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Regulation (1996:379) With The Court Of Instruction

Original Language Title: Förordning (1996:379) med hovrättsinstruktion

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Organization, etc.



1 §/expires U: 2016-09-01/

In each court is a Court of appeal president. In the courts of

See also judge lagmän, hovrättsråd vice

the President of the Chamber, judge advice, technical advice,

court assessors, hovrättsfiskaler and other employees.



Unless otherwise specified, the provisions laid down in this

instruction on hovrättsråd also apply to hovrättsråd

vice President of the Department. Regulation (2010:989).



the entry into force of § 1/in: 2016-09-01/

In each court is a Court of appeal president. In the courts, see also appeals judge lagmän, who is also the Vice-President hovrättsråd on title, hovrättsråd, patent counsel, technical advice, court assessors, hovrättsfiskaler and other employees.



Unless otherwise specified, it shall be provided for in this regulation on hovrättsråd also apply to hovrättsråd and vice Chairman of the Department. Regulation (2016:237).



section 2 of the Court President is the administrative head of the Court of appeal.

Court of appeal President is responsible for the operations and shall ensure

that it is carried out effectively and in accordance with applicable law and the

obligations of Sweden's membership of the European

Union and to the Court of appeal do well with State funds.

Regulation (2007:1086).



2 a of the law the President is obliged to by the Court of appeal

implement the internal control as the Swedish national courts administration

responsible for under the Regulation (2007:1073) with instruction

for the Swedish national courts administration. Regulation (2007:1086).



section 3 On each of the courts, there are number of departments

as the Court determines, as well as an administrative unit. For the

administrative unit is a Manager. Regulation (1998:1802).



4 section a section composed of ordinary members,

Court of appeal assessors or other co-opted members,

hovrättsfiskaler and other staff in accordance with what the Court of appeal

determines.



The Court of Appeal divided the members into service on board

the titles for a specific period of time. Regulation (2001:984).



4 a of A juror who has been designated for service in

the Court should undergo induction training before

service begins.



If a juror has undergone induction training should

He or she shall undergo recurrent training within six months

After the beginning of the period.



The Court of appeal shall, after consultation with the judiciary, responsible for

to the lay judges be given introductory and refresher training

and regular information. Regulation (2014:1354).



paragraph 5 of the Director of the President of a Chamber is

Court of appeal President or a judge the Chief Judge. If it is on a

title that is not headed by Court President has several

Appeals judge lagmän, determines the magistrates of the Court of appeals judge who

who is head of the Department. The head of the Department leads

the work on this and divide the members into

' service.



Tasks involving the leadership of the ordinary judge may

be exercised only by the Court of the President or a judge the Chief Judge.

Regulation (2014:1404).



section 6, when the Court of appeal President participates in the work of a Department

for the word on his or her Department.



section 7 of the head of the Department, in accordance with the guidelines

the Court of Appeal decides and according to the training plan

The Swedish national courts administration determined in consultation with the courts to ensure

to hovrättsfiskalerna, a comprehensive and developmental

training as well as provide testimonials of their service.



For each appeal, the Court shall appoint a member who

supervisor. The supervisor shall be appointed who have particular

interest and is otherwise appropriate for the mission.

Regulation (2014:1404).



§ 8 the head of the Department shall have a Deputy who

assists him or her at work. Deputy is a

the Chief Judge or a Deputy Chairman.



Vice Presidents shall according to the directions that the Court

notifies especially follow the administration of Justice on the Court of Auditors '

departments and work to ensure a uniform application of the law.

Regulation (1998:1802).



8 a of the rules of procedure, the Court of appeal, to the regulations

needed if the organisation of the Court and the procedures for

Court of Auditors ' activities.



A Court of appeal may, in its rules of procedure provide, or in

a case-by-case basis, decide who gets to ask for explanations,

information or opinions in administrative matters.

Regulation (2007:1086).



Scope of authority



§ 9 the following provisions in the Government agencies Ordinance (2007:515)

applied to courts of appeal:



section 6 of General information,



section 8 if the employer's policy,



19 § about cost implications, and



paragraph 21 of the decision of the Agency.



The provisions of sections 19 and 21 applies, however, only in the case of

administrative issues. Regulation (2007:1086).



