Civil Procedure

Litigation & Civil Procedure
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Contents:

  • Search form
  • Publication Details
  • Study at VU overview
  • What is Civil Procedure?

    • Chapter VIII. Provisional and Final Remedies and Special Proceedings.

    Search form

    Chapter IX-A. Rule 76C - Removal to the Superior Court. Rule 76D - Appeal to the Superior Court. Rule 76H - Electronic Sound Recording. Rule 77 - Superior and District Courts and Clerks.

    Publication Details

    Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits These rules govern how a lawsuit or. Overview. Broadly speaking, civil procedure consists of the rules by which courts conduct civil trials. "Civil trials" concern the judicial resolution of claims by one.

    Rule 80 - Divorce and Annulment - Abrogated, but still included as of August, Rule 80B - Review of Governmental Action. Rule 80D - Forcible Entry and Detainer. Rule 80E - Administrative Inspection Warrants. Rule 80F - Traffic Infractions. Rule 80J - Warrants for Surveys and Tests. Rule 80K - Land Use Violations. Rule 81 - Applicability of Rules. Rule 82 - Jurisdiction and Venue Unaffected. Rule 87 - Publication of Orders and Standards. Rule 90 - Legal Assistance by Law Students.

    Rule 93 - Foreclosure Diversion Program. Rule - Scope of the Family Division Rules. Rule - Commencement of Action.

    Study at VU overview

    Rule - Confidentiality. Rule - Preliminary Injunction. Rule - Answer; Response; Counterclaim. Rule - Defenses. Unless otherwise prescribed by law, an act of a plaintiff or defendant does not bear legal consequences for a co-plaintiff or co-defendant. In such case the action against the initial defendant is deemed to be withdrawn. Following the substitution or involvement of a defendant, consideration of the matter commences from the beginning.

    Universal succession is possible at every stage of proceedings. A legal successor may enter or be involved in a proceeding without the consent of the opposing party or the legal predecessor as a third party in support of the legal predecessor thereof. The same applies to a dispute arising from a lease contract or commercial lease contract of an immovable or the absence of such contract if a notation concerning the contract has been made in the land register. If the transferor in such case is the plaintiff, the defendant may submit an objection against the plaintiff that the plaintiff has lost the right of claim.

    A third party without an independent claim may also enter proceedings by filing an appeal against a court decision.

    What should I know about CivPro before I go to law school?

    In such case, the involvement of the person is resolved simultaneously with resolving the acceptance of the appeal. A petition, appeal or another procedural act made by a third party without an independent claim has legal effect only if it is not contrary to a petition, appeal or act of the plaintiff or the defendant in whose support the third party is participating in proceedings.

    The same term for filing an appeal or making another procedural act applies to a third party as applies to the plaintiff or the defendant in whose support the third party is participating in proceedings, unless otherwise provided by law. A third party may also submit an objection that the third party could not submit a petition, allegation, evidence or appeal due to the fact that the third party entered or was involved in proceedings too late, or that the third party could not submit them due to the petitions or acts of the plaintiff or defendant in whose support the third party participated in the proceeding.

    The third party may also submit an objection that the plaintiff or defendant failed, knowingly or due to gross negligence, to submit a petition, allegation, evidence or appeal, and the third party was not aware of such fact. After the end of pre-trial proceedings, the court consents to involvement of a third party only if there was good reason for the failure to file the petition in time and in the opinion of the court involvement of the third party is in the interests of adjudication of the matter.

    A third party is deemed to be involved in proceedings in support of the party who involved the third party as of the date on which the order to involve the third party was served on the third party. Participation of a representative in a matter does not restrict the personal participation in the matter of a participant in proceedings with active civil procedural legal capacity. A procedural act performed by a representative is deemed to have been performed by the participant in proceedings who is represented.

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    This applies to admitting a fact or another statement in so far as the participant in proceedings who is present does not immediately withdraw or amend the admission or statement. In non-contentious procedure in the Supreme Court, a participant in proceedings may perform procedural acts and file petitions and applications personally or through an advocate.

    A participant in proceedings may present positions in a session of the Supreme Court together with a sworn advocate. A bankrupt may also be represented in an action in the Supreme Court by the trustee in bankruptcy. If a representative has been appointed only for one court instance, the representative's right of representation in such court instance also extends to the filing of appeals against the decisions made in such court instance. The name of the advocate is specified to the court by the Estonian Bar Association which also guarantees his or her attendance at proceedings.

    Upon appointment of an advocate, the court does not additionally check the existence of the prerequisites for the receipt of state legal aid.

    What is Civil Procedure?

    A person for the protection of whose interests an advocate was appointed may be required to return to the state any payment already made to the advocate if the person fails to protect his or her interests in court in a reasonable manner other than through a court-appointed representative, or for another good reason.

    The above does not release a participant in proceedings from the payment of procedural expenses if the participant in proceedings is required to pay such expenses based on the court decision. Such person is not paid any remuneration but may request reimbursement of his or her costs from the participant in proceedings required to pay procedural expenses based on the court decision. If the petition pertains to the performance of the duties by the Government Office, the Republic of Estonia is represented by the Government Office.

    If the court cannot establish the ministry or another administrator of state assets within whose area of administration the petition belongs, the court sends the statement or petition to the Ministry of Justice.

