Code of Civil Procedure

Part 1 GENERAL PROVISIONS 

Chapter 1 GENERAL PRINCIPLES OF PROCEDURE 

§ 1.  Administration of justice in civil matters

  A civil matter is heard pursuant to civil procedure unless otherwise provided by law. A civil matter is a case arising from a private law relationship.

§ 2.  Purpose of civil procedure

  The purpose of civil procedure is to guarantee adjudication of civil matters by the court justly, within a reasonable period of time and at the minimum possible cost.

§ 3.  Right of recourse to courts

 (1) The court conducts proceedings in a civil matter if a person files a claim with the court pursuant to the procedure provided by law for the protection of the person's alleged right or interest protected by law.

 (2) In the cases prescribed by law, the court also conducts proceedings in a civil matter if a person files a claim with the court for the protection of a presumed right or interest protected by law of another person or the public.

 (3) In the cases prescribed by law, pre-trial proceedings shall be conducted in the matter before a person may have recourse to the court.

§ 4.  Disposal of procedural rights

 (1) The court conducts proceedings in a civil matter only if an action or other petition has been filed pursuant to the procedure provided by law. In the cases provided by law, the court conducts proceedings in a civil matter at its own initiative.

 (2) In an action, the parties determine the object of the dispute and the process of the proceedings, and decide on the submission of petitions and filing of appeals.

 (3) Parties may terminate an action by judicial compromise. The plaintiff may withdraw the filed claim and the defendant may admit the claim filed against the defendant.

 (4) During proceedings, the court shall take all possible measures to settle a matter or a part thereof by a compromise or in another manner by agreement of the parties if this is reasonable in the opinion of the court. For such purpose, the court may, among other, present a draft of a compromise contract to the parties or request that the parties appear before the court in person, or propose that the parties settle the dispute out of court or call upon the assistance of a conciliator. If, in the opinion of the court, it is necessary in the interests of adjudication of the matter, considering the circumstances of the case and the process of the proceedings, it may order the parties to participate in the conciliation proceeding provided for in the Conciliation Act.
[RT I 2009, 59, 385 - entry into force 01.01.2010]

§ 5.  Conduct of proceedings based on submissions by parties

 (1) Proceedings are conducted in an action on the basis of the facts and petitions submitted by the parties, based on the claim.

 (2) The parties have equal rights and opportunities in substantiating their claims, and to refute or contest the submissions of the opposing party. A party may choose the facts submitted in order to substantiate the claim thereof as well as the evidence intended for proof of such facts.

 (3) In matters on petition, the court itself ascertains the facts and takes the necessary evidence unless otherwise prescribed by law. In matters where an action is filed, the court itself ascertains the facts and takes the necessary evidence only in the cases prescribed by law.

§ 6.  Law applicable at time of proceeding

  A procedural act in a civil matter is performed pursuant to the law in force at the time of performance of the act.

§ 7.  Administration of justice on basis of equality

  In the administration of justice in civil matters, the parties and other persons are equal before the law and the court.

§ 8.  Law applicable to conduct of proceedings in matter

 (1) The conduct of proceedings in a matter by the court is based on the Estonian civil procedure law.

 (2) In the absence of a provision of law regulating a procedural relationship, the court applies a provision which regulates a relationship similar to the relationship under dispute.

 (3) In the absence of a provision of law regulating a relationship similar to the relationship under dispute, the court is guided by the general purpose of law. The fundamental rights and freedoms of a person may be restricted only if the possibility therefor is prescribed by law.

Chapter 2 COURTS COMPETENT TO ADJUDICATE CIVIL MATTERS 

§ 9.  Competent courts

 (1) County courts, circuit courts and the Supreme Court are competent to adjudicate civil matters.

 (2) By agreement of the parties, a civil matter may be referred to an arbitral tribunal unless otherwise provided by law.

 (3) A civil matter is not heard by a higher court before it has been heard by the directly lower court unless otherwise provided by law.

§ 10.  Restricted competence of court in respect of extra-territorial persons

  The jurisdiction of the courts of the Republic of Estonia does not extend to:
 1) the members of foreign diplomatic representations established in the Republic of Estonia, their family members and private servants, to the extent prescribed by the Vienna Convention on Diplomatic Relations (RT II 2006, 16);
[RT I 2008, 59, 330 - entry into force 01.01.2009]
 2) the members of consular posts, to the extent prescribed by the Vienna Convention on Consular Relations (RT II 2006, 16);
[RT I 2008, 59, 330 - entry into force 01.01.2009]
 3) the persons not specified in clauses 1) or 2) of this section if this arises from international agreements, generally recognised principles of international law or an Act.

§ 11.  Jurisdiction of county court

 (1) County courts as courts of first instance hear all civil matters.

 (2) Hearing of certain types of matters by only certain county courts may be provided by an Act if this expedites the hearing of matters or otherwise renders it more effective.

§ 12.  Jurisdiction of circuit court

  A circuit court reviews the decisions made in civil matters by the county courts within its territorial jurisdiction on the basis of appeals and appeals against rulings filed against the decisions of the county courts. A circuit court also adjudicates other matters placed within its jurisdiction by law.

§ 13.  Jurisdiction of Supreme Court

  The Supreme Court reviews the decisions made in civil matters by the circuit courts on the basis of appeals in cassation and appeals against rulings filed against the decisions of the circuit courts. The Supreme Court also adjudicates petitions for the review of court decisions in force and, in the cases provided by law, appoints a court with the appropriate competence to adjudicate a matter, and adjudicates other matters placed within its jurisdiction by law.

§ 14.  Validity of procedural acts

 (1) A court may perform procedural acts and, among other, hold a court session outside of its territorial jurisdiction.

 (2) The validity of a procedural act is not influenced by the fact that, based on the division of tasks, such act should have been performed by another judge or panel.

 (3) In the cases prescribed by law, a procedural act of a collegial court panel may also be performed by one judge acting on the basis of an order. A judge acting on the basis of an order shall be a member of the panel entitled to perform that procedural act. The panel may amend the ruling made by the judge acting on the basis of an order.

§ 15.  Procedural assistance between courts in performance of procedural acts

 (1) Upon adjudication on civil matters, courts provide each other assistance in the performance of procedural acts. A court requests assistance from another court above all in the cases where the performance of a procedural act in the other court would facilitate the hearing of a matter, save the time of the participants in the proceeding and the court or reduce procedural expenses.

 (2) A court requesting procedural assistance submits a request to the court within whose territorial jurisdiction the procedural act is to be performed.

 (3) The court which receives a request for assistance (court acting based on a letter of request) shall not refuse to provide assistance unless the performance of the act would be illegal. If a letter of request has been submitted to a court of incorrect jurisdiction, such court forwards the letter to the appropriate court.

 (4) The court who submits a letter of request does not cover the costs of the procedural act. The court which performs a procedural act presents information concerning the expenses to the court who submitted the letter of request, and such expenses are deemed to be expenses relating to the matter being heard.

 (5) Unless otherwise provided by law or an international agreement, an Estonian court provides procedural assistance in performance of a procedural act at the request of a foreign court if, pursuant to Estonian law, the requested procedural act belongs to the jurisdiction of the Estonian court and is not prohibited by law. A procedural act may also be performed or a document may be issued pursuant to the law of a foreign state if this is necessary for the conducting of proceedings in the foreign state and the interests of the participants in the proceeding are not damaged thereby.

 (6) The provisions of this Code apply to the assistance for taking of evidence in Estonia on the basis of requests by courts of Member States of the European Union and to the assistance for taking of evidence in Member States of the European Union on the basis of requests by Estonian courts in so far as not otherwise provided by the provisions of Council Regulation 1206/2001/EC relating to co-operation between the judicial authorities of the Member States in the taking of evidence in civil and commercial matters (OJ L 174, 27.06.2001, pp. 1–24).

 (7) The rights and obligations in the regulation of cross-border judicial cooperation in civil matters imposed upon Member States by regulations adopted on the basis of Article 61(c) of the Treaty establishing the European Community shall be performed by the Ministry of Justice.

Chapter 3 COURT PANEL 

§ 16.  Panel of county court in adjudication of civil matters

 (1) A county court adjudicates civil matters by a judge sitting alone.

