No leave to appeal is required for the Supreme Administrative Court to consider a petition for a new trial. If there are specific and exceptional circumstances for retrying a case, a new trial may be granted. If a new trial is granted, in the majority of cases it will be held by the court that last ruled on the case in question.
The court may, for example, grant a petition for a new trial if:
- A member or official of the Court has committed a crime or violation that may have affected the outcome of the case;
- Written evidence has been falsified or a witness or expert has lied and this may have affected the outcome of the case;
- New significant evidence has emerged; or
- It is clear that the adjudication is contrary to the law.
What your application should include
A petition for a new trial shall be submitted in writing to the relevant administrative court of appeal if the judgment or decision has been delivered by an administrative court or if an administrative court of appeal has refused leave to appeal. Otherwise, your petition for a new trial should be submitted directly to the Supreme Administrative Court.
Your application should state the following:
- Your name, address and personal identity number or organisation/company registration number.
- A telephone number.
- Your email address.
- The judgment or decision to which your petition for a new trial relates; i.e., the case number and date of the ruling.
State the matter your petition relates to and which Court or public authority last examined the matter. You shall also state the specific circumstances that you deem to constitute exceptional reasons for holding a new trial. The previously unsubmitted investigation/evidence pertaining to the case to which you wish to refer should be attached to your petition.
There is no deadline for submitting your petition for a new trial to the Court.