Response

In a case decided by the Court of Appeal as an appellate court, the Supreme Court will request a response to the appeal from the opposing party, if necessary. If leave to appeal is granted, a response is always requested.

In cases that have been examined by the court of appeal at first instance, the Supreme Court requests a response, unless the appeal is directly dismissed without considering the merits or dismissed as being clearly unfounded.

The contents of the response are

• 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.

The respondent cannot refer to circumstances or evidence not already presented in the district court or court of appeal. An exception is granted, if the respondent has not been able to refer to a circumstance or evidence before or he or she has had a valid reason not to do so. If the respondent wishes to refer to new evidence, he or she must declare this in the appeal and state what is to be proven by the evidence, as well as why the evidence has not been presented before.

Updated on 29 December 2010