The distribution of cases



10 § matters shall be divided between the organizational

devices as specified in the rules of procedure.



The distribution of cases and applications shall be made by drawing lots.

Exemption from the requirement of balloting may be made



1. in case or cases of particular species,



2. for cases or cases from a particular part of the jurisdiction,



3. in order to target, or cases that have relationships to

be dealt with by the same organizational unit, and



4. in order to achieve a distribution of cases between the

Court judges of the Court who otherwise appear to be reasonable.

Regulation (2003:325).



repealed by section 11 of the Regulation (2003:325).



section 12 is repealed by Regulation (2003:325).



section 13 Has been repealed by Regulation (2003:325).



section 14 the court notifies the additional provisions required

If the distribution of the cases on the organisational

the devices. Regulation (2003:325).



The handling of the matters



section 15 for each destination and the file shall at all times

be a responsible judge.



The detailed responsibilities shall be shown by

the rules of procedure. Responsibilities shall be arranged so that

responsibility shall be exercised in an effective manner.

Regulation (2003:325).



section 16 of a single judge may take measures for the preparation of

goals and issues. He or she shall not, however,



1. decide on assistance in civil litigation or the use of

coercive measures in criminal cases, when this is brought in the Court of appeal,



2. keep the oral hearing pursuant to chapter 52. section 11 of the

the code of judicial procedure,



3. reject the investigation,



4. reject agents, assistants or defender,



5. impose periodic penalty payments and other penalties on the grounds that

orders are not followed,



6. order the other person enquiry than that referred to in

Act (1991:2041) if the particular person investigation in criminal matters,

accommodation,



7. decide with regard to the commissioning of an opinion by an expert

in case or case in the land and Environment Court, and



8. decide if the examination referred to in Chapter 3. section 4 of the Act

(2010:921) if the land and Environment Court.



If there are special reasons, judge to the Division

refer a question to which he or she is competent to deal with.

Regulation (2010:989).



16 a of a clearing basis pursuant to section 16 of the regulation

(1996:271) if the matters in court shall be established

the judge-rapporteur. Regulation (2000:680).



section 17 of the Court of appeal may order the hovrättsfiskaler, other scholars

employees or court clerks, which has sufficient

knowledge and experience as closer is shown by

second subparagraph shall, on his own responsibility, prepare the case or cases on the way

as indicated in paragraph 16. An order for a

court clerks may not, however, refer to



1. the appointment or replacement of counsel,

Counsel, public counsel or public

the Defender,



2. the granting of legal aid, or



3. writ of personal investigation in criminal cases.



Dispositions referred to in the first subparagraph may not relate to goals or

issues that require special knowledge or experience. Arise

an issue that requires particular knowledge or experience, the

who is responsible for the preparation of the report the issue immediately

responsible judge. The same applies to an issue that should be referred

to the Department. The court announces additional instructions on

When such a notification shall be made. Regulation (2003:325).



section 18 the Court of appeal may order the employees have sufficient

knowledge and experience, on its own responsibility



1. keep diaries,



2. to the extent that the Court of Appeal determines the handle such

correspondence arising from the provisions of laws or other

constitutions,



3. sign and dispatch



a) summonses, subpoenas and other messages, however, does not

sign the summonses under the Act (1974:752) of Nordic

witness duty, etc.,



b) appointments of counsel, counsel,

public counsel and the public defender,



c) decisions on personal investigation and a medical certificate under the Act

(1991:2041) if the particular person investigation in criminal matters, etc., and

request for an opinion from the prison system according to Chapter 5. § 9

Ordinance (1998:642) on the enforcement of free-care penalties,



4. discharge of the Court information in connection with the service;



5. dispense judgments, decisions, minutes and other documents,



6. bring the notes about the rättshjälpskostnader that has

provided for,



7. issue lagakraft and registration certificate,



8. carry out tasks under the Regulation (2003:234) if time

for the provision of judgments and decisions, etc. and

fee Regulation (1992:191),



9. decide on compensation in accordance with the Regulation (1982:805) if

reimbursement of public funds to the witnesses, etc. and if

remuneration of interpreters,



10. management of imprest Fund and pay out cash advances and

benefits of public funds to parties, witnesses, experts

et al.,



11. to receive appeals against court judgments or decisions and


examine whether the appeal has been submitted in a timely manner and, if

the case, to take the measures that this prompts,



12. perform tasks under the Regulation (1996:271) If target

and cases in civil courts in the case of notifications and

notes about misdirected correspondence,



13. carry out renovations in objectives, and



14. appoint an interpreter. Regulation (2005:1016).