 (2) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 17.  Panel of circuit court in adjudication of civil matters

 (1) A circuit court adjudicates civil matters collegially, by a panel of three judges, unless otherwise prescribed by law.

 (2) Upon hearing a matter by way of appeal procedure, the chairman of a circuit court has the right to include a county judge of the same circuit in the panel of the circuit court with his or her consent. The included judge shall not act as the presiding judge in the matter or report on the case.

§ 18.  Panel of Supreme Court in adjudication of civil matters

 (1) The Supreme Court adjudicates civil matters collegially, by a panel of at least three judges, unless otherwise prescribed by law.

 (2) If a panel of the Supreme Court hearing a matter has fundamentally differing opinions concerning the interpretation and application of the law, the matter is referred for adjudication to the full panel of the Civil Chamber of the Supreme Court. The panel may also refer a civil matter for adjudication to the full panel of the Civil Chamber if, in the opinion of the panel, this is necessary in the interests of harmonisation and development of judicial practice or the majority of the panel wants to change the current position of the Civil Chamber upon application of law.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (3) A session of the full panel of the Civil Chamber of the Supreme Court is summoned and presided over by the chairman of the Civil Chamber of the Supreme Court or, in his or her absence, by the member of the Civil Chamber who is senior in office or, in the case of equal seniority in office, by the member who is senior in age.

 (4) A session of the full panel of the Civil Chamber of the Supreme Court has a quorum if more than two-thirds of the members of the Civil Chamber of the Supreme Court participate.

§ 19.  Special Panel of Supreme Court and Supreme Court en banc

 (1) If a panel of the Supreme Court adjudicating a civil matter deems it necessary to derogate, in the interpretation of law, from the most recent position of another Chamber or the Special Panel of the Supreme Court or if this is necessary for ensuring uniform application of law, the matter is referred for adjudication to the Special Panel of the Supreme Court by a ruling.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (2) The Special Panel of the Supreme Court is formed by the Chief Justice of the Supreme Court.

 (3) The members of the Special Panel of the Supreme Court are:
 1) the Chief Justice of the Supreme Court as the presiding judge;
 2) two justices from the Civil Chamber of the Supreme Court;
 3) two justices from such chamber of the Supreme Court whose position concerning the application of the law is contested by the Civil Chamber.

 (4) A civil matter is referred to the Supreme Court en banc if:
 1) the majority of the full panel of the Civil Chamber reach a different opinion than the legal principle or position hitherto held by the Supreme Court en banc on the application of law;
 2) the majority of the full panel of the Civil Chamber consider the adjudication of the matter by the Supreme Court en banc to be essential for the uniform application of law;
 3) the adjudication of the matter presumes the adjudication of an issue to be reviewed under the Constitutional Review Court Procedure Act.

 (5) A matter referred to the Special Panel of the Supreme Court or the Supreme Court en banc is reported on to the Special Panel of the Supreme Court or the Supreme Court en banc by a member of the Civil Chamber on the order of the chairman of the Chamber.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (6) Compliance with a decision of the Special Panel is mandatory for the Chambers of the Supreme Court which participated in the Special Panel in the application of law until the Special Panel or the Supreme Court en banc makes a different decision. A position of the Supreme Court en banc is mandatory for the Chambers and Special Panels of the Supreme Court in the application of law unless the Supreme Court en banc itself changes the position.

§ 20.  Members of panel participating in making of decision

 (1) If the composition of a panel of the court changes during the hearing of a matter, the matter is re-heard from the beginning. If the previous panel of the court has taken and examined evidence, the new panel is not required to repeat this act unless the parties apply therefor.

 (2) If a proceeding is likely to extend over a lengthy period of time, the chairman of the court hearing the matter may involve a judge of the same court as a reserve judge in the proceeding. A reserve judge is present at the hearing of the matter and replaces the judge hearing the matter if he or she is prevented from attending.

 (3) Petitions filed with the same court after the making of a decision on a matter, primarily petitions for the correction of mistakes in the decision, making of an additional decision, limiting of publication of the decision, immediate enforcement of the decision, refusal to review an application or terminating of the proceeding, need not be adjudicated by the judge that has made the decision.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 21.  Confidentiality of deliberations

 (1) Besides the judges adjudicating a matter, persons who are present in the court due to a reason related to their acquisition of higher education in law or persons employed by that court in the capacity of an adviser and judicial candidates undergoing in-service training with that court may be present at the deliberations and voting of the court with the court's permission unless there is reason to doubt their impartiality.

 (2) A judge or another person specified in subsection (1) of this section shall not disclose the contents of the discussions which take place during the deliberations. The duty to maintain the confidentiality of deliberations applies for an unspecified term.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 22.  Voting in collegial court panel and dissenting opinion of judge

 (1) A collegial court panel adjudicates the dissenting opinions relating to a civil matter by voting.

 (2) A judge does not have the right to abstain from voting or to remain undecided. In the event of voting on a series of issues, a member of the court panel who has maintained a minority position does not have the right to abstain from voting on a subsequent issue.

 (3) Upon an equal division of votes, the vote of the chair governs.

 (4) A judge who maintains a minority position may present a dissenting opinion. A dissenting opinion which is appended to a court decision is published together with the court decision.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 22¹.  Competence of assistant judges and other court officials in adjudication of civil matters

 (1) In the cases provided by law, a civil matter may also be adjudicated by an assistant judge, instead of a judge.

 (2) The provisions of subsections 595 (2)–(4) of this Code apply to the competence of assistant judges and removal thereof.

 (2¹) The provisions concerning the removal of judges in this Code apply to the removal of judicial clerks.
[RT I, 21.06.2014, 8 - entry into force 01.07.2014]

 (3) An assistant judge or another competent court official according to the internal rules of the court may also make a ruling in preparation of adjudicating a matter or other rulings of organisational nature which are not subject to appeal, including a ruling on refusal to accept an application, petition or appeal and a ruling on setting or extension of a term.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 4 CIRCUMSTANCES PRECLUDING PARTICIPATION IN PROCEEDINGS 

§ 23.  Obligation of judge to remove himself or herself

  A judge shall not adjudicate a civil matter and shall remove himself or herself in the following cases:
 1) in a matter in which he or she is a participant in the proceeding or a person against whom a claim arising from the proceeding may be filed;
 2) in a matter of his or her spouse or cohabitee, and in a matter of a sister, brother or direct blood relative of his or her spouse or cohabitee even if the marriage or permanent cohabition has ended;
 3) in a matter of a person who is his or her direct blood relative or other person close to him or her as defined in subsection 257 (1) of this Code;
 4) in a matter in which he or she is or has been a representative or adviser of a participant in the proceeding or in which he or she participated or had the right to participate as the legal representative of a participant in the proceeding;
 5) in a matter in which he or she has been heard as a witness or expert providing an opinion;
 6) in a matter in which he or she participated in pre-trial proceedings, in the preceding court instance or in making a decision in arbitration proceedings;
 7) if any other circumstances exist which give reason to doubt the impartiality of the judge.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 24.  Removal of judge based on petition of challenge by participant in proceeding

 (1) The removal of a judge may be requested by a participant in a proceeding in the cases prescribed in § 23 of this Code.

 (2) A petition of challenge is submitted to the court to a panel of which the judge whose removal is requested belongs.

 (3) The basis for removal shall be substantiated in the petition of challenge.

§ 25.  Loss of right to remove judge

 (1) In the case prescribed in clause 23 7) of this Code, a participant in a proceeding has no right to submit a petition of challenge if he or she has participated in a court session or, after becoming aware of the name of the judge, has submitted a petition on the merits of the matter without having submitted a petition of challenge.

 (2) In the case specified in subsection (1) of this section, a participant in the proceeding has the right to submit a petition of challenge later, provided that the basis for removal was created only after the performance of the procedural act or the participant in the proceeding became aware of such basis only after the procedural act had been performed. Such circumstances shall be substantiated in the petition.

 (3) A petition of challenge which has already been submitted under the same circumstances and has been adjudicated shall not be heard.

§ 26.  Adjudication of petition of challenge

 (1) If the judge or court panel concerning whom a petition of challenge has been submitted considers the petition to be justified, it makes a ruling on removing themselves.

