The scope of the law
section 1 of this Act apply to the proceedings in the District Court, Court of appeal and the Supreme
the Court of such matters which non shall be entered by a
District Court and shall not be dealt with under the code of judicial procedure.
2 § If another law than administrative law (1986:223) contains a
provision that deviates from this Act, apply to that provision.
The composition of the courts, etc.
section 3 of the terms of courts and judges apply 1-4 chapter.
the code of judicial procedure. In dealing with a case includes the District Court
by a legally qualified judges. If there are special reasons given
the nature, the District Court, however, consist of three such
judge. As regards the composition of the Court applied
the trial bar rules for civil proceedings. At the vote
apply 16 or 29 Cape. the code of judicial procedure. A dissenting
shall be recorded.
When an employee who is not legally qualified judge dealing with a case
According to a special regulation concerning the rules on conflict of interest in Chapter 4.
the code of judicial procedure.
How the case begins at the District Court
section 4 of The who wants to initiate a case on the District Court by notification,
the application, appeal or otherwise shall make this
in writing. The Government may, for certain types of cases to determine that the
may be made in other
form.
§ 5 an individual party's first letter to the District Court to
State the party's
1. name and personal identity number or corporate registration number,
2. the mailing address and the address of the place of work as well as
cases other address where the party can present for the service,
3. telephone number of the home and the workplace, and
mobile phone numbers, with the exception of the number that refers to a
secret telephone subscriptions that need be stated only on the
the District Court requests it,
4. email address, and
5. other circumstances of importance for the purpose of service with
party.
If the individual has a representative, the corresponding
information shall be provided even if the statutory representative. Have the individual
designated agent, the agent's name, postal address, e-mail address,
telephone number of the workplace and mobile phone number specified.
Is there a single defendant in the case, to the initiating
the case of the defendant in the case referred
in the first and second subparagraphs. A statement of the opposite party or his
substitutes ' place of work, telephone number, email address and
agents do, however, need be made only if the information is available
without a specific investigation of the initiating case. Miss
the respondent known address, shall be provided if the investigation
been done to determine this.
The data shall apply to the conditions when the information is given to the
the District Court. If any of these conditions change, or if a
task is incomplete or incorrect, it shall immediately be notified
to the District Court. Law (2010:1966).
section 6 of the application shall contain information on the
1. What is claimed,
2. the circumstances relied upon in support of the claim and
3. the evidence relied upon and the things which shall be established by each
particular evidence.
Written evidence shall be submitted together with the application.
paragraph 7 of the notice of appeal shall contain the
1. the decision under appeal,
2. in which part the decision appealed against and the modification of the decision
claimed,
3. the grounds for the appeal and in what respect the reasons for
the decision referred to in the appellant's opinion is incorrect and
4. the evidence relied upon and the things which shall be established by each
particular evidence.
Documentary evidence shall be filed at the same time with the appeal.
section 8 Has an appeal submitted to the District Court instead of
to the administrative authority that issued the contested decision,
the District Court shall transmit the appeal to authority.
The appeal shall be deemed to have been received by the Agency on the date of the
come on in to the District Court.
District Court finds otherwise, in connection with a case begins
that it lacks jurisdiction to deal with the matter but to another court
would have jurisdiction, the District Court shall hand over the letter by
the case had been initiated to the Court, if the initiator
the case has not been something to object to this and it is not
There is no other reason for that letter to be handed over. The letter
shall be deemed to have been submitted to the Court later on the day of the
come on in to the District Court which first received the letter.
