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 (respondent on appeal), if necessary. If leave to appeal is granted, a response is always requested. In cases that have been examined by the court of appeal as the 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 response must indicate
- case identification data, such as the case number and the names of the parties
- declaration as to whether the respondent on appeal accepts or contests the claims made by the appellant
- the views of the respondent on appeal on the grounds for the appellant’s claims and a statement on the circumstances which the respondent wishes to invoke
- evidence to be presented by the respondent on appeal and the facts that he or she wishes to prove with the evidence.
The respondent on appeal cannot refer to circumstances or invoke evidence not already presented in the district court or court of appeal. An exception to this can be made if the respondent on appeal has not been able to refer to a circumstance or evidence before or if he or she has had a valid reason not to do so. If the respondent on appeal wishes to invoke new evidence, he or she must declare this in the appeal and state what is to be proven with the evidence, as well as why the evidence has not been presented before.
The response must contain the name, occupation and place of residence of the respondent on appeal and the postal address of the respondent or his or her legal counsel to which any communications concerning the case can be sent. The response must be signed. If the postal address changes, the new address must be communicated in writing to the registry of the Supreme Court.