You have the right to an oral hearing of the trial. You also have the right to be present at the oral hearings, even if you are defended by a lawyer.

In Estonia, the judge in the court of first instance and at the appeals stage can decide to conduct a written proceeding without holding a court session if the court has sent a copy of the appeal to the other party to the court proceeding and has ascertained the position of the other party with regard to the appeal, and the parties to the court proceeding have declared in the appeal or a response to the appeal that they do not wish to participate in the court session. There are some decisions (such as decisions on the admissibility of your appeal), which contain purely technical or legal issues. For these types of issues, the court is not obliged to hold an oral hearing as long as you have had the opportunity to submit your arguments and observations in written form. 

The right to an oral hearing also involves a duty to attend the hearings at the court’s invitation. According to the Code of Misdemeanour Procedure, if you have submitted an appeal to the court and you do not attend the court can impose a fine or compel your attendance, if mandatory appearance is indicated.


Last updated 19/05/2019