Appeal to the Court of Appeal

If you are dissatisfied with the ruling handed down by the district court, you have the option of appealing the judgment to the Court of Appeal. An annex to the district court’s ruling provides you with instructions on how to appeal.

In short, an appeal must be made in writing within three weeks of the judgment being delivered. The appeal must be sent to the district court, which will check to ensure that the appeal has been received before the deadline expired. If the appeal has been received on time, it and all documents in the case will be sent to the Court of Appeal.

How much does it cost?

There is no charge to appeal.

  • An accused person may be liable to pay part or all of the cost of the defence counsel and possible counsel for the plaintiff.
  • In a civil case, the party that loses the case may normally pay the trial costs incurred by both parties. In family cases, the parties usually pay their own costs.

Review permit for the courts of appeal

In civil cases and certain criminal cases, a review permit is required in order for the Court of Appeal to try the case. It is up to the Court of Appeal to decide whether or not to grant a review permit. If the Court of Appeal grants a review permit, it will re-examine the case in the parts that the district court’s judgment has been appealed. If you are not granted a review permit, the district court's ruling applies.

Review permit in criminal cases

In some cases, the Court of Appeal must first decide whether the case should be heard in the Court of Appeal. Such a decision is called a review permit. It is clear from the district court's judgment whether or not a review permit is required. In order to decide whether a review permit should be granted, a lawyer at the Court of Appeal familiarizes himself/herself with the case and reports it verbally to three judges. The judges then assess the district court's judgment and whether there are grounds for granting a review permit.

The Court of Appeal will grant a review permit in four cases:

  • When the Court of Appeal has doubts as to whether the district court has ruled correctly.
  • If it is necessary for the Court of Appeal to be able to assess whether the district court has ruled correctly.
  • If it is important that the Court of Appeal tries the case in order to provide other courts with guidance for future assessments of similar issues.
  • When there are otherwise extraordinary reasons to try the appeal, for example that the district court has made a serious mistake.

Review permit in civil cases and civil matters

In civil cases and civil matters, the Court of Appeal must first decide whether to allow the case to be heard in the Court of Appeal. If the Court of Appeal concludes that the case is to be heard in the Court of Appeal, it will grant a review permit. Decisions on review permits are normally made by three judges.

The Court of Appeal will grant a review permit in four cases:

  • When the Court of Appeal has doubts as to whether the district court has ruled correctly.
  • If it is necessary for the Court of Appeal to be able to assess whether the district court has ruled correctly.
  • If it is important that the Court of Appeal tries the case in order to provide other courts with guidance for future assessments of similar issues.
  • When there are otherwise extraordinary reasons to try the appeal, for example if the district court has made a serious mistake.

Checklist when appealing to the Court of Appeal

An annex to the district court’s ruling provides you with instructions on how to appeal. This checklist is a supplement and describes the information needed for the processing of the case in the Court of Appeal.

  1. 1

    Reasons, claims and grounds

    • State the reasons for why the Court of Appeal should grant a review permit (if a review permit is required)
    • Specify your claims
    • Describe the grounds

    Remember to write a compiled section about the changes you want in the appealed decision (claims), then a compiled section on why the change should take place (grounds). It is preferable that you do not confuse these sections. A claim may be, for example, to be acquitted of an indictment or to receive damages of the amount claimed in the district court.

  2. 2

    Evidence

    Specify the evidence you are referring to. Persons heard in the district court should not normally be heard in the Court of Appeal as well. Instead, the video recording made at the hearing in the district court is played.

    • Specify what video recording(s) is/are to be played. You can also choose to request a reading from the district court's judgment of what the people that were interviewed at the district court said. You can also request that written and verbal evidence be presented by you referring only to the evidence, so-called reference.
    • If you are invoking new evidence, please state what the evidence is meant to prove (evidence theme). In the case of verbal evidence, please also indicate what the person concerned should be examined about (examination theme).
    • In exceptional cases, further questions may be put to a person who was heard at the district court (supplementary examination) or a completely new examination may be held in the Court of Appeal (re-examination). If you are requesting a supplementary or re-examination you must state why this is needed and indicate the examination theme and evidence theme for the supplementary examination.
    • Provide the address and telephone number of persons who are to be summoned to the Court of Appeal.
    • Specify how long examinations are expected to take for people who have not been heard in the district court and for supplementary examinations and re-examinations.
    • If you are not referring to any written or verbal evidence in the Court of Appeal, you must state that when you appeal.
    • You do not need to submit such material that has already been sent to the district court. All material available to the district court is forwarded to the Court of Appeal.
    • Process material can at a main hearing be presented through a reference to documents. This applies to claims, pleas, development of actions, written evidence and previously recorded verbal evidence (including video recording).
    • Specify which documents you wish to refer to during the main hearing.
    • Also indicate whether any specific technical means are needed in the presentation of the evidence.

  3. 3

    Legal representative

    Are you a representative, a counsel for the defence, a counsel for an injured party or a special representative of a child?

    • Attach a power of attorney if the power of attorney previously submitted does not apply in the Court of Appeal. It depends on how the power of attorney is formulated. A counsel for the defence who is also the representative of the defendant usually does not have to submit a written power of attorney, but only state in the appeal that the counsel is also a representative.
    • Attach a bill of costs, if there is one.
  4. 4

    Interpreter

    If someone needs an interpreter, write who needs it and in what language.

  5. 5

    Contact details

    Provide the name, address and e-mail address of the person appealing.

  6. 6

    Other information

    • Indicate whether a decision can be made in the case based on the documents.
    • Specify whether video conferencing may be relevant.
  7. 7

    Special information for criminal cases

    • Please indicate the remand centre or institution of the person who is deprived of liberty.
    • Indicate the individual counterparty (the injured party) when the matter of damages is also to be tried.
    • Please state your position on the fairness of the amounts claimed when the matter of damages is to be tried.
    • Indicate whether you as a plaintiff will assist the prosecution in the Court of Appeal. This means that you can, among other things, present your own evidence.
  8. 8

    Special information for civil cases

    As a rule, presenting new facts and evidence in the Court of Appeal is not permitted except in family cases and some additional cases.

    If you are presenting new circumstances or new evidence, you must write why you have not already presented the circumstance or evidence in the district court.

  9. 9

    Send in or submit the appeal to the district court

    Send in or submit the appeal to the district court that delivered the judgment.

Updated
2022-06-13