Main hearing

A main hearing in a court of appeal is much like one in a district court. The public has usually access to main hearings also in a court of appeal. More detailed descriptions of main hearings in civil matters and criminal matters can be found on the district court pages.

At first, one of the members summarises the decision of the district court and the results of the preparation of the case. Then he or she asks whether the points made by the appellant and the respondent during the course of the preparation still correspond to their views. Thereafter, the appellant and the respondent, in turn, justify their positions and comment on the submissions of their respective opposing parties.

All circumstances that are to be referred to must be submitted orally in the main hearing, because only such items are taken into account in the decision. Thus, the material presented to in the district court is not automatically taken into account. In certain exceptional cases the decision can be made despite the absence of the respondent, and in these situations the circumstances presented by the respondent at an earlier stage are taken into account as trial material.

The parties present their documentary evidence and witnesses are is heard. This way the members of the court of appeal have the opportunity self to assess the credibility of the witnesses. A witness, an expert or a party may also be heard by phone or by a video conference if it is possible to reliably assess the credibility of the witness statement through this method. In certain cases witness statements recorded at the district court may be listened to at the main hearing of court of appeal.

At first, the referendary or one of the members summarises the decision of the district court and the results of the preparation of the case. Then he or she asks whether the points made by the appellant and the respondent during the course of the preparation still correspond to their views. Thereafter, the appellant and the respondent, in turn, justify their positions and comment on the submissions of their respective opposing parties.

All circumstances that are to be referred to must be submitted orally in the main hearing, because only such items are taken into account in the decision. Thus, the material referred to in the district court is not taken into account as of course.

The parties present their documentary evidence and testimony is heard. In this manner, the members of the court of appeal have the opportunity self to assess the credibility of the witnesses.

The main hearing ends with closing arguments. At this stage, the parties evaluate the evidence that has been submitted and present their view as to how the decision of the district court should be amended or whether it should be amended. An itemised and justified claim for the compensation of legal costs must be made no later than at the stage of closing arguments.

Main hearings in civil matters and criminal matters, district courts

Updated on 29 December 2010