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Fact-finding and evidence gathering for attorneys
For the legal profession

Fact-finding and evidence gathering for attorneys

A case is only as strong as the facts beneath it. We uncover, verify and document those facts so you can build your litigation strategy on a foundation that holds.

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Fact-Finding and Evidence Gathering

Dutch civil procedure follows the principle of free evidence: evidence may be provided by any means unless the law provides otherwise, and the court is free in weighing it (Article 152 Dutch Code of Civil Procedure). The party relying on a legal consequence bears the burden of proving the underlying facts (Article 150 DCCP). That is where practice bites: the facts that carry your case rarely sit ready-made in the file. We bring them to the surface, test them and record them so they can be used in employment, civil or family proceedings. Four forms of investigation come together here: fact reconstruction, targeted evidence gathering, counter-expertise on existing reports, and timeline and scenario analysis. We deliver the facts, you draw the legal conclusions.

What we investigate

Fact reconstruction

We map the actual course of events chronologically from documents, statements and registry data: interviews with parties and witnesses, analysis of contracts and correspondence, searches in public registers (Trade Register, Land Registry, insolvency register) and cross-checking to reveal contradictions and patterns. Used in employment disputes, contract disputes, director liability, internal fraud and disciplinary cases.

Targeted evidence gathering

Sometimes the question is not the full picture but one specific piece of evidence: who was where and when, is a former employee working for a competitor, is a property really occupied. We gather that evidence through surveillance from public space, open-source research and documentation with date, time and source. Lawfully obtained only: on 18 April 2014 the Dutch Supreme Court held that unlawfully obtained evidence is not automatically excluded in civil cases, but that additional circumstances can justify setting it aside (ECLI:NL:HR:2014:942). We do not take that risk.

Counter-expertise

An investigation report from the opposing party, an insurer or an internal inquiry is often treated as established fact. We test such a report for completeness, accuracy, method and the lawfulness of the investigative means used. The result is a substantiated second opinion you can submit to challenge the evidential weight of the report, or one that confirms the report is sound.

Timeline and scenario analysis

Complex cases contain a mass of facts, statements and documents. We order them in a timeline with a source reference per event and test alternative scenarios against the established facts. Contradictions between statements and objective data (time stamps, transactions, registrations) become visible. The timeline can be attached to a pleading as an exhibit.

Disclosure and public sources

A party to a legal relationship has a right to inspection, copies or extracts of specific records concerning that relationship (Article 194 DCCP, which replaced the former Article 843a on 1 January 2025). We help you determine which documents exist and where, so that a disclosure request can be formulated precisely. In addition we unlock what is available without a request in public registers and open sources.

How does the investigation work?

1
Briefing

we discuss the legal question, the available documents and the desired scope, under confidentiality.

2
Investigation plan

you receive a plan with concrete research questions, sources, methods and a fixed-price agreement.

3
Execution

screened investigators carry out the work within the Wpbr, the GDPR and the privacy code of conduct.

4
Reporting

a structured report with findings, source references, chronology and exhibits, aligned with your pleading.

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⚖️ Legal framework

SAJ Recherche operates in compliance with the Dutch Private Security and Investigation Agencies Act (Wpbr) and the General Data Protection Regulation (GDPR/AVG). All investigations are conducted under POB licence 8779, issued by the Ministry of Justice and Security.

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Frequently asked questions

What is the difference between fact-finding and evidence gathering?
Fact-finding establishes the full picture: what happened, when and by whom. Evidence gathering focuses on one or a few specific pieces of evidence for a position already formulated. In practice they overlap; that is why we offer them in one place.
Can an attorney instruct you directly?
Yes. Most assignments come from attorneys on behalf of their client. We conclude the agreement with the firm or with the client, whichever you prefer, and report to the instructing party.
Can the report be used as a court document?
Yes. Dutch civil procedure applies the principle of free evidence (Article 152 DCCP); the court weighs the report. That is why we record sources, methods, dates and times, and keep the conclusion strictly to the facts. The legal qualification is yours.
What if an existing report from the other side is flawed?
Then we deliver a counter-expertise: a substantiated review of method, completeness and lawfulness. You decide whether and how to submit it.
How long does a fact-finding investigation take?
From a few days for a narrow evidential question to several weeks for a full reconstruction involving multiple parties. The timeline is set out in the investigation plan.
Do you work together with my firm?
Yes. We align scope and reporting with your case and consult on findings along the way. Our legal partner is Breedijk Advocaten in Amsterdam, but we work for any firm in the Netherlands.
How many cases reach the Dutch courts each year?
According to the annual report of the Dutch Judiciary, the courts received almost 1.47 million new cases in 2025 (Rechtspraak in cijfers 2025, in Dutch). Almost every case turns on facts that a party has to prove.

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