extensive cases, cases involving interlocutory judgments, witness hearings, expert reports, or those requiring further fact-finding.
The assessment is ex tunc, meaning the court only considers the facts and circumstances as they existed at the time of the first-instance judgment. Later developments are disregarded.
The second opinion procedure has both advantages and disadvantages.
Advantages include:
Disadvantages include:
The second opinion procedure is particularly suitable when everything has already been presented in the first instance. If both parties have submitted all possible evidence and fully set out their arguments, but one party disagrees with the outcome and has appealed, they may jointly opt for a second opinion procedure. This allows them to avoid the costs and length of the regular appeal process.
The second opinion procedure offers parties in appeal a faster and more cost-effective way to have their case reassessed. However, parties must be aware that they waive key rights, such as the right to supplement or amend their arguments on appeal. As a result, the procedure is only suitable for straightforward cases in which the first-instance file is complete.
Lawyers should carefully advise their clients about the advantages and risks of this procedure and assess whether the case is appropriate for a second opinion.
Would you like to know more about the possibilities of a second opinion procedure on appeal? Please feel free to contact us.
