डच अदालतको बारेमा उजुरी: कसरी र कहिले दायर गर्न सकिन्छ?

If a court, a judge or a member of court staff has not treated you properly, you can file a complaint with the board of that court, in principle within one year after the incident. The key exception: a complaint can never be used to challenge the decision in your case itself.

That limitation decides most complaints before they start. Disagreement with a ruling, with how the evidence was weighed or with the outcome is dealt with by appeal, not by complaint. The complaints procedure covers conduct: the way you were treated, how the court communicated with you, delay in handling your case, or administrative failures.

डच अदालतको बारेमा तपाईं कसलाई उजुरी गर्न सक्नुहुन्छ?

You complain to the board of the court where the incident took place. Each court has its own complaints regulation (klachtenregeling), published on rechtspraak.nl, which sets out how complaints are received, investigated and decided.

This applies to district courts (rechtbanken) and courts of appeal (gerechtshoven) alike. Many courts offer a digital complaint form on their page on rechtspraak.nl, but a signed letter to the board works as well. A complaint filed more than one year after the event does not have to be dealt with.

उजुरीको विषय के हुन सक्छ र के हुन सक्दैन?

You can complain about how a judge or staff member behaved towards you. You cannot complain about the content of a judicial decision, including procedural rulings.

उजुरीको विषय हुन सक्ने आचरणका उदाहरणहरू:

• सुनुवाइको क्रममा असभ्य वा अपमानजनक टिप्पणी वा इशाराहरू;
• पत्रहरूको जवाफ दिन वा तपाईंलाई जानकारी राख्न असफलता;
• तपाईंको मुद्दाको सम्हाल्न अनुचित ढिलाइ;
• प्रशासनिक त्रुटिहरू, जस्तै कागजातहरू हराएको वा गलत व्यक्तिलाई पठाइएको।

Outside the procedure fall who was given the floor at the hearing and for how long, the course of the proceedings, the content of the official record of the hearing and the reasoning of the judgment. Those are part of judicial decision-making, and the route against them is an appeal to a higher court, within the statutory appeal deadline.

उजुरीमा के राख्नु पर्छ?

Address the complaint to the board of the court concerned, sign it and keep it factual. A clear complaint is easier to investigate and harder to set aside.

कम्तिमा समावेश गर्नुहोस्:

• तपाईंको नाम र ठेगाना, र यदि कुनै केस नम्बर छ भने;
• के भयो, कहिले भयो र को संलग्न थियो भन्ने विवरण;
• तपाईं उपचारलाई किन गलत ठान्नुहुन्छ;
• तपाईंले के माग्दै हुनुहुन्छ, उदाहरणका लागि माफी वा स्पष्टीकरण।

Attach documents that support your account and keep your views on the substance of the decision out of it. Parts of a complaint that concern the ruling will not be dealt with, and the conduct point you want answered can get lost.

उजुरी कसरी सम्हालिन्छ?

The court acknowledges receipt and investigates the complaint; the date of receipt is the day your letter reaches the board. The board then decides in writing, with reasons, whether the complaint is well founded.

Depending on the court’s complaints regulation and the nature of the complaint, you may be invited to explain it in person. The judge or staff member you complained about is given an opportunity to respond before the board decides.

गुनासोले के हासिल गर्न सक्छ?

The outcome is a finding on the conduct, not compensation and not a change to any judgment. A judgment stays as it is, however the complaint is decided, and appeal deadlines keep running.

Where a complaint is upheld, it can lead to measures within the court and to changes in working practice. For many complainants, the board’s written acknowledgement that something went wrong is the main result.

यदि तपाईं नतिजाबाट सन्तुष्ट हुनुहुन्न भने के हुन्छ?

If your complaint concerns the conduct of a judge, you can then turn to the Procurator General at the Supreme Court (procureur-generaal bij de Hoge Raad) under Articles 13a to 13g of the Judiciary Organisation Act (Wet op de rechterlijke organisatie, Wet RO). The admissibility conditions are in Article 13b.

You must first have complained to the court where the judge works, and the conduct must have taken place less than one year earlier. The complaint is not admitted if you could have raised the issue through another route, such as a challenge (wraking). The Procurator General can refer the complaint to the Supreme Court, which gives its opinion on whether the judge behaved properly; it cannot change a judgment, impose sanctions or award compensation.

Separately, the Procurator General can ask the Supreme Court to impose a disciplinary measure on a judge under the Judicial Officers (Legal Status) Act (Wet rechtspositie rechterlijke ambtenaren). That is an exceptional route for serious misconduct, not for dissatisfaction with how a case went.

आफ्नो मुद्दाबाट न्यायाधीशलाई कसरी हटाउने?

A complaint is not the way to remove a judge from your case. If facts or circumstances could affect the judge’s impartiality, the remedy is a challenge (wraking).

In civil cases, Article 37 of the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering) requires the challenge to be made as soon as those facts or circumstances become known to you. It is made in writing with reasons, or orally once the hearing has started, and the proceedings are suspended while a separate panel of judges decides it. If you wait, you may lose the right to challenge on those grounds.

तपाईंको परिस्थितिमा कुन बाटो उपयुक्त हुन्छ?

Choosing the wrong route usually means losing the opportunity to use the right one in time.

• अपील यदि तपाईं निर्णयसँग नै असहमत हुनुहुन्छ भने।
• चुनौती (रेकिङ) if you doubt the impartiality of the judge while the case is still running (Article 37 Rv).
• उजुरी if you were treated incorrectly by the court, a judge or staff, within one year.

What can we do for you with a complaint about a court?

हाम्रो नागरिक वकिलहरू help you choose and use the right route. We can:

• Assess whether your problem calls for a complaint, a challenge or an appeal.
• Draft a factual complaint to the board of the court, with the supporting documents.
• Prepare a challenge (wraking) under Article 37 Rv as soon as the grounds become known.
• Calculate and safeguard your appeal deadline while a complaint is pending.
• Draft a follow-up complaint to the Procurator General at the Supreme Court.

सारांश

• You can complain to the board of the court about how you were treated, in principle within one year after the incident.
• उजुरीले फैसला परिवर्तन गर्न सक्दैन; निर्णयसँग असहमत भएमा पुनरावेदन गर्नुपर्ने हुन्छ।
• बोर्डले अनुसन्धान गर्छ, उपयुक्त भएमा दुवै पक्षको कुरा सुन्छ र तर्कसहित लिखित निर्णय दिन्छ।
• If you are not satisfied with how a complaint about a judge was handled, you can turn to the Procurator General at the Supreme Court (Articles 13a-13g Wet RO).
• न्यायाधीशको निष्पक्षताको बारेमा शंका लागेमा आधार थाहा पाउने बित्तिकै चुनौती (रेकिङ) दिनुपर्छ।

बारम्बार सोधिने प्रश्नहरू