Consideration of matters in a court of appeal

Starting the preparation

All matters are prepared before they are decided. The extent and form of the preparation depend on the nature of the matter. The decisions are made by a single member of the court of appeal, who is in charge of the preparation. When necessary, the member is assisted in the preparation by a referendary.

During the course of the preparation, it is possible that the appellant is requested to supplement the appeal.

Leave to continue the proceedings

In a civil matter, the appellant needs leave to continue the proceedings, if the case in the court of appeal only concerns a debt and the difference between the appellant's claim and the decision of the district court does not exceed 10,000 euros.

In a criminal matter, the defendant needs leave to continue the proceedings, if he or she has not been sentenced to a more severe punishment than imprisonment for four months. The prosecutor and a party need leave to continue the proceedings, if the appeal concerns a crime for which the maximum punishment under the circumstances laid down in the indictment is a fine or imprisonment for at most two years. According to separate provisions, there are certain matters where leave to continue the proceedings is not needed despite the above mentioned restrictions. These include i.a. matters concerning a restraining order, passing a conversion sentence for unpaid fines and maintenance payable to a child.

Leave to continue the proceedings must be granted if

• there is reason to doubt the correctness of the decision of the district court,
• the correctness of the decision of the district court cannot be assessed without granting leave to continue the proceedings,
• it is important with regard to the application of law in other similar cases to grant leave to continue the proceedings or
• there is some other justified reason to grant leave.

If leave to continue the proceedings is not needed or leave is granted, the court of appeal continues the proceedings in the matter. If leave to continue the proceedings is not granted, the decision of the district court is final.

Continuing the proceedings

If the appeal is taken up for further consideration, the opposing party may be requested to respond to the appeal in writing. The court of appeal may also request further comments from the parties.

It is also possible to hold a preparatory hearing; the parties are summoned to the hearing, where relevant issues are clarified orally and informally for purposes of the main hearing. Preparation covers also the practical arrangements relating to the main hearing, such as agreeing on the date and the summoning of the parties and the witnesses to the hearing.

The decision to hold a main hearing is made during the course of the preparation. Likewise, decisions to obtain an expert opinion, to receive documentary evidence, to hold a judicial inspection and to hear given witnesses are made during the course of the preparation.

Updated on 29 December 2010