 (2) If the judge does not remove himself or herself and does not form a position concerning the petition of challenge, the petition is adjudicated by a ruling of the court panel to which the judge whose removal is requested belongs. The judge whose removal has been requested does not participate in deciding such matter. Upon an equal division of votes, the judge whose removal was requested is deemed to be removed.

 (3) If a petition of challenge was submitted for removal of the entire panel adjudicating a matter or a judge sitting alone and the panel or judge fail to remove themselves, the matter of removal is adjudicated by the chairman of the court. If a petition of challenge is submitted against all the judges of the court, the removal is decided by the chairman of the court of the following instance.

 (4) If a petition of challenge is submitted against the entire panel of the Supreme Court adjudicating a matter, the petition of challenge is adjudicated by such panel.

 (5) If a judge does not remove himself or herself on the basis of a petition of challenge, he or she shall immediately inform the court or judge competent to adjudicate the removal about his or her position concerning the basis for removal.

§ 27.  Removal without petition of challenge

 (1) If a judge himself or herself finds that a circumstance specified in clauses 23 1)–6) of this Code which provide basis for his or her removal exists, the judge makes a ruling on his or her removal.

 (2) If a judge himself or herself finds that a circumstance specified in clause 23 7) of this Code which provides basis for his or her removal exists, the judge requests his or her removal, pursuant to the procedure prescribed in subsections 26 (2)–(5) of this Code, from the court panel or chairman of the court.

 (3) An unjustified refusal to administer justice is prohibited.

§ 28.  Acts of judge whose removal is requested

 (1) After the submission and before the adjudication of a petition of challenge against a judge, the judge may only perform procedural acts in the matter which cannot be postponed and which are of no determinative importance with regard to the decision on the matter.

 (2) If a petition of challenge is clearly unfounded, the judge may continue the proceedings regardless of the submission of the petition but is prohibited, before the petition of challenge has been adjudicated, from making a decision which terminates the proceeding in that court instance. If a proceeding was continued after submission of a petition of challenge and the petition is satisfied, the procedural acts performed after submission of the petition are deemed to be void.

§ 29.  Substitution of judge

 (1) A removed judge is replaced at the earliest opportunity.

 (2) In the case of removal of a judge or the entire court panel, the matter is heard by another judge or panel of the same court. If a judge cannot be replaced in the court hearing the matter, the matter is referred to another court of the same level through the directly higher court.

§ 30.  Relying on basis of removal in appeal

  The annulment of a decision due to failure to remove a judge may be applied for in an appeal filed with a higher court only if the petition of challenge was submitted to the lower court on time or if the basis for removal was created or became evident after the adjudication of the matter in such court.

§ 31.  Removal of expert, interpreter or translator

 (1) Upon existence of the basis specified in § 23 of this Code, an expert, interpreter or translator shall remove themselves and a participant in the proceeding may remove an expert, interpreter or translator participating in the proceeding. Earlier participation of a person in the matter as an expert or witness is not a basis for removal.

 (2) A petition of challenge is submitted to the court which appointed the expert or involved the interpreter or translator before the questioning of the expert or the procedural act which requires the presence of the interpreter or translator begins.

 (3) A petition of challenge submitted after the questioning of an expert or the procedural act requiring the presence of the interpreter or translator have begun, or more than 15 days after the date on which the name of the expert, interpreter or translator becomes known, is heard only if the petitioner is able to provide the court with good reason for failing to inform the court of the existence of a basis for removal at an earlier time.

 (4) The basis for removal shall be substantiated in the petition of challenge.

 (5) The court hearing the matter adjudicates the removal of an expert, interpreter or translator by a ruling. If a petition of challenge is submitted in a court session, the court hears the opinions of the person whose removal is requested and the participants in the proceeding.

 (6) The annulment of a decision due to failure to remove an expert, interpreter or translator may be applied for in an appeal filed with a higher court only if the petition of challenge was submitted to the lower court on time or if the basis for removal became evident after the adjudication of the matter in such court.

Chapter 5 WORKING LANGUAGE OF COURTS 

§ 32.  Working language of courts

 (1) The language of judicial proceedings and court procedure is Estonian.

 (2) Minutes of court sessions and other procedural acts are prepared in Estonian. A court may also record any testimony or statement given in a court session in a foreign language in the minutes in the language in which it is given in addition to the translation thereof into Estonian if it is necessary for an accurate presentation of the testimony or statement.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) The Republic of Estonia accepts translations of forms into English on the basis of Article 57(2) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1–32).
[RT I, 31.12.2014, 1 - entry into force 10.01.2015]

§ 33.  Documents in foreign language in judicial proceedings

 (1) If a petition, request, appeal or objection submitted to the court by a participant in a proceeding is not in Estonian, the court requires that the person submitting such documents provide a translation thereof into Estonian by the set due date. If a documentary evidence submitted to the court by a participant in a proceeding is not in Estonian, the court requires that the person submitting such documents provide a translation thereof into Estonian by the set due date unless translation of the evidence is unreasonable considering its contents or volume and other participants in the proceeding do not object to accepting the evidence in another language.

 (2) The court may require a translation made by a sworn translator or certified by a notary or caution the translator that he or she bears liability for a knowingly false translation.
[RT I, 23.12.2013, 1 - entry into force 01.01.2014]

 (3) If the translation is not submitted by the due date, the court may disregard the petition, request, appeal, objection or documentary evidence.

 (4) The court organises translation of a court decision into a foreign language for a participant in the proceeding only if the participant in the proceeding so requests and provided that in the proceeding the participant in the proceeding is not represented by a representative and he or she has been granted procedural assistance for bearing translation costs. If the person so requests, a court organises translation of a court decision for the person specified in subsection 34 (4) of this Code on account of the Republic of Estonia regardless of the existence of a representative or the grant of procedural assistance.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 34.  Participation of interpreter or translator in proceedings

 (1) If a participant in a proceeding is not proficient in Estonian and he or she does not have a representative in the proceeding, the court involves, if possible, an interpreter or translator in the proceeding at the request of such participant in the proceeding or at the initiative of the court. An interpreter or translator need not be involved if the statements of the participant in the proceeding can be understood by the court and the other participants in the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) If the court is unable to immediately involve an interpreter or translator, the court makes a ruling whereby the participant in the proceeding needing the assistance of an interpreter or translator is required to find an interpreter, translator or a representative proficient in Estonian for himself or herself. Failure to comply with the demand of the court does not prevent the court from adjudicating the matter. If a plaintiff fails to comply with the demand of the court, the court may refuse to hear the action.

 (3) Before commencing interpretation or translation in a proceeding, an interpreter or translator is cautioned that he or she bears liability for false interpretation or translation, and the interpreter or translator gives a signature to that effect.
[RT I, 23.12.2013, 1 - entry into force 01.01.2014]

 (4) Provision of an interpreter or translator shall be ensured to a person in a proceeding for placement of the person in a closed institution and in a proceeding for establishment of guardianship for the person.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (5) An interpreter or translator is not involved in a proceeding for a contractual representative of a participant in the proceeding or for an adviser.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 35.  Involvement of interpreter or translator in case of deaf, mute or deaf-mute participant in proceeding

  If a participant in a proceeding is a deaf, mute or deaf-mute person, the course of the proceeding is communicated to him or her in writing, or an interpreter or translator is involved in the proceeding.

§ 36.  Oath and signature of person not proficient in Estonian

 (1) A person who is not proficient in Estonian gives an oath or signature on being cautioned of his or her liability in a language in which he or she is proficient.

 (2) A signature is given on the text of the oath or caution prepared in Estonian which is translated to the person directly before he or she signs it.

Chapter 6 PUBLIC PROCEEDINGS 

§ 37.  Public court hearings

 (1) Court hearing of a matter is public unless otherwise prescribed by law.

 (2) The court has the right to prohibit a person who has expressed contempt for the court and, in order to protect the interests of a minor, to prohibit the minor from attending a public hearing of a matter.

