Written procedure

If no main hearing is held, the case is decided on the basis of written trial documents in a written procedure.

In the written procedure, the referendary of the court of appeal circulates, among the judges of the court of appeal who belong to the deciding composition, the decision of the district court, the appeal, the response, any other material compiled in the court of appeal, the referendary's proposal for a decision and any memorandum written by him or her concerning the case.

Thereafter, the deciding composition of the court convenes in a presentation, where the referendary summarises the case orally. The judges discuss the case and finally, in turn, state their opinion. If necessary, a vote is taken.

The parties and the public cannot be present in the presentation in the court of appeal.

The court of appeal serves a copy of the decision on the appellant and the opposing party who has responded to the appeal. In a criminal case, a copy is always sent to the defendant, if the court of appeal has amended the decision of the district court in respect of him or her.

 
Published 1.8.2019