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As customer in a court of appeal
As customer in a court of appeal
If a party is discontent with the decision of a district court, it is usually possible to appeal against the decision in a court of appeal. As of 1 January 2011, certain appeals require leave to continue the proceedings, which is granted by the court of appeal.
When necessary, the court of appeal requests a response from the opposing party. Testimony can be heard in a main hearing of the court of appeal.
As appellant
If a party is discontent with the decision of a district court, he or she must file a notice of intention to appeal with the district court within one week of the decision. The district court will issue appeal instructions. The appeal instructions, appended to the decision of the district court, indicate also the court of appeal to which the appeal is to be addressed. The appeal must be submitted within thirty days from the day when the decision of the District Court was issued.
The court of appeal may exhort the appellant to remedy any defects in the appeal within a set period. An appeal will always be ruled inadmissible, if the exhortation is not heeded and if the appeal is so defective that it cannot serve as the basis of court proceedings.
Most cases are decided by written procedure, without the presence of the parties. If an oral preparatory hearing or main hearing is held in the case, the court of appeal will summon the appellant to appear. The summons indicates also the consequences of a failure to appear. The appellant is summoned to a main hearing under threat that if the appellant is absent from the main hearing, the case shall be discontinued for the parts that are handled in the main hearing and the decision of the district court is left as it is for the parts in question.
A party may be ordered, under threat of a fine, to appear in person in a main hearing, if this is deemed necessary for a decision in the case. If a party fails to appear in the court in person, despite threat of a fine, the court may order him or her to be brought to the hearing.
A party may be summoned to a main hearing by way of a process server, by letter or by phone.
Updated on 29 December 2010
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