§ 38.  Declaration of proceeding closed

 (1) The court declares a proceeding or a part thereof closed at the initiative of the court or based on a petition of a participant in the proceeding if this is clearly necessary:
 1) for the protection of national security or public order and above all, for the protection of a state secret or classified information of a foreign state or information intended for internal use;
[RT I 2007, 16, 77 - entry into force 01.01.2008]
 2) for the protection of the life, health or freedom of a participant in a proceeding, witness or other person;
 3) for the protection of the private life of a participant in a proceeding, witness or other person unless the interest of public proceeding exceeds the interest of protection of private life;
 4) to maintain the confidentiality of adoption;
 5) in the interests of a minor or a mentally handicapped person and above all, for hearing such persons;
 6) to protect a business secret or other similar secret unless the interest of public proceeding exceeds the interest of protection of the secret;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
 7) for hearing a person obligated by law to protect the secrecy of private life of persons or business secrets if the person is entitled by law to disclose such secrets in the course of a proceeding;
 8) for the protection of the confidentiality of messages transmitted by post, telegraph, telephone or other commonly used means.

 (2) The court may declare a proceeding or a part thereof closed at its own initiative or based on a petition of a participant in the proceeding in a case not specified in subsection (1) of this section if objective administration of justice would otherwise be clearly compromised or if the possibility to convince the parties to terminate the proceeding by a compromise or resolve the dispute in another manner is higher in a closed proceeding.

 (3) In the cases listed in clauses (1) 2), 3) and 6)–8) of this section, the court does not declare a proceeding or a part thereof closed if the person for the protection of whose interests the proceeding or a part thereof ought to be declared closed objects thereto.

§ 39.  Admitting persons to closed session

  The court may permit a person who has justified interest in participating in a court session or whose presence at the session is clearly in the interests of administration of justice to be present at a closed court session. The consent of the participants in the proceeding is not required in that case.

§ 40.  Procedure for declaring proceeding closed

 (1) Declaration of a proceeding or a part thereof closed is heard in a closed session if this is requested by a participant in the proceeding or if the court deems it necessary.

 (2) A ruling on declaring a proceeding or a part thereof closed is made public. The ruling may be pronounced in a closed session if there is reason to believe that public pronouncement could significantly disturb order in the court session.

§ 41.  Obligation of participants in proceeding and persons present in court session to maintain confidentiality

 (1) In a closed court session, the court cautions the participants in the proceeding and other persons present in the courtroom that the contents of the hearing held and the documents examined in a closed session must not be disclosed to the extent necessary for the protection of a right or interest specified in § 38 of this Code.

 (2) In addition to the provisions of subsection (1) of this section, the court may caution, by a ruling, a person who is present in a closed court session to maintain the confidentiality of a fact which has become known to him or her in the session or from a document relevant to the matter if this is necessary to protect a right or interest specified in § 38 of this Code.

 (3) The court may require the participants in the proceeding and other persons present in the courtroom to maintain the confidentiality of a fact which has become known to them in the course of the proceeding even if the proceeding has not been declared closed but maintaining confidentiality is clearly necessary for the protection of a right or interest specified in § 38 of this Code.

 (4) A person required to maintain confidentiality may file an appeal against the ruling made in respect of the obligation specified in subsections (2) and (3) of this section.

§ 42.  Transmission and recording of court session

 (1) Notes may be taken at a public court session if this does not interfere with the court session. A court session may be photographed or filmed, and audio recordings, radio, television or other broadcasts may be made in a court session only with the prior consent of the court.

 (2) In a closed court session, the court may decide that written notes only may be taken.

 (3) The court may remove a person violating the provisions of subsection (1) or (2) of this section from the courtroom and impose a fine on him or her.

Chapter 7 SECURING OF CIVIL PROCEDURE 

§ 43.  Order in court session

 (1) The court ensures order in a court session and organises the enforcement of rulings made in order to ensure order in a court session, including rulings on fine or detention. The participants in a proceeding and other persons present in a courtroom shall comply with the orders of the court without argument.

 (2) Judges acting on the basis of a letter of request or order, or performing a procedural act outside a court session also have the obligation to ensure order provided for in this Chapter and the rights arising therefrom.

§ 44.  Limitation of number of persons present in court session

  The court has the right to limit the number of persons present in a court session if the courtroom is overcrowded and this interferes with hearing the matter.

§ 45.  Removing of persons from court session and application of other measures to persons

 (1) The court may remove a participant in a proceeding or his or her representative or adviser, or a witness, expert, interpreter, translator or another person present in the session who fails to comply with an order given to ensure order in the court session, acts in an improper manner in the court session or expresses contempt for the court or for other participants in the proceeding.

 (2) The court may remove from a proceeding a representative or adviser of a participant in the proceeding or to prohibit the person from making statements if the representative or adviser is not able to act in the court in accordance with the requirements, including due to inadequate language proficiency, or, in the course of the court proceeding, has shown himself or herself as dishonest, incompetent or irresponsible, or if the person has, in bad faith, obstructed the just and expeditious hearing of the matter at the minimum possible cost or has repeatedly failed to comply with the orders of the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) If a participant in a proceeding or his or her representative is removed from a court session, the hearing of the matter may be continued in a manner equal to a situation where a participant in a proceeding or his or her representative leaves the session voluntarily. A representative of a participant in a proceeding is considered to have left the session even if he or she is removed from the proceeding or he or she is prohibited from making statements in the proceeding in accordance with the provisions of subsection (2) of this section.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (4) The court has the right to impose a fine or detention of up to seven twenty-four hour periods on a person who conducts himself or herself in the manner specified in subsection (1) of this section or on a participant in a proceeding or a representative or adviser thereof who has, in bad faith, obstructed the just and expeditious hearing of the matter at the minimum possible cost or who has repeatedly failed to comply with the orders of the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (5) If a participant in a proceeding is not present in the court session or performance of a procedural act, the court immediately informs him or her of application of the provisions of subsections (1)–(4) of this section to his or her representative and proposes that he or she select a new representative by the date set by the court. The court also informs the Estonian Bar Association or another professional association to which the advocate belongs of application of the provisions of subsections (1)–(4) of this section to an advocate.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (6) If elements of a criminal offence become evident in court in the conduct of a participant in a proceeding or another person, the court files a report on the criminal offence with the Prosecutor's Office or the police. If necessary, the court detains such person based on a ruling.

§ 46.  Imposition of fines

 (1) In the cases provided by this Code where the court has the right to impose a fine, such fine may be imposed to the extent of up to 3,200 euros unless otherwise prescribed by this Code. In determining the amount of a fine, the court takes the financial situation of the person and other circumstances into consideration.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

 (1¹) Instead of or in addition to a minor, a fine may be imposed on his or her parents or guardians. Instead of an adult with restricted active legal capacity, a fine may be imposed on his or her guardians. No fine is imposed on minors under 14 years of age and persons with restricted active legal capacity.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) A fine may be imposed on a person only after a warning of a fine has been given to him or her, unless the giving of a prior warning is not possible or reasonable.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) A fine imposed on a person for non-performance of an obligation does not release the person from performing the obligation. If an obligation is not performed after the imposition of a fine, a new fine may be imposed.

 (4) A transcript of a ruling whereby a fine is imposed is immediately served on the person fined or the representative thereof.

§ 47.  Detention and compelled attendance

 (1) The court may, by a court ruling, impose detention in a civil proceeding in the cases prescribed by law if the court has warned the person that detention may be imposed.

 (2) In the cases where collection of a fine is impossible, the fine may be substituted by detention of up to three months. Substitution of a fine by detention may already be prescribed by the ruling which imposes a fine. Upon substitution of a fine by detention the provisions of § 72 of the Penal Code and § 201 of the Code of Enforcement Procedure apply. If the person fined pays the fine, he or she is released from detention.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) Detention is served at a house of detention of the location of the court that made the ruling or of the residence of the detained person under the conditions provided for in the Imprisonment Act.

 (4) The court may, by a ruling, impose compelled attendance by police escort on a person in the cases prescribed by law if the court has warned the person that compelled attendance may be imposed.

 (5) In order to enforce a ruling on compelled attendance, a person may be detained for up to 48 hours before the beginning of a court session. Unless otherwise provided by this Code, the provisions of subsections 139 (3)–(5) of the Code of Criminal Procedure apply to compelled attendance.

§ 48.  Appeal against ruling on fine or detention

  A person on whom a fine or detention is imposed may file an appeal against the ruling on fine or detention specified in this Chapter.

