Resolving legal questions about summons

Questioner

I had a summons served by the bailiff. However, he failed to attach the productions. Can I just send the summons and the productions to the court? Do I still need to mention that the other party has not received the productions? Or should I still send the productions to the other party? If so, how should this be done? Thank you in advance

Lawyer

If the bailiff has forgotten this, you must ask the bailiff to correct it. You cannot send the productions to the other party by post.

Lawyer

I agree with Mr Martens. The bailiff must remedy the defect if you wish to properly bring the productions into the proceedings

Questioner

Thanks for the responses. Can I not remedy the defect by submitting the announced productions on the first day of the hearing by means of a deed of submission of productions? (After all, the defect (Article 85 of the Code of Civil Procedure) does not lead to nullity) Issuing a writ of correction now will result in a new court date.

Lawyer

I understand that the case has not yet been served. In that case, you can still submit the productions referred to in the summons by deed. In that case, you must submit the deed in duplicate to the court.

Lawyer

Both solutions, that Martens gives are possible. When the bailiff has made a mistake, he must correct it free of charge. That is also the most certain way.

Lawyer

If the bailiff has not done his job properly, I would absolutely have him serve the productions with a corrective writ. You can also submit the productions by deed, but that would automatically mean that your opponent is granted a postponement to consider those productions. Whether that is desirable is up to you to decide.