As appellant

If a party wishes to appeal against a decision of a district court, the party must file a notice of intent to appeal against it within seven days of the issuance of the decision. The notice of intent to appeal must be filed with the district court either orally or in writing.

After deciding the case, the district court has issued written appeal instructions to the parties, and such instructions are also available in the registries of district courts. These written appeal instructions, appended to the decision of the district court, also indicate the court of appeal to which the appeal is to be addressed and the information to be given in the appeal document. The appeal must be filed within thirty days from the date on which the district court announced or issued its decision.

The appeal document must indicate:

1. the district court decision that is being appealed
2. which points in the decision of the district court are being appealed
3. what changes are requested in the decision of the district court
4. what are the reasons for the changes and how, in the view of the appellant, the statement of the reasons of the district court is erroneous
4a. the grounds for granting leave for continued consideration in a matter for which such leave is required and the reasons for which the appellant considers that such grounds exist, if these are not otherwise apparent from the appeal document
5. the evidence referred to and what the appellant intends to prove with each piece of evidence, and
6. should the appellant wish to do so, a request for the holding of a main hearing in the court of appeal.

When the appeal document arrives at the court of appeal, the court begins to prepare the appellate matter.

If the appeal document is defective, the court of appeal may request the appellant to provide supplementary information within a set period. An appeal will always be ruled inadmissible if the request for supplementary information is not heeded and if the appeal is so defective that it cannot serve as the basis of court proceedings.

On account of an appeal, the court of appeal, as a rule, requests the party opposing the appellant to present a written response to the appeal. When requesting the response, the court serves the respondent with the appeal and the appended documents.

A court of appeal may adjudicate cases in a written procedure or in a main hearing. In a written procedure, the court of appeal decides the case on the basis of written trial materials, without the presence of the parties. If an oral preparatory hearing or main hearing is held in the case, the court of appeal summons the appellant to appear. The summons also indicates the consequences of failure to appear. The appellant is summoned to the main hearing under threat that if he or she is absent, the case will be discontinued for the parts to be heard in the main hearing and the decision of the district court will remain unchanged for the parts in question.

A party may also be ordered to appear in person in a main hearing under threat of a fine, if hearing the party is necessary for examining the case. If the party, despite the threat of a fine, fails to appear, the court may order him or her to be brought to the hearing.

A party may be summoned to a main hearing by way of a process server, by letter or by phone.

 
Published 8.8.2018