Chapter 8 MINUTES 

§ 49.  Taking minutes of procedural acts

 (1) Minutes are taken of court sessions and, in the cases provided by law, also of other procedural acts. The same applies to procedural acts performed by the court based on an order or letter of request.
[RT I 2006, 7, 42 - entry into force 04.02.2006]

 (2) The minutes are taken by the clerk of the court session or another competent court official in conformity with the internal rules of the court or the judge during the court session or the performance of another procedural act. If the minutes are taken by the clerk of the court session or another competent court official in conformity with the internal rules of the court, it enters the information specified in clauses 50 (1) 6)–9) and subsection 50 (2) of this Code in the minutes only in accordance with the summary made by the judge.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) Minutes are taken of sessions of the Supreme Court to the extent the court considers necessary.

§ 50.  Content of minutes

 (1) Minutes of a procedural act shall reflect the essential course of the procedural act and other circumstances relevant to the adjudication or possible appeal in the matter. The minutes set out:
 1) the time and location of performance of the procedural act, and a short description and number of the matter;
 2) the name of the court hearing the matter and the names of the judges, court reporters, interpreters and translators;
 3) the type of the matter;
 4) information on attendance of the participants in the proceeding and their representatives, and witnesses and experts;
 5) information on whether or not the proceeding is public;
 6) the petitions and requests of the participants in the proceeding;
 7) the admission of claim, discontinuance of action or compromise;
 8) the essential content of the claims and objections of the parties and other participants in the proceeding to the extent this is not reflected in the written documents submitted to the court;
 9) the essential content of the statements of the participants in the proceeding given under oath, testimonies of witnesses, oral replies of experts and inspection results;
 10) the directions of the court and decisions made in the session;
 11) the time of making the decision public;
 12) discontinuance of appeal against decision;
 13) the date the minutes are signed.

 (2) At the request of a participant in a proceeding, a fact or position presented in the matter is included in the minutes. The court may refuse, by a ruling, to satisfy the request if the fact or position clearly has no relevance to the matter.

 (3) A procedural document is deemed to be equal to the taking of minutes if such document is appended to the minutes and a reference thereto is made in the minutes.

§ 51.  Preparation of minutes

 (1) Minutes are prepared in typewritten form or are recorded on a digital data medium in a court session in a format which allows the reproduction of the minutes in writing. Initially, the minutes may also be prepared otherwise in a session, including by taking notes or dictating, but the minutes shall be brought into the format specified in the first sentence of this subsection by the time of signing the minutes.

 (2) The technical requirements for digital minutes, for the format of objections submitted regarding such minutes and for signing the minutes shall be established by a ruling of the minister responsible for the area.
[RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 52.  Recording of procedural act

 (1) A court session or other procedural act may be initially recorded, in full or in part, on audio, video or other data media. In such case, the minutes shall be prepared immediately after the court session or performance of other procedural act.

 (2) The minutes contain only an indication concerning the recorded statements of witnesses, experts and participants in the proceeding and recorded inspection results unless, in the course of the proceeding, taking of minutes of the essential contents of the recordings is demanded by a party or the court deems it necessary.

 (3) The recording is included in the file.

§ 53.  Submission of objections to minutes and correction of minutes

 (1) The content of the statements of the participants in the proceeding given under oath, statements of witnesses and replies and responses of experts which are entered in the minutes are immediately made public in a court session, unless such person and the participants in the proceeding who have participated in the session agree that the content entered in the minutes is not made public in the court session and the court does not consider it necessary either. Corrections are made to the minutes on the basis of objections by the relevant person if the court consents thereto. Any objections to which the court does not consent are entered in the minutes or appended thereto.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) Participants in a proceeding have the right to examine the minutes and submit requests for correction of the minutes within three working days after signing the minutes. The court notifies the participants in a proceeding of the time of signing the minutes and forwards the minutes to them electronically immediately after signing thereof if the participant in the proceeding has provided his or her e-mail address to the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) If, in the case specified in subsection (2) of this section, a participant in a proceeding submits a request for correction of the content of the minutes, the court seeks the position of the other participants in the proceeding on the issue. If necessary, the court organises a court session for adjudicating the request. Absence of a participant in the proceeding from the session does not prevent the adjudication of the request.

 (4) In the case the court consents to a request for correction of the minutes specified in subsection (2) of this section, the court makes the corrections to the minutes. Any objections to which the court does not consent are entered in the minutes or appended thereto.

 (5) If the content of the minutes is recorded, the person whose statements were recorded may immediately examine the recording and submit any objections thereto. If the court consents to the objection, the statement, testimony or answer is recorded in a new wording. If the court does not consent to the objection, the content of the objection is recorded.

 (6) Upon taking minutes of a procedural act, the court explains the rights specified in subsections (1)–(5) of this section to the persons who have the right to submit objections to the minutes.

 (7) Indication is made in the minutes concerning examination of the minutes or the recordings, or on waiving such right, and on approving the content of the minutes or filing objections thereto.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 54.  Signing of minutes

 (1) The minutes are signed by the judge. If a collegial court panel participates in the performance of a procedural act, the minutes are signed by the presiding judge. If the minutes are prepared by the clerk of the court session or another competent person, such person also signs the minutes.

 (2) If the presiding judge is unable to sign the minutes, another member of the court panel signs the minutes instead of him or her. If a judge sitting alone in performing a procedural act is unable to sign the minutes and the minutes were prepared by the clerk of the court session or another competent person, signature of the minutes by the person who prepared the minutes is sufficient. The reason for failure to sign the minutes is indicated in the minutes.

 (3) The provisions of § 441 of this Code otherwise apply to the signing of the minutes.
[RT I, 21.05.2014, 1 - entry into force 01.01.2015]

§ 55.  Probative value of minutes

  Violation of the procedural rules in a court session or of other procedural acts of which minutes have been taken can be proven only on the basis of the minutes. The only objection that can be filed to the minutes is the objection concerning the falsification of the minutes.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 9 FILE 

§ 56.  File in civil matter

 (1) The court keeps a file on each civil matter which includes, in chronological order, all procedural documents and other documents relevant to the matter of all the levels of the proceeding, including minutes and court decisions. In the cases prescribed by law, other objects relevant to the proceeding are included in the file.

 (2) A file is kept in the form of a collection of written documents.

 (3) An electronic document sent to or prepared by the court is stored in the file in the form of a printout together with information concerning the person who prepared the document and made the printout as well as the time of preparation of the document and sending of the document to the court and of making the printout. An electronic document may also be included in the file in the form of a recording in the information system of the court or on a digital data medium if preservation of such copy of the document in the information system of the court is guaranteed.
[RT I 2009, 67, 460 - entry into force 01.01.2010]

§ 57.  Digital file

 (1) A file may be maintained, in whole or in part, in digital form.

 (2) In such case, the documents submitted on paper are recorded on a digital or other similar data medium and such data media substitute for the documents submitted on paper. A document recorded on such data medium shall include the date on which the document on paper was recorded on the data medium and the data on the person who made the recording and shall be digitally signed by him or her.

 (3) If necessary, the documents submitted on paper are preserved until the end of the proceeding in the case specified in subsection (2) of this section.

§ 58.  Archiving of files

 (1) If a proceeding has been terminated by a decision which has entered into force, the county court which conducted the proceeding in the matter archives the file.

 (2) The file and the procedural documents contained therein are preserved after the end of a proceeding only as long as this is necessary in the interests of the participants in the proceeding or other persons, or in the public interest.

§ 59.  Examination of file

 (1) The participants in a proceeding have the right to examine the file and obtain transcripts of procedural documents contained therein.

 (1¹) The court may restrict the right of a participant in a proceeding to examine the file and obtain transcripts thereof if this would be clearly contrary to a significant interest of another participant in the proceeding or any other person. The right of the parties to an action to examine the file and obtain transcripts thereof shall not be restricted.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) Other persons have the right to examine the file during actions and obtain transcripts of procedural documents contained in the file only with the consent of the parties. A representative of a competent state agency may examine a file and obtain transcripts of procedural documents with the permission of the chairman of the court conducting the proceeding in the matter, even without the consent of the parties, if the state agency substantiates its legal interest in examining the file and obtaining the transcripts.