Flaws in an introductory letter, etc.
section 9 Of the letter by which the matter begun contains
shortcomings, the Court may order the party to remedy them within a certain
time. Has not paid the prescribed fee, shall be submitted to the
to pay. When there is a reason for it, the Court shall
order the party to submit proof of their competence to initiate
the matter before the Court of Justice or on who is standing in for a
party. If the case is inadmissible without the injunction followed,
shall be informed of this.
section 10 is not an injunction pursuant to section 9, the District Court
reject notification, application or appeal;
1. If the deficiencies are such that the letter sent by the case
been initiated cannot be the basis for any substance,
2. If the deficiencies concern the requirements of section 5 and not only make
importance of the issue of service or
3. If the prescribed fees have not been paid.
Expulsion shall take place even when there are no other obstacles to
trial. The question of whether an appeal has been submitted in a timely manner shall
However, be examined by the District Court only when an administrative authority has
decided on expulsion and the Authority's decision may be appealed to the
the District Court.
Decision the Agency's position in the appeal
section 11 if an individual is appealing an administrative decision by the authorities, is
the managing authority counterpart to the individual since the documents
in the case submitted to the Court.
General information on the processing of cases
paragraph 12 of the Court of Justice shall ensure that the case will be as common ground that its
nature requires and that no unnecessary drawn into the matter. By
questions and remarks, the Court shall seek to remedy the ambiguities
and imperfections in the parties ' representations.
section 13, the proceedings of the Court are written.
The procedure should include meeting when this can be assumed to be
for the benefit of the investigation or promote rapid settlement of the
case.
The Court may limit one sitting to examine the parties '
positions on the matter, to take up the oral evidence or on
the way which is otherwise appropriate.
section 14 the Court shall hold a meeting if requested by an individual
party. Meeting need not be held if the matter is not to be
to be admissible, if the ruling party fails or if a
meeting on the basis of any other special circumstance does not
needed.
The exchange of letters
section 15 if in case there is a party, the Court shall give
opportunity to reply within a specified time. The Court shall at the same time leave
a statement that the matter may be settled even if it does not
Enter an answer to the Court.
The first subparagraph shall not apply,
1. If there is no reason to assume that matter to any part
will be resolved to the disadvantage of the counterparty or
2. If the defendant is such a managing authority within the meaning of section 11 of the
and it is unnecessary to the authority shall be given an opportunity to respond.
section 16 of The given opportunity to respond shall do so in writing,
unless the Court determines that the answer may be given orally.
In response, the party set of the claims in the case or, as the case
has been initiated by a complaint, the action that the case concerns the permitted
or not permitted. If the claim or action is not permitted, shall
Party shall state the reasons and evidence offered in support. Written
evidence shall be filed with the Court.
section 17 the Court may submit to the parties to submit their comments within a specified period of time
in writing. In order to be taken into a statement that
the matter may be settled even if it does not enter such a thing
observations submitted to the Court.
Meeting
section 18 To a session, the Court shall summon the party. A
authority is the counterparty under section 11 does not, however, called other
than if the Court finds that the Authority's presence is needed for
the investigation of the case. Authority shall be informed of
the sitting.
In the notice, it shall be in an indication of the importance under section 20
of that the party does not appear at the hearing. If the Court finds that a
party should appear personally, the Court may impose a penalty.
In the case of compensation for the costs of party appearance applied
11 kap. section 6 of the code of judicial procedure. Law (1996:1653).
§ 19 is repealed by Act (2005:707).
section 20 that a party does not appear at the meeting does not prevent
Court hears and decides the case. If the District Court is the one that
initiated the case or in the superior court the appellant who fails,
case closed from further processing.
section 21 in respect of public access and order accommodation at a
meeting applicable Chapter 5. 1-5 and 9-12 of the code of judicial procedure.
During the meeting, there shall be notes about what
in this regard, concessions,
disputes, claims, objections and admission as well as on
the study presented at the meeting. Have the meeting
been restricted in accordance with section 13, must also be recorded.
In terms of documentation of stories submitted in evidence a view
and out of sight are applied Chapter 6. 6 and 6 (a) of the code of judicial procedure.
Act (2005:707).
Parties ' right to obtain information
section 22 a case cannot be decided without the party has a
knowledge of a task that has been added by someone other than
the party has had the opportunity to express their views on the task.