    The court may demand submission of a notarially certified or authenticated authorisation document from the party, as necessary. The grant of an authorisation is entered in the minutes. A participant in proceedings may restrict the scope of the representative's right of representation arising from law. Restrictions on the scope of the right of representation arising from law of the representative of a participant in proceedings apply with regard to the court and other participants in proceedings only to the extent to which they concern the right to terminate the court action by judicial compromise, discontinue the action or admit the claim, provided that the court and participants in proceedings have been informed of the restrictions.

    If a participant in proceedings has several contractual representatives, every representative has the right to separately represent the participant in proceedings. If the scope of the right of representation has been determined differently, this does not apply with regard to the court or the other participants in proceedings.

    It is presumed that the authorisation of an advocate also terminates as of the time the opposing party and the court are notified of the appointment of a new advocate. A participant in proceedings has the right to demand, in every court instance and at any stage of the proceedings, verification of the right of representation of the representatives of the other participants in proceedings. Advocates are presumed to have the right of representation.

    If a person who appears on behalf of the defendant has not proved his or her right of representation or submitted a ratification within the term set by the court, the court makes a default judgment if the other prerequisites for making a default judgment are fulfilled. If a person who filed an appeal on behalf of a participant in proceedings has not proved his or her right of representation or submitted a ratification within the term set by the court, the court dismisses the appeal if the other prerequisites for dismissal are fulfilled.

    This does not preclude or restrict the right of the participants in proceedings to demand compensation for damage to the extent by which such damage exceeds the costs. It is presumed that a participant in proceedings has ratified the authority of a person who represented him or her in proceedings if the participant in proceedings subsequently grants the authority to the representative.

    An adviser cannot perform procedural acts or file petitions. In non-contentious procedure the court may also deem other means of proof, including a statement of a participant in proceedings which is not given under oath, to be sufficient in order to prove the facts. Unless otherwise prescribed by law, the parties may agree on a division of the burden of proof different from that which is provided by law and agree on the nature of the evidence whereby a certain fact may be proved. The court may propose to the participants in proceedings that they submit additional evidence.

    In the case of failure to perform such obligation, the court may impose a fine on the obligated person or agency. A fact concerning which reliable information is available from sources outside the proceedings may be declared a matter of common knowledge by the court. Admission means unconditional and express agreement to a factual allegation by means of a written statement addressed to the court, or made in a court session where such agreement is entered in the minutes. In matrimonial and filiation matters, the court evaluates admission together with other evidence. In such case the fact is not deemed to be admitted.

    Proof of law in force outside of the Republic of Estonia, international law or customary law must be given only in so far as the court is not acquainted with such law. The court may also use other sources of information and perform other acts to ascertain the law. Substantiation of an allegation means giving the court the reasons for an allegation such that, presuming that the reasoning is correct, the court can deem such allegation to be plausible. Unless otherwise provided by law, a person required to substantiate may use all the evidence permitted by law for such purpose, including means of proof not deemed to be evidence by law or not in the procedural form prescribed for evidence, including signed confirmations.

    Taking of evidence means an activity of the court performed with the aim to render evidence available and enable the examination thereof in the proceedings. A request for taking of evidence shall also set out any information which enables the taking of evidence. A party may withdraw such consent only if significant changes in the procedural situation occur.

    Evidence may be disregarded after its evaluation if the evidence is clearly not reliable. Before the order is made, the court hears the person from whom the court is requested to take evidence, if that person requests this.

    Civil Procedure Overview: What is Subject Matter Jurisdiction?

    If evidence has to be taken outside of the territorial jurisdiction of the court conducting proceedings in a matter, the court considering the matter may make an order for performance, by letter of request, of a procedural act by the court within the territorial jurisdiction of which the evidence can be taken. An order on a letter of request sets out a brief description of the merits of the matter, the facts to be ascertained and the evidence to be taken. The participants in proceedings are given an opportunity to provide their opinion before amendment of the order, if this is possible.

    The participants in proceedings are informed, without delay, of amendment of the order on the taking of evidence. The participants in proceedings are notified of the time and place of the procedural act; however, the absence of a participant in proceedings does not prevent compliance with the letter of request. The participants in proceedings, their representatives and experts may participate in the taking of evidence to the same extent as they may participate in the taking of evidence in Estonia.

    The court panel dealing with the matter, a judge acting on the basis of an order or an expert appointed by the court may participate in such direct taking of evidence by an Estonian court in another Member State of the European Union, which is permitted by Article The party who has provided evidence or requested the taking thereof may waive and withdraw evidence only with the consent of the opposing party, unless otherwise provided by law. Absence of a participant in proceedings summoned to court from a court session in which evidence is examined does not prevent the examination of the evidence unless the court rules otherwise.

    The participants in proceedings may provide an opinion concerning the taking of evidence. Thereafter the participants in proceedings may give statements with regard to such evidence. The court also initiates proceedings for preliminary collection of evidence in order to preserve the evidence if a person substantiates that their copyright and related rights, or industrial property rights have been infringed, or that a risk of infringement exists.

    If preliminary collection of evidence is initiated in order to safeguard evidence due to an infringement or risk of infringement of copyright and related rights or of industrial property rights, the court may, among other things, arrange the inspection and recording of a detailed description of samples with or without storing the samples, or seize the infringing goods, or the raw materials, equipment and related documents necessary for the production or marketing of the goods in accordance with the rules for securing actions.

    If proceedings for preliminary collection of evidence are followed by court proceedings, the applicant may not rely on the fact that the matter does not actually belong within the jurisdiction of that court. The order sets out the facts concerning which evidence must be taken and specifies the evidence which must be taken. The term shall not be longer than one month.