Can I appeal a Dutch court judgment after missing the appeal deadline due to illness?

In Netherlands
Last Updated: Jan 21, 2026
I received a civil judgment from a court in the Netherlands but I was hospitalised and missed the deadline to file an appeal. Is there any way to ask the court to accept a late appeal, and what evidence would I need? I want to know the risks and likely costs before I proceed.

Lawyer Answers

Wessel Juristen

Wessel Juristen

Jan 21, 2026
It depends on what you mean by an “appeal.” If the judgment was a verstekvonnis, there are in principle still possibilities to challenge it (zuiveren). In that situation, you may be able to file an opposition (verzet). While this is formally an appeal, it functions in practice as a reopening of the proceedings, allowing the case to be heard again on the merits. If, however, the judgment was rendered after regular proceedings, meaning that your arguments were filed and the court heard both sides, the situation is much more difficult. Although exceptional circumstances can be imagined, acceptance of a late appeal in such cases is extremely rare.

In any context, it is crucial to examine how the judgment was served, i.e. whether and when it was formally delivered to you in such a way that you became aware of the decision. In addition, in all cases it is relevant whether you performed any “act of awareness” (daad van bekendheid), such as sending an email or otherwise acting in a way that demonstrates that you had knowledge of the judgment.
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