Proceedings in court

A court shall decide on the acceptance of a statement of claim within 20 days after the filing thereof. If a statement of claim does not contain the data required by law or the claim of the plaintiff is not clearly expressed or is absent or a statement of claim is filed in one copy or the annexes specified in a statement of claim are not annexed thereto or the state fee is not paid, the court will notify the plaintiff about the deficiencies of the statement of claim in writing and demand the elimination of deficiencies by a specified due date. If the person filing a statement of claim fails to comply with the demand of the court by the due date, the court will refuse to accept the statement of claim and will return it.

A court will refuse to accept a statement of claim and will return it if:

• the statement of claim does not fall within the jurisdiction of the court pursuant to civil procedure;
• an interested person who has taken recourse to the court has failed to comply with the procedure provided by law for prior extra-judicial adjudication of such matter;
• there is a judgement or a decision of a lease committee which has entered into force and which has been made on the same basis in a dispute between the same parties concerning the same object of the action, or if there is a court ruling on acceptance of discontinuance of the action by the plaintiff or on approval of a settlement of the parties;
• a dispute between the same parties concerning the same object of the action on the same basis is being heard by a court;
• a dispute between the same parties concerning the same object of the action on the same basis is being heard by a labour dispute committee or a lease committee;
• the parties have entered into an agreement for referral of the dispute to arbitration;
• the matter does not fall within the jurisdiction of the court;
• the statement of claim is filed by a person without active civil procedural legal capacity;
• the statement of claim is filed on behalf of an interested person by a person without authorisation;
• there is a settlement approved by the Chancellor of Justice which has been made on the same basis in a dispute between the same parties concerning the same object of the action.

After acceptance of a statement of claim, pre-trial proceedings are conducted in which the court thoroughly prepares the matter so that it can be adjudicated without interruptions in one court session.

A court will ascertain the following in pre-trial proceedings:

• the claims of the plaintiff, the defences of the defendant, the positions of third parties and the reasons provided by such participants in the proceedings;
• the evidence on which the allegations of the participants in the proceedings are based and the facts to be proved by such evidence;
• whether it is possible to adjudicate the matter by a settlement or in some other manner during the pre-trial proceedings;
• the participants in the proceedings and the means of summoning them to a court session;
• whether the parties want the matter to be heard collegially.

If a court has verified whether the dispute falls within the jurisdiction of the court, whether the statement of claim complies with law and, where necessary, has obligated the plaintiff to eliminate the deficiencies of the statement of claim, the court will send the statement of claim to the defendant and request that the defendant give written objections. A court will send copies of the written answer of the defendant and of documentary evidence annexed thereto to the plaintiff. A defendant must take it into account that if he or she fails to reply to the court by the due date or if he or she fails to give reasons in the reply as for why he or she does not admit the claim, the court will have the right to satisfy the action by a default judgement.

If necessary, a court will notify the state and local authorities concerned about filing an action and ask for their opinion. In pre-trial proceedings a court also adjudicates the applications and letters of request of the participants in the proceedings (the plaintiff, the defendant and the third person).

Thereafter the court will set a preliminary hearing date. If a court holds a preliminary hearing, it must be held within two months after filing the statement of claim. A court shall summon the participants in a proceeding to a preliminary hearing. A court may deliver a summons by telephone, facsimile or other means of communication.

If the register contains no information on the address of a person or if the person does not live at the address indicated in the register or if the actual location of the person is unknown, the person will be summoned to court by a notice in the newspaper. The notice will be published in the official publication Ametlikud Teadaanded at least twice and with an interval of at least one week.

If an addressee refuses to accept a summons, the person serving the summons will make a notation thereof on the summons and confirm the notation by his or her signature. He or she will return the summons with the notation to the court. In such case, the addressee is deemed to be served with the summons.

• During a preliminary hearing, the parties and other participants in the proceedings will explain all their claims and objections orally to the court and specify all the evidence on which their claims and objections are based. If a participant in proceedings wants a witness to be heard by the court, the participant in the proceedings must communicate the name and postal address of the witness and the facts to be proved by the testimony of the witness.
• In a preliminary hearing a court will verify the relevance and admissibility of the evidence and whether documentary evidence is submitted pursuant to the provisions of law.
• A defendant declares whether he or she wants to file a counterclaim or admit the claim.
• A court will explain the consequences of termination of the proceedings in the case of a settlement of the matter by the parties or the discontinuance of the action, and the consequences of failure to appear in a court session to the parties.

In a preliminary hearing a court will, taking into consideration the opinions of the parties, determine the date, time and place of a court session. If the parties apply for the adjudication of the matter on the merits or the court itself finds that the adjudication of the matter is possible, the court session may be held and the merits of the matter may be adjudicated immediately as a continuation of the preliminary hearing. If a court session cannot be held immediately as a continuation of the preliminary hearing, the court must hold a court session within three months after filing the statement of claim. The persons concerned will be notified about the time (the date and time) and place of a court session (the name of the court, the address, the number of the courtroom) against signature in a preliminary hearing or by summons.

In a court session a matter is adjudicated on the merits. Hearing of matters in a court session is oral and direct – it means that a court will hear the statements of the participants in the proceedings and the testimonies of the witnesses, examine expert opinions and documentary evidence, inspect physical evidence and conduct on-the-spot visits of inspection.

A matter will be heard in a court session pursuant to the following procedure:

• the plaintiff submits the claims;
• the defendant makes known whether the defendant admits or contests the claim;
• a third party with an independent claim with regard to the object in dispute submits the third party claim;
• the participants in the proceedings give statements to justify their positions and submit their objections to the positions of the opposing party;
• the parties submit any evidence not submitted in the pre-trial proceeding unless a different term had been specified for the submission thereof;
• the court verifies the relevance and admissibility of the submitted evidence. In other words, the court decides whether the submitted evidence is relevant and whether proving the given legal relationship with the submitted evidence is permissible by law;
• the court examines all accepted evidence. In this phase the witnesses and experts are heard;
• the participants in the proceedings are given the floor for summations. Participants in proceedings have the right to make closing arguments in the summations. After the closing arguments, a participant in the proceedings may rebut the closing arguments of other participants in the proceedings.

A court may limit the number of people in the courtroom if it is overcrowded and prohibit photographing, filming or broadcasts via radio or television being made or audio or video recordings in a court session if this is likely to disturb the hearing of the participants in the proceeding, witnesses or experts, or hinder the administration of justice in any other manner. A court has the right to fine and remove from the courtroom any person who photographs, films, makes radio or television broadcasts or audio or video recordings in the courtroom in disregard of the prohibition of the court.

A court may declare that a session or a part thereof be held in camera:

• to maintain a state or business secret;
• to protect morals or the private or family life of a person;
• to maintain the confidentiality of messages sent or received by a participant in the proceedings by post, telegraph, telephone or other commonly used means;
• to maintain the confidentiality of adoption;
• in the interests of a minor;
• in the interests of the administration of justice;
• to hear a person who is up to 15 years of age, or who has a mental disorder or mental disability.

At a court session held in camera the participants in the proceedings and, if necessary, also the witnesses, experts, interpreters and translators will be present at the hearing of the matter. Court officials, trainees, and persons with a particular reason therefor may also be present at a court session held in camera with the permission of the presiding judge.