 (3) If the proceeding in a matter has ended with a decision which has entered into force, other persons may examine the file and obtain transcripts of procedural documents with the permission of the county court which has conducted the proceeding in the matter, even without the consent of the parties, if they substantiate their legitimate interest in examining the file and obtaining the transcripts. Files of matters heard in closed proceedings shall not be examined in such manner.

 (4) Unless otherwise prescribed by law, other persons may examine the file and obtain transcripts of procedural documents in matters on petition only with the permission of the court which has conducted or is conducting the proceeding in the matter if they substantiate their legitimate interest in examining the file and obtaining the transcripts. Procedural documents pertaining to adoption may be examined only with the permission of the adoptive parent and the adult child.

 (5) Electronic procedural documents and documents recorded on digital or other data media may be examined on the basis provided in subsections (1)–(4) of this section only in a manner which guarantees intactness of the data media. An electronic transcript, printout or extract may also be obtained from a procedural document.

 (5¹) A notation is made in the file concerning the examination of a file by a participant in a proceeding or his or her representative.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (5²) At the request of a participant in a proceeding or his or her representative, a data medium used in the matter as evidence and containing state secrets or classified information of foreign states, which is not annexed to the file, is presented to him or her for examination pursuant to the procedure provided by the State Secrets and Classified Information of Foreign States Act. A notation is made in the file concerning the examination of a data medium containing a state secret or classified information of a foreign state.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (6) A ruling on refusal to grant permission to examine a file is made by a judge or assistant judge. An appeal may be filed against such ruling. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 60.  Restoration of file

 (1) If the file of a civil matter is destroyed or otherwise lost, the court may restore the file based on a petition of a participant in the proceeding or at its own initiative.

 (2) In the proceeding for restoration of a file, the court requires submission of detailed information and documents or transcripts thereof concerning the matter from the participants in the proceeding.

 (3) In the restoration of a file, the court uses the preserved parts of the file, documents issued in the matter prior to the loss of the file or transcripts thereof and other evidence relevant to the matter.

 (4) Persons who were present at the procedural acts, persons who were members of the court panel hearing the matter or persons who enforced the judgment may be heard as witnesses by the court.

 (5) The court decides the restoration of a lost file by a ruling in a proceeding on petition.

 (6) A lost file is restored in full or in the part which is deemed necessary by the court. If a lost file is being restored, the court decision by which the proceeding terminated or the ruling on termination of the proceeding or on refusal to hear the matter shall be restored if such decision or ruling was made in the matter.

 (7) If the gathered information and documents are not sufficient for the restoration of a lost file, the court terminates the proceeding for the restoration of the file by a ruling.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (8) In a matter concerning the restoration of a lost file, the petitioner is released from the payment of legal costs.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 60¹.  E-file proceedings information system

 (1) E-file proceedings information system (hereinafter e-file system) is a database belonging to the state information system which is maintained for processing proceedings information and personal data in civil proceedings and the purpose of which is:
 1) to provide an overview of civil matters in which proceedings are conducted by the courts;
 2) to reflect information concerning the acts made in the course of civil proceedings;
 3) to enable the organisation of work of the courts;
 4) to ensure the collection of court statistics necessary for making legal policy decisions;
 5) to enable the electronic sending of information and documents.

 (2) The following are entered in the database:
 1) information concerning civil matters in which proceedings are conducted or have been terminated;
 2) information concerning the acts made in the course of civil proceedings;
 3) digital documents in the cases provided for in this Code;
 4) information concerning the body conducting the proceedings, participants in the proceedings and parties involved in the proceedings;
 5) court decisions.

 (3) The e-file system shall be established and the statutes thereof shall be approved by the Government of the Republic. The Government of the Republic may establish the time and conditions of and the procedure for transition to the e-file system by a ruling.

 (4) The chief processor of the e-file system is the Ministry of Justice. The authorised processor of the e-file system is a person appointed by the minister responsible for the area.

 (5) The minister responsible for the area may issue regulations in order to organise the operation of the e-file system.
[RT I 2009, 67, 460 - entry into force 01.01.2010]

§ 61.  Competence of minister responsible for area concerning files

  The time of and procedure for transition to mandatory maintenance of digital files, the technical requirements for the maintenance and examination of digital files and the requirements for the preservation of electronic documents shall be established by a regulation of the minister responsible for the area. The specific requirements for archiving files, including the terms of preservation of files and procedural documents, and for the examination of archived files and procedural documents as well as for the destruction of files shall be established by a regulation of the minister responsible for the area.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

Chapter 10 TERMS IN PROCEEDINGS 

§ 62.  Calculation of terms in proceedings

 (1) The provisions of the General Principles of the Civil Code Act applicable to calculation of time limits and due dates apply to calculation of terms in proceedings, unless otherwise provided by law.

 (2) A procedural act for the performance of which a term has been set may be performed until 24:00 on the last day of the term. If a procedural act must be performed in the premises of the court, the end of the working day of the court is deemed to be the end of the term.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 63.  Beginning of term set by court

  The running of a term set by the court begins on the day following the day of service of the document in which the term is set, unless otherwise prescribed upon setting the term. If the document need not be served, the term begins to run as of receipt of a notice on setting the term.

§ 64.  Alteration of term

 (1) The court may extend a term set thereby on the basis of a reasoned petition or at its own initiative if good reason exists therefor. A term may be extended on more than one occasion only with the consent of the opposing party.

 (2) The terms in proceedings, whether provided by law or set by the court, may be shortened by agreement of the parties. The agreement concerning shortening of a term is submitted to the court in writing or it is recorded in the minutes.

§ 65.  Calculation of terms in case of sending document to incorrect court

  [RT I 2008, 59, 330 - entry into force 01.01.2009]
If a document sent by a participant in a proceeding is received by an incorrect court according to jurisdiction or court instance, such document is forwarded to the correct court. If the procedural document reaches an incorrect court according to jurisdiction or court instance on time, the term for performance of the procedural act is deemed to have been complied with.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 66.  Consequences of failure to perform procedural act on time

  If a procedural act is not performed on time, the participant in the proceeding has no right to perform the procedural act at a later time, unless the court restores the term provided by law or extends the term set by the same court or hears the petition, application, evidence or objection filed by the participant in the proceeding in the event provided for in subsection 331 (1) of this Code. The above applies regardless of whether or not the participant in the proceeding has been warned of such consequences.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 67.  Restoration of procedural term provided by law

 (1) If a participant in a proceeding has allowed a procedural term provided by law to expire, the court restores the term on the basis of a petition of the participant in the proceeding if the participant in the proceeding had good reason for allowing the term to expire and the expiry of the term does not allow the performance of the procedural act or has other negative effects on the participant in the proceeding.

 (2) A petition for restoration of a term may be filed within 14 days after the date on which the impediment specified in subsection (1) of this section ceases to exist but not later than within six months after the end of the term which was allowed to expire.

§ 68.  Deciding on restoration of term

 (1) A petition for restoration of a term is submitted in the same format which applies to the procedural act which had to be performed. The petition sets out the circumstances which constitute the basis for restoration of the term and provides justification for such circumstances. The petition is filed with the court in which the procedural act should have been performed.

 (2) A procedural act for which restoration of the term is applied shall be performed simultaneously with the submission of the petition to restore the term.

 (3) The court adjudicates the restoration of a term by a ruling.

 (4) An appeal may be filed against a ruling on refusal to restore a term made by a county court or circuit court. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (5) If a term is restored, the proceeding is restored to the point at which it was before the term was allowed to expire.

 (6) Before deciding on restoration of a term, the court may, by a ruling, suspend the enforcement proceeding or permit it to be continued only against a security, or revoke the enforcement action.

Part 2 JURISDICTION 

Chapter 11 GENERAL PROVISIONS 

§ 69.  Definition of jurisdiction

 (1) Jurisdiction is the right and obligation of a person to use his or her procedural rights with a specific court. Jurisdiction is general, optional or exclusive.

 (2) General jurisdiction establishes the court with which an action can be filed against a person and other procedural acts can be performed with respect to a person unless it is provided by law that the action must be filed or the act be performed by another court.

 (3) Optional jurisdiction establishes the court with which actions can be filed against a person and other procedural acts can be performed with respect to a person in addition to general jurisdiction.

