In a lawsuit, everything revolves around evidence. The judge does not only decide on the basis of stories, but mainly on the basis of facts that can be substantiated. Many individuals underestimate the importance of evidence or do not know which means they may use. In this article, we will explain what types of evidence there are, how you can gather evidence, and how the judge weighs evidence.
Why is evidence so important?
The judge must determine what exactly happened. For this, a simple rule applies: whoever asserts something must also prove it.
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Do you want to prove that you have paid the rent? Then you must show proof of payment.
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Do you want to defend against a claim? Then you must provide documents or witnesses to support your story.
👉 Without evidence, you run a great risk that the judge will follow the claim of the opposing party.
Types of evidence in a lawsuit
The law recognizes different types of evidence. Often, free proof theory applies, which means that almost anything can serve as evidence as long as it is reliable.
1. Written evidence
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Contracts and agreements
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Invoices and bank statements
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Letters, emails or WhatsApp messages
2. Witness statements
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People who were present at appointments or events can be heard.
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A witness statement can be made orally to the judge or in writing.
3. Expert evidence
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Reports from experts, for example, a medical expert or building surveyor.
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Often used in technical or complex disputes.
4. Photos, videos and sound recordings
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Images or recordings can be strong evidence.
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Be aware of the rules around privacy and lawfulness.
5. Own statement
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Your own statement can play a part, but often weighs less heavily than independent evidence.
How do you collect evidence?
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Save all documents
Never throw away letters, emails, or invoices. Everything can be important later. -
Make copies and prints
Ensure neat folders with evidence. -
Note events
Keep a logbook of appointments, phone calls or incidents. -
Ask witnesses on time
Speak with people who can confirm your story and record their details. -
Let your lawyer think along
Your lawyer knows which evidence can be decisive and how best to present it.
How does the judge assess evidence?
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The judge looks at the reliability and consistency of the evidence.
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Written documents often weigh heavily, especially if they are signed by both parties.
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Witnesses can be convincing, but they must be credible and not contradict each other.
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Sometimes the judge gives a party the task to deliver further evidence.
Real-life examples
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Example 1 (rent): A tenant claimed he paid in cash, but had no proof. The judge granted the landlord’s claim.
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Example 2 (work): An employee claimed overtime. Thanks to WhatsApp messages in which the employer gave assignments outside working hours, he was right.
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Example 3 (personal injury): A victim was awarded compensation because a medical expert confirmed his complaints.
Checklist: collect evidence for your lawsuit
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📑 Collect all contracts, invoices, and bank statements.
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📧 Keep emails, letters, and messages.
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📸 Take photos or videos of situations or damage.
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👨👩👦 Look for witnesses who can support your story.
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📝 Keep a log or diary of important events.
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⚖️ Discuss with your lawyer what evidence can be crucial.
Common mistakes
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Not providing evidence or collecting it too late.
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Only relying on own statements.
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Calling witnesses too late or not preparing them properly.
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Presenting evidence to the judge in a disorganized way.
Frequently Asked Questions (FAQ)
1. What if I don’t have evidence?
Then your case is often weak. Your lawyer can look at alternative forms of evidence.
2. Can I record conversations as evidence?
In the Netherlands, you can record conversations you participate in. Recordings of conversations between others are usually not allowed.
3. Does WhatsApp and email messages weigh as evidence?
Yes, digital messages can serve as written evidence.
4. How much evidence do I need to provide?
That depends on the case. The stronger and more evidence, the greater your chance.
5. Can the judge reject evidence?
Yes, if the evidence was obtained unlawfully or is not relevant.
Why Arslan Lawyers?
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Expert in collecting and presenting evidence
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Experience with witness hearings and expert reports
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Guidance in complex evidence
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Significantly increases the chance of a favorable verdict
Conclusion
Evidence is the key to success in a lawsuit. Without evidence, your story has little strength, but with the right documents, witnesses, and expert reports, you can significantly strengthen your position.
