Appealing a ruling by a court

If a party is discontent with the ruling of a district court, they can usually appeal it to a court of appeal.

In most cases, a party must first apply to the court of appeal for leave for continued consideration. If such leave is not granted, the district court’s ruling remains final.

The district court will send the interested parties more detailed instructions on how to appeal, attached to the decision or judgement.

The parties in a criminal case are the victims of the crime, if they have claims in the matter, the accused and the prosecutor. The parties in a civil case are the plaintiff, i.e. the person who brought the case to court, and the respondent against whom the plaintiff has brought their claims.

Notice of discontent and appeal

The appellant must first register their discontent with the ruling of the district court within seven days of the ruling. The discontent must be reported to the district court that issued the decision or judgement. Such notification can be made orally or in writing.

An appeal must be lodged within 30 days of the district court’s ruling. If the notice of discontent and the appeal are not filed within the time, the district court’s ruling remains final.

If one party to a lawsuit appeals, the other party can also appeal against the district court’s ruling, even if they were originally prepared to leave the case to the district court’s judgement. This possibility of appeal is called a counter-appeal.

Hearing before a court of appeal

The preparation of the case before a court of appeal starts when the appeal reaches the court. If leave for continued consideration in the case is not needed or such leave is granted, the court of appeal will continue to hear the case.

The court of appeal deals with cases either by written or oral procedure. If there is an oral preparation or main hearing, the court will always invite the appellant and other parties to the case, as appropriate. Witnesses may also be heard at the main hearing. Further information on matters dealt by the court of appeal (tuomioistuimet.fi).

Civil cases at a court of appeal may also be mediated. More information on court mediation.

The court of appeal usually gives its ruling within 30 days of the main hearing. The ruling is immediately enforceable, for example a debt can be sent for enforcement.

Appealing a ruling by a court of appeal

Appeals against rulings by a court of appeal are lodged with the Supreme Court. Usually, this requires leave to appeal.

The court of appeal attaches to its ruling appeal instructions, which explain how to proceed if you are discontent with the ruling. The appeal must be submitted to the court of appeal within 60 days of the court’s ruling. For more information on procedures in the Supreme Court (korkeinoikeus.fi).

Extraordinary appeal

In some cases, the Supreme Court may annul the ruling of a court, i.e. a ruling that has become final, or restore the time limit that has passed. This may be the case, for example, if new evidence comes to light after the ruling has been made or if the ruling is subsequently found to have been based on a false statement or document. More information on extraordinary appeals (korkeinoikeus.fi).