§ 19/expires U: 2016-09-01/

When a case or matter shall be preferred, this is done by a

legally qualified staff member or technical advice.

Regulation (2010:989).



the entry into force of section 19 of/in: 2016-09-01/

When a case or matter shall be preferred, this is done by a legally qualified employee, a patent advice or technical advice.

Regulation (2016:237).



section 20 a case or matter shall be settled as soon as possible.

A case or matter or a question that has come up in the goal

or matter shall be dealt with as a matter of priority, if the case, case

or the issue of any particular reason should be settled promptly.

What matters is the priority goal or priority issues

determined in the rules of procedure.



section 21 questions about leave to appeal pursuant to Chapter 49. 12 and 13, §§

the code of judicial procedure and 39 § law (1996:242) if court cases

should be taken up as soon as it can be done. Regulation (2010:989).



paragraph 22 of the judgment or decision shall be notified as soon as it can

take place, if the decision has been made after a presentation.



Can the judgment or decision is not notified within six weeks after

presentation with respect to the target, the or query

range or art in General, or for any other reason,

the Court may decide that the judgment or decision shall be communicated to the

within specified time. This should not be longer than that

is strictly necessary.



section 23 when dealing with three or more members shall

the Chairman be professional judges in the Court of appeal or of the

the Government for some time employee appeals judge chief judge or

hovrättsråd vice President of title. At least

an additional Board Member shall be or have been regular

judge. An employee of the Government for some time Alderman in

District Court or an equivalent hyresråd this with a regular

judge.



If there are special reasons, the Court of appeal of a particular

case or case shall order the person who has been a judge

in the Court of appeal or the ordinary judges in another

the Court of appeals to serve as President. Regulation (2010:989).



section 24, Court of appeal President should participate when the Court determines objectives

taken up by the Court of appeal as the first court or if there is

specific reasons with respect to the target species.



The handling of administrative cases



section 25 of the Administrative cases determined by the Court President.



Court of appeal President may refer cases to the College.

Regulation (2004:1211).



section 26/expires U: 2016-09-01/

The plenary consists of the Court of the President as Chairman,

the Magistrates Court, judge the advice, technical advice,

Court of assessorerna and the co-opted members who have

designated for at least six months, and the Manager of the

administrative unit. The full Court also includes all of the

the Government for some time employees appeals judge lagmän or

hovrättsråd vice President.

Regulation (2010:989).



entry into force section 26/in: 2016-09-01/

The plenary consists of the Court of the President as Chairman, the Magistrates Court, judge councils, councils of the patent, technical advice, court assessorerna and the co-opted members who serve for at least six months, and the head of the administrative unit. The full Court also includes such appeals judge lagmän and hovrättsråd vice President who is employed by the Government for some time. Regulation (2016:237).



paragraph 27 of the College consists of the Court of appeal President as President, a

or more appeals judge lagmän, up four, and the head of the

administrative unit.



For each Member of the Court of appeal other than the President and Manager of the

the administrative unit shall have a personal

Deputies, entering at maturity for the honourable Member. The Deputy

shall be a Court of Chief Judge or, if one does not exist to

available, a hovrättsråd vice President of title.



Plenary elects the members and deputies of the College.

Members and deputies shall be employees of the Court of appeal and

serve there. They are appointed for a period not exceeding one year at a time.

Regulation (2004:1211).



section 28 was repealed by Regulation (2004:1211).



section 29 is repealed by Regulation (2004:1211).



section 30 of the administrative matters shall be determined in accordance with

the individual judge's independence in judicial and

law-enforcement tasks.



Court of appeal President shall consult with the College before he or

She decides cases involving



1. more important questions about the organisation of the Court or

forms of work, or



2. the rules of procedure.



Before cases on approval for the employment of

court assessors determined consultations shall take place with the heads of the

departments where fiskalen longer has served as

co-opted member. Regulation (2004:1211).



section 31 Has been repealed by Regulation (2004:1211).



