I have looked at litigation mediation and conciliation and welcome and preparation in separate articles. In this article, I will examine the the main hearing. The main hearing is the second main stage of the procedure, along with the preparation. All stages of the proceedings aim at a successful resolution of the case at the main hearing. If the case is poorly prepared or key evidence is not presented, it may be difficult or even impossible to correct errors at the main hearing
The proceedings culminate in the main hearing. The main hearing is where the case is decided and therefore who loses and who wins the case. It is therefore important for the parties that the main hearing goes smoothly and that the court can be convinced of their position.
If the case is simple, the main hearing can be held immediately after the preparatory hearing. In slightly more complex cases, the clear rule of thumb is that the preparatory hearing and the main hearing are held at different times. Unfortunately for both the parties and their counsel, the main hearing can often take place months after the preparatory hearing.
Conduct of the main hearing
The order of the main hearing is laid down in the Code of Procedure. According to this provision, unless the court decides otherwise, the order of the main hearing is as follows:
1) at the beginning of the hearing, the court must briefly summarise the conclusions reached in the preparation of the case and ask whether the claims made in the preparation still correspond to the position of the parties.
2) the parties shall each in turn state the reasons on which they are relying and submit observations on the arguments of the opposing party.
3) the court must take evidence and
4) the parties must submit their final submissions.
Start of debate the court will briefly explain - using a written summary drawn up during the preparation - what the preparation of the case has led to. If the arguments put forward during the preparatory phase are still in line with the parties' positions, the court will proceed to the so-called "case hearing". At the hearing, the parties to the case argue their case and respond to the arguments of the opposing party, for example by challenging the opposing party to make a related inconsistency. Typically, the statement of the case will at least state in general terms the facts that the evidence is intended to prove.
Receipt of evidence the purpose is to convince the court of the existence of a cause of action by presenting evidence (i.e. proof) - that is, to try to prove a fact or matter. Although the evidence has already been identified and dealt with at earlier stages of the proceedings, it is only at the main hearing that it is presented and received. Our law recognises five types of evidence: 1) hearing the parties to the case, 2) witnesses, 3) expert evidence, 4) written evidence or documentary evidence and 5) inspection.
Final debate the parties in the case present what is known as a closing statement. The main purpose of the closing statement is to convince the court of the correctness of its own position and it should set out its views on the evidence presented, the legal issues in the case and the resolution of the case. Once the closing statements have been heard, the case is left to the court to decide.
Judgment and appeal
The decision on the dispute is given either immediately after the hearing or later at the district court registry. If a party is dissatisfied with the decision, it can appeal to the Court of Appeal. If no appeal is lodged within the time limit, the judgment becomes final, i.e. legally binding, after which it is valid as a basis for enforcement, for example in the case of enforcement.
Article written by a lawyer Santeri Valkamo. You can always call him free of charge on 010 299 5090. You can check our price list Here.
Related articles:
Dispute mediation & conciliation
Initiation & preparation of a dispute
The course of the dispute process