Must I attend court as a witness and what are my rights?
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Detailed explanation, checklist and sources
First check who summoned you and the type of proceedings. A court summons differs from a police interview or an invitation as a family-case informant. Report inability to attend and request an interpreter or protection early; do not stay away merely because you believe you may refuse answers.
On this page
1. Your situation
Keep the summons, date, place, case number and sender. Criminal: a summons from an investigating judge, prosecutor or appeal court generally requires attendance; a formal summons is mandatory. A police invitation alone does not require testimony. Civil: the court or a party with judicial approval may summon you; attendance is generally compulsory. Administrative: a court summons requires attendance and testimony, a party invitation does not. The judge may omit irrelevant testimony. If you are also a civil litigant, have the different party-witness rules checked.
2. Conditions
Your employer must enable compulsory attendance. Report illness or other impediment to the sender beforehand and seek confirmation; this is not automatic exemption. Police can bring a refusing witness; ignoring an administrative court summons may be criminal and incur costs. Refusing testimony without recognised privilege can ultimately result in coercive detention. Discuss family ties, professional secrecy and criminal self/family-incrimination risks with counsel and the judge. The judge assesses privilege; it alone does not let you stay away.
3. Preparation
Request an interpreter early if Dutch is insufficient. In civil/administrative cases the calling party must arrange one; ask the court about its own summons. Your lawyer may attend. Ask through the caller about testimony at a nearby court or closed doors; the judge decides. In criminal cases also request your lawyer/supporter, exclusion of the defendant while you testify, exemption for vulnerability/serious health risk/personal reasons, or anonymity if classified as a threatened witness by the investigating judge. These are requests, not guarantees; the defendant is informed of testimony given in their absence.
4. Apply
Bring summons and ID, report to the usher and wait to be heard separately. Give identity and relationships, then what you personally saw/heard; do not fill gaps or coordinate accounts. Say when you do not know or cannot recall earlier words. Criminal/civil witnesses aged 16+ take an oath or affirmation; younger witnesses still tell the truth. The administrative judge may require one. Deliberate false sworn evidence is criminal. The judge then authorised participants ask questions; the clerk records. Criminal preliminary evidence is read back for agreement/signature; later testimony or appeal testimony remains possible. Afterwards leave or sit in the public gallery if open.
5. Decision
Keep evidence of time, travel and necessary costs. Criminal: use the official witness/expert expense form and ask the court; if called by the defendant rather than prosecutor, ask the defendant's lawyer. Civil: tell the judge after testimony that you want compensation; the calling party pays, or the State when judicially summoned. Declining compensation cannot later be reversed. Administrative: claim from the calling party or use the official form for a court summons. Not every claimed amount is guaranteed.
6. Next steps
A family/juvenile informant is not a witness: attendance and answers are voluntary. You receive no petition/defence and need not prepare substantive answers; bring invitation/ID. The hearing is closed; interested parties, lawyers and sometimes child-protection bodies attend, not the general public. Solely as informant you receive no ruling and have no appeal. Criminal victim speaking rights are different again: describing impact rather than giving observational evidence. Seek tailored help about your role; our assistance request does not change a summons or deadline.
Can I stay away because I am related to a party?
No. Put possible privilege to the judge and ask what to do. Privilege and attendance are separate questions. A family informant invitation or administrative party invitation follows different rules.
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Summons, case type and sender
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- Summons, case type and sender
- Date, place, case number and ID
- Impediment and confirmation
- Interpreter, protection and lawyer
- Discuss family ties/secrecy
- Travel, time and expense evidence
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Rechtspraak · Getuige ↗Rechtspraak · Strafzaak ↗Rechtspraak · Civiel ↗Rechtspraak · Bestuursrecht ↗Rechtspraak · Informant ↗Sources may be in Dutch. General information about Dutch law, not individual legal advice.