32 repealed by Regulation (2004:1211).



33 § Court President may Commission a Department or any

employed at the Court of appeal in its stead decide

administrative issues. A composition of Department

decision of an administrative case is determined by the

Court of appeal President. Regulation (2004:1211).



34 § in administrative issues as having been referred by

Court of appeal President are dealt with in the College's Court

a quorum when at least half of the members who will attend are

at present. Regulation (2004:1211).



35 § administrative issues that are dealt with in College, is determined

After the presentation unless the Court President decides something

other things. Such cases are preferred by the Court President

appoints. Regulation (2004:1211).



Employment, etc.



36 repealed by Regulation (2010:1802).



37 §/expires U: 2016-09-01/

Provisions relating to the appointment of Justice,

Appeals judge Chief Judge, who is also the vice Chairman of hovrättsråd

Department, other hovrättsråd and technical advice available in Act

(2010:1390) appointing judges.



The Court shall notify the courts when there is an available

employment as professional judges who need to be added.



If a judge Chief Judge, a hovrättsråd vice President

on Department or technical advice has been granted leave

is estimated to be at least one year in a row, hired a temporary worker through

decisions by the Government after proposal by the Board of judges. The same

true if such a judge for anything other than vikariats purposes

shall be appointed for a limited period of time.



At temporary employment as a substitute for regular judges

does not apply to paragraph 5, second subparagraph, Act (1982:80) if

employment protection. Regulation (2010:1812).



the entry into force of § 37/in: 2016-09-01/

Provisions relating to the appointment of Justice, Court Chief Judge, who is also the Vice-President hovrättsråd in the title, other hovrättsråd, patent counsel, and technical advice, see Act (2010:1390) appointing judges.



The Court shall notify the courts when there is a vacant position as ordinary judges who need to be added.



If a judge Chief Judge, a hovrättsråd vice President of title, a patent advice or a technical advice has been granted leave which is estimated to be at least one year in a row, hired a substitute by order of the Government after proposal by the Board of judges. The same applies if such judges shall be appointed for a limited period of time for purposes other than vikariats.



At temporary employment as a substitute for regular judges do not apply to paragraph 5 of the second paragraph, Act (1982:80) employment protection. Regulation (2016:237).



38 section Other positions are decided by the appeals court.



Only Swedish citizens may hold or exercise a

appointment as head of the administrative unit or as

legal clerk. Regulation (2001:984).



section 39 by employment of court assessors and hovrättsfiskaler

do not apply sections 6 and 7 of the Employment Ordinance (1994:373).



An application for a job as a legal clerk expires

six months after the date on which it has been submitted to the Court of appeal.

When an application has expired, the applicant shall be informed

If the Regulation (2001:984).



section 40 of That associate judge may be employed only if you have

served



1. during a year as clerk,



2. for two years as Chief Judge, District Court judge or Assistant judge in the District Court,

and



3. for a period of one year as an adjunct member of the Court of appeal.



A Combs associate judge may be employed to perform a

court assessors work tasks.



For Assistant judge who has served on the Court with the administrative

data gets half of the length of service, up to and

by six months, comparable to service as Assistant judge in

District Court.



In cases other than those referred to in the third subparagraph shall be assimilated

service as Assistant judge in the District Court for up to six

months of service in other court or quasi-judicial

Board provided that fiskalen has served at least

six months as Assistant judge before the time desired

be counted. Regulation (2007:1086).



41 § legal clerk may be employed only as



1. meet the requirement under the Ordinance (2007:386)

If proficiency test for competence as judges, etc., and



2. acquired the law clerk, according to the notarial regulation

(1990:469).



The Court may in a particular case may decide to derogate from


requirement provided for in the first subparagraph 2, if there are special reasons.



Hovrättsfiskalen shall be probationary under the Act (1982:80)

employment protection with a trial period of six months. A

legal clerk who has completed överrättsnotarietjänstgöring

According to the Regulation (1998:1238) about the trials at

courts of appeal and rights should not be probationary.



A junior judge who has completed his probationary period shall

perform a court fish als tasks.

Regulation (2008:423).



42 § When a law the President is prevented from exercising his

employment or when the position is vacant, is exercised

the employment of the senior Court of Law Office of

ordinary members, if the Government does not have hired another

substitute.