 (4) Exclusive jurisdiction establishes the sole court which can be addressed for adjudication of a civil matter. Jurisdiction in matters on petition is exclusive unless otherwise provided by law.

§ 70.  International jurisdiction

 (1) The provisions concerning international jurisdiction determine the circumstances under which a matter can be adjudicated by an Estonian court.

 (2) A matter falls under the jurisdiction of an Estonian court if an Estonian court can adjudicate the matter according to competence and pursuant to the provisions concerning jurisdiction or based on an agreement on jurisdiction, unless otherwise provided by law or an international agreement.

 (3) International jurisdiction is not exclusive unless otherwise prescribed by law or an international agreement.

 (4) The provisions of this Code concerning international jurisdiction apply only to the extent in which this is not regulated otherwise by an international agreement or the following European Union regulations:
 1) Regulation (EU) No 1215/2012 of the European Parliament and of the Council;
 2) Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1–29);
 3) Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1–79).
[RT I, 31.12.2014, 1 - entry into force 10.01.2015]

§ 71.  Agreement on jurisdiction

  In the cases and pursuant to the procedure prescribed by law, parties may enter into an agreement concerning jurisdiction. An agreement concerning jurisdiction is an agreement to settle a dispute in a specific court.

§ 72.  Special jurisdiction of Harju County Court

 (1) If, pursuant to general provisions, a matter does not fall under the jurisdiction of an Estonian court or such jurisdiction cannot be determined and an international agreement or law does not provide otherwise, the matter is adjudicated by Harju County Court if:
 1) the case must be adjudicated in the Republic of Estonia pursuant to an international agreement;
 2) the petitioner is a citizen of the Republic of Estonia or has a residence in Estonia, and the petitioner has no possibility to defend his or her rights in a foreign state or the petitioner cannot be expected to do so;
 3) the matter concerns Estonia to a significant extent due to another reason and the petitioner has no possibility to defend his or her rights in a foreign state or the petitioner cannot be expected to do so.

 (2) Harju County Court also adjudicates a matter if the matter falls under the jurisdiction of an Estonian court but it is not possible to determine which court has jurisdiction in the matter. The above also applies if Estonian jurisdiction has been agreed upon without specifying which court has jurisdiction.

§ 73.  Jurisdiction determined by court

  Jurisdiction is determined by the chairman of the court of a higher instance based on a petition of a participant in a proceeding or at the request of the court which received such petition, if:
 1) the correct court by jurisdiction cannot exercise judicial power in the matter;
 2) it is not clear, considering the boundaries of the territorial jurisdiction of courts, which court has jurisdiction in the matter;
 3) several courts have decided regarding a matter that the matter does not fall under their jurisdiction but one of those courts could adjudicate the matter.

§ 74.  Matters which fall under jurisdiction of several courts and division of matters among courthouses

  [RT I 2008, 59, 330 - entry into force 01.01.2009]

 (1) If a matter falls under the jurisdiction of several Estonian courts concurrently, the petitioner has the right to choose the court with which to file the petition. In such case, the matter is adjudicated by the court which was the first to receive the petition.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

 (2) If an action is filed with the court of the residence or seat of the defendant or with the court of exclusive jurisdiction, the matter is heard in the courthouse in the territorial jurisdiction of which is the defendant's residence or seat or the place according to which the exclusive jurisdiction is determined. If different places determining jurisdiction otherwise remain within the territorial jurisdiction of one county court, but within the service areas of different courthouses, the plaintiff indicates the courthouse wherein the matter is heard. If the plaintiff fails to indicate it, the place of hearing the matter is determined by the court.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

 (3) Matters on petition are heard in the courthouse in the territorial jurisdiction of which is the place according to which jurisdiction is determined. If different places determining jurisdiction remain within the territorial jurisdiction of one county court, but within the service areas of different courthouses, the place of hearing the matter is determined by the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 75.  Verification of jurisdiction

 (1) The court which receives a petition verifies whether, pursuant to the provisions concerning international jurisdiction, the petition can be filed with an Estonian court. After this, the court verifies whether the matter falls under the jurisdiction of the court with which the petition was filed.

 (2) If the matter does not fall under the jurisdiction of such court, the court forwards the petition to the court which has jurisdiction in the matter, unless the court finds that according to international jurisdiction, the matter does not fall under the jurisdiction of an Estonian court.

 (3) A person may request, even before filing a petition, that the court make a ruling on whether or not the matter falls within the jurisdiction of that court. In such case, the draft of the intended statement or petition and other documents necessary for determining jurisdiction shall be added to the request. If necessary, the court may ask for the positions of the presumed defendant or other participants in the proceeding on the adjudication of the request and hear them.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3¹) The ruling specified in subsection (3) of this section whereby the court finds that the matter does not fall under its jurisdiction is subject to appeal by the person who filed the request. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (4) A higher court does not verify or change jurisdiction on any other grounds except by adjudicating an appeal filed against a court ruling concerning jurisdiction, refusal to accept a petition, refusal to hear a matter or termination of a proceeding. A higher court may also verify on the basis of another appeal whether an Estonian court may adjudicate a matter according to international jurisdiction if it is challenged in the county court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 76.  Referral of matter according to jurisdiction

 (1) If, after accepting a petition, the court ascertains that the matter does not fall under the jurisdiction of the court, the court makes a ruling on referring the matter according to jurisdiction. If the matter falls under the jurisdiction of several courts, the court refers the matter to the court of the petitioner's choice.

 (2) The ruling specified in subsection (1) of this section is subject to appeal. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.

 (3) The court refers a matter to the correct court by jurisdiction after expiry of the term for filing of appeals against the court ruling. If an appeal is filed against the court ruling, the court refers the matter after refusal to satisfy the appeal.

 (4) The court which receives a matter for adjudication must hear the matter. Jurisdictional disputes between courts are prohibited.

§ 77.  Changing of jurisdiction of matter

  If a matter was accepted correctly by a court, the court adjudicates on the merits of the matter even if the circumstances which constituted the basis for determination of jurisdiction have changed after acceptance of the petition.

§ 78.  Filing of action with courts of different states

 (1) If an action with the same content between the same parties has been accepted by a competent court of a foreign state before the action was filed with an Estonian court, the Estonian court accepts the action provided that the other conditions for acceptance of the matter are fulfilled and the jurisdiction of Estonian court does not arise from an international agreement or a European Union regulation specified in subsection 70 (4) of this Act but suspends the proceeding if it may be presumed that the court of the foreign state makes a decision within a reasonable amount of time and such decision will be recognised in the Republic of Estonia.
[RT I, 31.12.2014, 1 - entry into force 10.01.2015]

 (1¹) For the purposes of subsection (1) of this section, the time of filing an action with an Estonian court is deemed to be the time when the action, or the request specified in subsection 75 (3) of this Code reaches the court as well as the time when the petition specified in subsection 160 (2) of the General Part of the Civil Code Act reaches the court or the time of performance of some other act. This applies only if the action was served on the opposing party at a later time.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) A matter is deemed to have been accepted by a court of a foreign state after the court of the foreign state has performed the first procedural act with respect to the action.

 (3) The court resumes a proceeding suspended on the grounds specified in subsection (1) of this section pursuant to the procedure provided in § 361 of this Code if the court of the foreign state has failed to make a decision within a reasonable amount of time or it becomes evident that the decision which has been made or will be made will evidently not be recognised in the Republic of Estonia.

 (4) The court makes a ruling on termination of a proceeding after a decision of a court of a foreign state subject to recognition in the Republic of Estonia is submitted to the court. An appeal may be filed against such ruling.

 (5) The provisions of subsections (1)–(4) of this section apply correspondingly upon filing of petitions with courts of different states in proceedings on petition.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 12 GENERAL JURISDICTION 

§ 79.  Jurisdiction over person

 (1) An action against a natural person can be filed with the court of his or her residence and an action against a legal person can be filed with the court of its seat.

 (2) If the residence of a natural person is not known, an action against the person can be filed with the court of his or her last known residence.

§ 80.  Jurisdiction over citizens of Republic of Estonia residing in foreign state

 (1) An action against a citizen of the Republic of Estonia living in a foreign state who is an extra-territorial person or against a citizen of the Republic of Estonia working in a foreign state who is a civil servant can be filed with the court of the person's last residence in Estonia.