However, the Court may decide the matter without the transmission
1. If the ruling party fails to receive,
2. If the information is irrelevant or
3. If for any other reason is clearly unnecessary to
the party becomes aware of the task.
In the case of an authority which is the counterparty under section 11 of the need first
subparagraph of this paragraph shall not apply where this is unnecessary.
Evidence
section 23 in respect of evidence generally apply 35 Cape. 1-7 and 10
12 of the code of judicial procedure.
Written documents which are invoked as evidence shall be filed with
the Court without delay. The same applies to such items which
invoked as evidence and can be moved to the Court. If necessary,
the Court shall submit to the party who relies on the certificate within a certain
time to submit this. In order to be taken into an indication of
that the matter may be settled even if the party has not submitted
the proof.
section 24 witnesses at the hearing may be held. The hearing may
held under oath. Otherwise apply 36 Cape. 1-18 and 20-25 articles
the code of judicial procedure at the hearing. Act (2005:707).
section 25 in the case of documentary evidence shall apply 38 Cape. 1-5 and
7-9 of the code of judicial procedure. In the case of vision applied 39 Cape. 1 and
4-5 of the code of judicial procedure. In the case of expert applied 40 Cape.
the code of judicial procedure, does not, however, the reference in section 11 of chapter 36.
section 19 of the code of judicial procedure. Act (2005:707).
Security measures and inhibition
section 26 If it is of the utmost importance, the Court may, for the period until the
its that the matter has been settled to decide on such measures as
ensures that the case concerns. The measure concerns shall
prior to that, having had the opportunity to be heard, unless there is danger of
delay. The decision may be changed at any time.
A court shall adjudicate an appeal may decide that the
contested decision suspended must be enforced and also in
otherwise, decide on the matter until further notice.
Decision
paragraph 27 of the Court's decision will be based on what the documents
contains and what has occurred in the case.
If the case is initiated by an application or an appeal, may
the decision by which the case is decided does not go beyond what is requested.
When there are special reasons, however, the Court even without request
decide for the better for an individual party, if it is not to
the disadvantage of any conflicting individual interests.
section 28 Of the decision by which the Court decides the case, the
reasons which determined the end must appear, if the decision goes against any party.
The same applies to other decisions, if necessary. In a decision that involves
to appeal decision sets out the reasons need to be set only if
they depart from the reasons in the contested decision.
section 29 of the decision by which the Court decides the case is to be sent
to the parties on the same day that the decision is communicated to or, if the decision
to be announced at a meeting, within a week of the meeting. If
There is a dissenting, the attached.
section 30 of the cases where a decision can be appealed, the Parties shall be
Enlightenment on this.
The decision means that the matter is settled, the parties will receive information
If what to observe in an appeal. Have the matter not
settled, the Parties shall be informed that the following requests can get
such an indication from the Court.
It requires leave to appeal at the appeal, the Parties shall be
Enlightenment even thereof and of the grounds on which such a State
can be notified.
Immediate execution
31 § in the case of immediate enforcement of the decision of the Court of Justice
apply chapter 17. section 14 of the code of judicial procedure. A decision under section 26,
immediately enforceable.
Legal costs
32 section in a case where the individual is counterparties to each other,
the Court in application of chapter 18. the code of judicial procedure, order the
one party or his representative, agent or counsel to
replace the other party's costs in the case or the like
in court, paid for by public funds.
Correcting typos and the like
section 33 of a decision which contains an obvious irregularity resulting from
the Court's or someone else's typos, errors or similar
omission may be corrected by the Court.
If the Court inadvertently has not taken a decision which would have
a court in connection with a judgment, the Court may complete their
crucial in this regard within two weeks of the decision
It was announced.
Unless it is clearly unnecessary, the Parties shall have the opportunity to
before correction or completion takes place. The correction or
supplementation shall if possible be recorded on every copy of the
the decision.