43 §/expires U: 2016-09-01/

If a member is on leave, he or she shall in the first instance

replaced by the tasks should be redistributed.



In the case of judge lagmän, hovrättsråd vice

the Chairman of the Department and technical advice, the Court of appeal

hiring a substitute if substitution is estimated to be no more than one year

in consequence. As a replacement or substitute for judge lagmän or

hovrättsråd vice President of Department hired

or hired a hovrättsråd. As a replacement or substitute

for technical advice, hired or employed a technical advice.



Instead of a vacant hovrättsråd serving a

associate judge. Regulation (2010:989).



the entry into force of § 43/in: 2016-09-01/

If a member is on leave, he or she shall in the first instance, be replaced by the tasks should be redistributed.



In the case of judge lagmän, who is also the Vice-President hovrättsråd on title, patent counsel, and technical advice, the Court of hiring a substitute if substitution is estimated to be a maximum of one year in a row. As a replacement or substitute for judge lagmän or hovrättsråd vice President of Department hired or employed a hovrättsråd. As a replacement or substitute for patent counsel engaged or employed a patent counsel. As a replacement or substitute for technical advice is hired or employed a technical advice.



Instead of a vacant hovrättsråd serving an associate judge. Regulation (2016:237).



section 44 the Court of appeal may order the adjunct Member



1. a person who is or has been a judge or

is or has been employed by the Government for some time Chief Judge

or District Court judge,



2. a person who has been hired as associate judge or

a junior judge and subsequently served during

a total of at least one year as Assistant judge,

förvaltningsrättsfiskal, the District Court judge or the Chief Judge,



3. a Prosecutor,



4. a legal expert professor or associate professor in a

study subject or any other legally qualified person with

many years of experience in an area of law that occur in

the Court of appeal,



5. a member of the Swedish Bar Association, or



6. the as before has been co-opted.



The Court of appeal may, for a particular case or a particular meeting day

Adjunct member, order the person who has served

at least one year as a legal clerk, but that does not meet the

the provisions of item 2 of the first paragraph, if not a competent Member

available. Regulation (2009:882).



paragraph 44 (a) Before a jury begins a period of service in the

Court to the Court of appeal to obtain information about him, or

her out of criminal records under the Regulation (1999:1134)

If the load tables, if not prohibited under

section 7 of the Act (1998:620) on load records. Law (2014:907).



Tjänstgöringsskyldighet, etc.



repealed by regulation 45 (2010:989).



46 § court assessors are required to serve as

Registrar of the Supreme Court, Chief Judge or

District Court judge in the District Court, as a member of a different court than the

found in a maximum of one year, and as a hyresråd for a maximum period of six

months.



Court assessors are also otherwise required to carry out

judgments in a District Court. Regulation (2010:1802).



47 § Hovrättsfiskaler who has served at least one year is

obliged to serve as associate judge and Chief Judge,

the District Court judge or Assistant judge in the District Court. Regulation (2001:984).



48 § court assessors or hovrättsfiskaler is required to

Cancel an ongoing service in a District Court or a

the rent Board to receive a writ in the Court of appeal, or

another appointment in a District Court or a tenancy mentioned in

the Court of appeal.



Holidays



49 section unless the Government or the judiciary according to specific

regulations on leave for judges shall decide on

leave, leave for the Court of Appeal decides on its own staff.

Regulation (1996:1121).



50 repealed by Regulation (1996:1121).



51 repealed by Regulation (1996:1121).



Anställningars termination, etc.



anställningars § 52 issues of termination pursuant to section 6 of the Act

(1994:261) if proxy employment be examined with regard to

Court of the President of the Government and in other cases of

The Swedish national courts administration.



Courts exercising authority pursuant to section 33 also

second subparagraph, Act (1982:80) employment protection, when

the provision is applicable in relation to workers

is appointed by order of the Government.



53 repealed by Regulation (2010:989).



54 repealed by Regulation (2001:984).



section 55 of the State disciplinary board decides on matters of discipline, responsibility,

notification of charges and dismissal in the case of court assessors,

other co-opted members and hovrättsfiskaler.



Courts decide on such matters as regards other

employees than ordinary judges and the employees referred to in

the first paragraph.



