Would you like to make an appointment with one of our lawyers? For advice or orientation? We are happy to receive you at our offices in The Hague or Rotterdam or we will come to you.
Cassation appeals – litigation before the Supreme Court
Are you unhappy with the Court of Appeal’s ruling on your case? Do you want to appeal against a decision on a notice of complaint, or against a court ruling on an extradition request by a foreign judicial authority? Usually, you can present such decisions to the Supreme Court. But you will need a lawyer to do so.
Sjöcrona • van Stigt has five specialised cassation lawyers, with extensive and successful experience in Supreme Court litigation.
Not only do we handle all cassation appeals for our clients, we are also hired by other lawyers nationwide. Our cassation specialists also handle cases for clients from Aruba, Curacao and Saint Martin, because in criminal cases in these countries too, the Supreme Court is the highest judicial authority.
If the Supreme Court agrees with you and your lawyer, they will reverse the lower court’s ruling. Generally, this means said lower court will have to do your case all over again. Sometimes, the Supreme Court amends the ruling, in which case there will be no need to ‘go a second round’. Only in extradition cases can the Supreme Court, having reversed the contended ruling, carry out its own investigation in court.
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If you want to litigate before the Supreme Court, you are obliged to hire a lawyer.
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Supreme Court proceedings are generally done in writing. There isn’t even a court session for you to attend (with the exception of extradition cases if the Supreme Court has reversed the lower court’s ruling).
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Supreme Court proceedings are highly technical and have their own procedural rules, which is why many lawyers refer their cassation appeals to our specialised cassation lawyers.
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If your lawyer has asked us to handle the cassation appeal, we will only handle those proceedings. Should the Supreme Court decide that your case has to be done all over again, it is referred back to your own lawyer unless you request that we continue to handle your case.