Review of decisions
section 34 When a District Court in a case initiated by means other than
through the appeal considers that a decision which it has announced
Obviously inaccurate due to new circumstances, or by any
other reason, the Court shall amend the decision, if it can be done
quickly and easily and without being to the detriment of any
individual Party (review).
The obligation to reconsider the decision applies even if the decision
subject to appeal. The obligation does not apply, if the District Court has already
subsequently forwarded the dossier thereon to a higher court or if the
otherwise, there is a particular reason for that Court to change its
decision.
Reconsideration shall not be effected, if the question of reconsideration comes up first
Since the time for appeal from the order has expired.
35 § an appeal of a District Court decision expires, if
the District Court itself after a review under section 34 change order so that
the complainant requests. In this case, does not apply in paragraph 38.
Change the Court decision other than the complainant so requests, shall
the appeal shall be deemed to include the new decision, unless the refusal shall
be made in accordance with paragraph 38.
General information about the appeal of the decision of the Court of Justice
36 § a decision may be appealed by the decision, if it has
passed him or her against.
37 § a decision does not mean that the case is decided,
subject to appeal only in connection with the appeal of a decision that
means the case is decided. Appeal may, however, take place in particular,
When the Court
1. dismissed an objection of conflict of interest against any member of the Court
or a complaint if there is an obstacle to the
examination,
2. rejected an agent or an attorney,
3. decided in a matter of ensuring that that matter
applies or decided to appeal decision until further notice
must not be executed or otherwise decided until further notice
concerning the matter,
4. set before any participation other than by
appearance before the Court of Justice and a failure to follow the
the order may entail special penalty for him or
her,
5. at trial pursuant to Chapter 3. the second subparagraph of paragraph 3 of 5
freedom of the Press Act, or Chapter 2. the second subparagraph of paragraph 3 of 5
freedom of expression found it to be of the utmost importance that
a duty referred to therein is provided by witnesses,
6. decided in a matter of investigation or disposal of
person or property or any similar measure,
7. the imposed penalty or any other penalty for failure to
following the injunction or penalty for misdemeanor in procedure
or explained to someone to pay a cost for
the procedure,
8. Decides on a matter concerning compensation for anyone's
participation in the case or
9. decided otherwise than provided in 8 of a question relating to the
legal aid under the legal aid Act (1996:1619).
A decision by which the matter is referred back to a lower
Court or before an administrative authority may be appealed
only if the decision involves determining any matter that
impact on the outcome. Act (1997:395).
38 § anyone who wishes to appeal a decision to do this
in writing. The letter shall be submitted to the Court
announced the decision within three weeks from the date of the decision
1. If the decision means the case settled,
2. If the decision has been communicated at a meeting, or
3. If a meeting has been set when the decision will
to be announced.
In other cases, the time limit of three weeks from the date on which the appellant
received the decision.
The appellant shall set out the facts on which it relies
for leave to appeal shall be notified.
The Court announced the decision considers whether the appeal has
made in due time and shall reject an appeal which has
made too late. If the appeal is not dismissed, the
together with the other documents in the file sent over to
the Court which will hear the appeal.
On appeal shall apply in other provisions of section 7, section 8
first subparagraph, and paragraphs 9 and 10. Act (2005:707).
The appeal of the District Court decision
39 section the District Court's decision may be appealed to the Court of appeal.
To the Court of appeal shall consider the decision of the District Court is required
leave to appeal.
Leave to appeal shall be notified of
1. There is reason to doubt the accuracy of the statements that
the District Court has come to,
2. not without such authorization is to assess
the accuracy of the statements that the District Court has come to,
3. it is important for the leadership of the law to
appeal of higher law, or
4. There are serious reasons to consider the appeal.
In the case of certiorari also applies to 49. 14 a of the
the code of judicial procedure. Act (2005:707).
Appeal against court decision
section 40 of the decision of the Court may be appealed to the Supreme Court.
The Supreme Court may entertain the appeal only if the Supreme Court
has announced. However, this does not apply when
appeal against a decision on rejection of an appeal against a
Court of appeal decision.