A report to the State's disciplinary board under section 15, first subparagraph

Employment Ordinance (1994:373) is made by the Court of appeal when it

for other ordinary court judges than the President, and when

it applies to employees referred to in the first subparagraph.



Of the Act (1975:1339) if the Attorney General's oversight and the law

(1986:765) with instruction for the parliamentary ombudsmen, it follows that

The Chancellor of Justice and the Parliamentary Ombudsman is authorized to

make such a notification regarding the Court President.

Regulation (2001:984).



55 a of one professional judge who wish to remain in employment

After reaching the age of retirement obligation shall apply for this

in the Swedish national courts administration. The application shall be submitted to the Swedish national courts administration

not later than four months before the applicant reaches that age. If

Judicial authority considers that the application should not be granted, shall

the case is handed over to the Government. Regulation (2005:770).



section 56 questions about sideline referred to in 7-a-7 d of the Act

(1994:260) on public employment are handled and examined by

the Government when it comes to justice. Regulation

(2001:984).



Appeals against administrative decisions



the decision of the Court 57 § in other administrative issues than

employment matters may be appealed to the Judicial authority, unless the

anything else is legally required.



The decision of the Court in case of replacement of a regular judge

may be appealed to the Board of judges. The Board's decision in such

cases may not be appealed.



Decision on the Division of judges on organizational units, if

to a particular case or matter shall be assigned to a particular

organizational unit and on the allocation of responsibility for a

particular goal or case may not be appealed.

Regulation (2008:423).



Transitional provisions



1996:379



1. This Regulation shall enter into force on 1 July 1996.



2. The regulation repeals Regulation (1979:569)

Court of Appeal Division instruction.



3. In water objectives referred to in paragraph 4, first sentence, and paragraph 5 of the law

(1983:292) for the inclusion of the Water Act (1983:291)

the provisions of section 19 of the regulation 7 and 8 (1979:569)

Appeals judge instruction in force before 1 January 1984.



4. in the case of the one that has been adopted as a fiscal before 1

January 1985, section 51 applies Regulation (1979:569)

Appeals judge instruction in its version prior to January 1, 1985.



5. a person who has been adopted as a legal clerk before 1 July 1990

get appointed to the associate judge after six months

service as Adjunct member, if he or she has

served for at least two years as Chief Judge, District Court judge or Assistant judge

in the District Court.



1999:1386



This Regulation shall enter into force on 1 February 2000. For the

hired as a legal clerk, before 1 February 2000

for older provisions. For those who are employed as

legal clerk during the period 1 January 2000-31

August 2001 the following term in District Court

to get admitted to the associate judge



1. one year and two months for an official who is employed

during the period from 1 January 2000 until 30 april 2000,



2. one year and four months for a legal clerk who is hired

during the period from 1 January 2000 until 31 August 2000,



3. one year and six months for a legal clerk who is hired

during the period from 1 January 2000 until 31 december 2000,



4. one year and eight months for a legal clerk who is hired

during the period from 1 January 2001 until 30 april 2001, and



5. one year and ten months for a legal clerk who is hired

in the meantime, on 1 May 2001 until 31 August 2001.



2001:984



1. This Regulation shall enter into force on 1 January 2002.



2. For those who have been hired as överrättsnotarie before the

1 January 2002 applied Regulation (1998:1238) if

experimentation at the courts of appeal and the dishes.



3. For a legal clerk who have completed operating as

överrättsnotarie under piloting at

courts of appeal and courts as shall be överrättsnotarie the time Chamber


equated with time as clerk.



4. For those who started before 1 January 2002 Service

as an adjunct member of the Court of appeal case of older provisions.



2006:1419



This Regulation shall enter into force on 1 January 2007. Older

regulations still apply to the appeal of the decision in

such matters relating to the employment of court assessors and

hovrättsfiskaler given before the entry into force.



2014:907



1. this Regulation shall enter into force on 1 september 2014.



2. The provision in section 44 shall apply for the first time for the

jurors who are appointed for a period of service as

beginning January 1, 2015.



2014:1354



1. this Regulation shall enter into force on January 1, 2015.



2. The provision in paragraph 4 (a) shall be applied first

time for the jurors whose duty period starting on 1

January 2016, even re-elected jurors.



3. Older provisions still apply for the jurors

whose term expires by 31 december 2015.