As respondent

If a party is content with the decision of a district court, there is no need for action.

However, if the opposing party appeals the decision, a party may submit an appeal against the decision of a district court, even if he or she initially was content with it (a counter-appeal). The counter-appeal must be submitted within two weeks after the end of the appellant’s appeal period. The instructions for submitting a counter-appeal are included in the instructions for appeal enclosed with the decision of the district court. A counter-appeal will lapse, if the appeal is withdrawn, lapses, is ruled inadmissible or if leave to continue the proceedings is not granted.

When necessary, the court of appeal requests a response from the opposing party. The response should indicate:

• case management data, such as the names of the parties and its diary number
• declaration as to whether the respondent accepts or contests the claims made by the appellant
• comments on the bases of the appellant’s claims and a statement of the circumstances which the respondent wishes to refer to
• the evidence to be submitted by the respondent and the facts that are to be proven by way of the evidence.

When the court of appeal requests the response, it will forward the appeal and its annexes to the opposing party for information.

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 respondent to appear. The summons will indicate the consequences of a failure to appear. The respondent is summoned to the main hearing under threat of a fine, if the matter cannot be dealt with without his or her presence. If the respondents fails to appear regardless of the threat of the fine, he or she may be ordered to be fetched to the court. In other cases, the respondent is summoned under threat that his or her absence will not preclude a decision in the matter.

A party may be summoned to a main hearing by way of a process server, by letter or by phone.

Court of appeal front page

Updated on 29 December 2010