In the case of certiorari applied the provisions of Chapter 54.
the code of judicial procedure.
41 § in the District Court, if the case has been initiated by an appeal,
such facts or evidence which the appellant invokes the first
the Supreme Court considered only if there are special reasons.
Specific remedies
42 § in the case of special remedies against decisions under this Act
or against decisions by the appeal should have been tried under this
applicable law chapter 58. 1 and 4 8 sections, paragraph 10 (a), sections 11 and 12,
the first sentence of section 13 and 59. 1-3 sections and section 5, first subparagraph
the code of judicial procedure. If there are serious reasons, rising to take place
also in cases other than those provided for in chapter 58. the code of judicial procedure.
Penalties, fines and download
43 § in the case of a punishment for a misdemeanour during the proceedings and for
violation of secrecy imposed by the Court of Justice shall apply Chapter 9. 5
and 6 of the code of judicial procedure.
In the case of liquidated damages and apply Chapter 9. 7-10 sections
the code of judicial procedure.
The Court shall ex officio take up questions of liability for
contempt of court and for imposing penalty payments imposed pursuant to
of this law.
Incoming documents
section 44 an act is deemed to have been received by the Court on the date of
the Act or an avi on paid postal item containing the
the document arrived at the Court or a competent official
to handa. Informed the Court that a particular message to
the Court arrived at a telebefordringsföretag, are considered the message
have come in already when the notification reached a competent official.
It can be assumed that the Act or a notice about this on a particular day has
filed in the Court Office or been separated for the Court on an
Post Office, is deemed to have been received by that date, if it come a
competent official received the next working day.
A facsimile or other message that does not have a sender's signature
the original shall be confirmed by the sender through the original
signed document, if necessary. The Court has requested such
confirmation but not received, the Court may disregard the message.
Barriers to reporting
section 45 The has been called to the meeting, but can't cancel
himself shall immediately report it to the Court.
In the case of Cook decay applied 32 Cape. 6-8 sections
the code of judicial procedure. Law (2002:383).
Service of process
section 46 Shall inform the Court of any of the content of a document
or otherwise, may be through the service. Notification shall
be used, if it is legally required, or if the given
the aim of the provision on notification indicates that the service should
happen, but should otherwise be resorted to only if necessary in the light of
the case may be.
Article 46 the provisions of section 24 of the Act of service (2010:1932)
does not prevent the Court of appeal provide a party acts through
simplified notification, if the party during the processing of
the District Court has been informed that such service may
to be used in court if a District Court ruling is appealed
there.
The first subparagraph shall also apply to the Supreme Court if
the information has been provided in the District Court or in the Court of appeal.
Law (2010:1966).
Agents and counsel
47 § The party may have recourse to a representative or counsel.
In the case of agent or counsel applied 12 Cape. § § § 2 5 and 6
second subparagraph, the code of judicial procedure. In respect of a document appointing a representative
apply 12 Cape. 8 19 §§ judicial procedure. A written power of Attorney
need not be established unless the Court considers that it is necessary.
Interpretation and translation of documents
section 48 in respect of interpretation and translation of documents shall apply Chapter 5.
6 8 sections and chapter 33. Article 9 of the code of judicial procedure.
Transitional provisions
1996:242
1. this law shall enter into force on 1 July 1996.
2. by law repeals Act (1946:807) on the processing of
Court cases.
3. Have a decision given before the entry into force for older
provisions relating to the right to appeal the decision and on what
those who wish to appeal the decision to observe.
2005:707
This law shall enter into force on the day the Government determines. Older
rules concerning requirements on certiorari by the
appeal against a decision given before the date of entry into force.
2010:1966
1. this law shall enter into force on 1 april 2011.
2. Older provisions apply where a decision on notification in accordance with
15-17 sections of Service Act (1970:428) has been taken before 1
April 2011 or if the document has been sent or submitted before
This time.