 (2) If a person specified in subsection (1) of this section has not had a residence in Estonia, an action can be filed against him or her with Harju County Court.

§ 81.  Jurisdiction over Republic of Estonia and local governments

 (1) An action can be filed against the Republic of Estonia or a local government with the court of the seat of the state agency or local government agency whose activity is the basis for the intended action against the state or local government agency.

 (2) If the state agency specified in subsection (1) of this section cannot be determined, the action is filed with Harju County Court. If the local government agency specified in subsection (1) of this section cannot be determined, the action is filed with the court of the seat of the rural municipality or city government.

 (3) A plaintiff can also file an action specified in subsection (1) or (2) of this section with the court of his or her residence.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 82.  [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 13 OPTIONAL JURISDICTION 

§ 83.  Jurisdiction by place of stay

  An action involving a proprietary claim can be filed against a natural person also with the court of his or her place of stay if the person has stayed in such place for a longer period of time due to an employment or service relationship, studies or for other such reason.

§ 84.  Jurisdiction by place of business

  An action related to the economic or professional activities of the defendant can also be filed with the court of the place of business thereof.

§ 85.  Jurisdiction by seat of legal person

  A legal person based on membership, including a company, or a member, partner or shareholder thereof can file an action arising from membership or holding against a member, partner or shareholder of the legal person also with the court of the seat of the legal person.

§ 86.  Jurisdiction by location of property

  [RT I 2008, 59, 330 - entry into force 01.01.2009]

 (1) If a person has residence or seat in a foreign state, an action involving a proprietary claim can be filed against such person with the court of the location of the property with respect to which the claim is filed or with the court of the location of other property of the person.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) If property has been entered in a public register, the action specified in subsection (1) of this section can be filed with the court of the location of the register in which the property is registered.

 (3) If the property is a claim under the law of obligations, the action specified in subsection (1) of this section can be filed with the court of the residence or seat of the debtor. If the claim is secured by a thing, the action can be filed with the court of the location of the thing.

§ 87.  Jurisdiction of action involving claim secured by mortgage or encumbered with real encumbrance

  An action for the collection of a claim secured by a mortgage or encumbered with a real encumbrance or another action involving a similar claim can also be filed with the court of the location of the immovable provided that the debtor is the owner of the registered immovable which is secured by the mortgage or encumbered with the real encumbrance.

§ 88.  Jurisdiction of action arising from apartment ownership

  An action against an apartment owner which arises from a legal relationship related to apartment ownership can also be filed with the court of the location of the immovable which is the object of the apartment ownership.
[RT I, 13.03.2014, 3 - entry into force 23.03.2014]

§ 89.  Jurisdiction by place of performance of contract

 (1) An action arising from a contract or an action for ascertainment of the invalidity of a contract can also be filed with the court of the place of performance of the contested contractual obligation.

 (2) In the case of a contract for the sale of a movable, the place where the movable was delivered or had to be delivered to the buyer and, in the case of a contract for provision of a service, the place where the service was provided or had to be provided is deemed to be the place of performance of the obligation within the meaning of subsection (1) of this section. In other cases, the place of business or in the absence thereof, the residence or seat of the debtor is deemed to be the place of performance of the obligation within the meaning of subsection (1) of this section.

 (3) The provisions of subsection (2) of this section apply in so far as the parties have not agreed otherwise.

§ 90.  Jurisdiction by residence of consumer

  An action arising from a contract or relationship specified in §§ 35, 46 or 52, subsection 208 (4), §§ 379 or 402, subsection 635 (4) or §§ 709, 734 or 866 of the Law of Obligations Act or an action arising from another contract concluded with an undertaking having a seat or place of business in Estonia can also be filed by a consumer with the court of the residence of the consumer. The above does not apply to actions arising from contracts of carriage.

§ 91.  Jurisdiction of action arising from insurance contract

 (1) A policyholder, beneficiary or other person entitled to demand performance from the insurer on the basis of an insurance contract can also file an action arising from the insurance contract against the insurer with the court of the residence or seat of the person.

 (2) In the case of liability insurance, or insurance of a construction works, immovable or movables together with a construction works or immovable, an action can also be filed against the insurer with the court of the place of performance of the act or occurrence of the event which caused the damage or the place where the damage was caused.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 92.  Jurisdiction by residence or place of work of employee

  An employee can also file an action arising from his or her employment contract with the court of his or her residence or place of work.

§ 93.  Jurisdiction of action arising from bill of exchange or cheque

  An action arising from a bill of exchange or cheque can also be filed with the court of the place of payment for the bill of exchange or cheque.

§ 94.  Jurisdiction of action arising from illegal causing of damage

  An action for compensation for illegally caused damage can also be filed with the court of the place of performance of the act or occurrence of the event which caused the damage or the place where the damage was caused.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 95.  Jurisdiction of action arising from maritime claim, rescue work or rescue contract

 (1) An action arising from one or several maritime claims specified in the Law of Maritime Property Act can also be filed with the court of the location of the ship of the defendant or of the home port of the ship.

 (2) An action arising from rescue works or a rescue contract can also be filed with the court of the place of performance of the rescue works.

§ 96.  Jurisdiction over action for division of estate

 (1) An action the object of which is the establishment of the right of succession, a successor's claim against the possessor of the estate, a claim arising from a legacy or succession contract or a claim for a compulsory portion or for division of an estate can also be filed with the court of the residence at the time of the death of the bequeather.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) If the bequeather was a citizen of the Republic of Estonia but at the time of death had no residence in Estonia, the action specified in subsection (1) of this section can also be filed with the court of the bequeather's last residence in Estonia. If the bequeather had no residence in Estonia, the action can be filed with Harju County Court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 97.  Action against co-defendants and several actions against same defendant

 (1) An action against several defendants can be filed with the court of the residence or seat of one co-defendant at the plaintiff's choice.

 (2) If several actions can be filed against one defendant on the basis of the same fact, the actions can also be filed with the court with which an action with one claim or some of the claims arising from the same fact could be filed.

§ 98.  Jurisdiction of counterclaim and action by third person with independent claim

 (1) A counterclaim can be filed with the court with which the action was filed provided that the conditions for filing a counterclaim are complied with and the counterclaim does not fall under exclusive jurisdiction. The above also applies in the cases where pursuant to general provisions, the counterclaim should be filed with a court of a foreign state.

 (2) An action by a third party with an independent claim can be filed with the court hearing the main action.

§ 98¹.  Jurisdiction in bankruptcy proceedings

 (1) An action concerning bankruptcy proceedings or bankruptcy estate against a bankrupt, trustee in bankruptcy or a member of the bankruptcy committee, including an action for exclusion of property from a bankruptcy estate, can also be filed with the court which declared the bankruptcy. An action for acceptance of a claim can also be filed with the court which declared the bankruptcy.

 (2) A bankrupt can also file an action concerning the bankruptcy estate, including an action for recovery, with the court which declared the bankruptcy.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 14 EXCLUSIVE JURISDICTION 

§ 99.  Jurisdiction by location of immovable

 (1) An action with the following objects is filed with the court of the location of the immovable:
 1) a claim related to the recognition of the existence of the right of ownership, limited real right or other real right encumbrance concerning an immovable, or recognition of absence of such rights or encumbrances, or a claim related to other rights in immovables;
 2) determination of boundaries or division of an immovable;
 3) protection of the possession of an immovable;
 4) a claim with respect to a real right arising from apartment ownership;
 5) a claim related to compulsory enforcement of an immovable;
 6) a claim arising from a lease contract or commercial lease contract concerning an immovable or other contract for the use of an immovable under the law of obligations, or from the validity of such contracts.

 (2) An action related to real servitude, real encumbrance or right of pre-emption is filed with the court of the location of the servient or encumbered immovable.

§ 100.  Claim for termination of application of standard terms

  An action for termination of application of an unfair standard term or for termination and withdrawal of recommendation of the term by the person recommending application of the term (§ 45 of the Law of Obligations Act) is filed with the court of the place of business of the defendant or, in the absence thereof, with the court of the residence or seat of the defendant. If the defendant has no place of business, residence or seat in Estonia, the action is filed with the court under whose territorial jurisdiction the standard term was applied.

§ 101.  Jurisdiction of matter of revocation of decision of body of legal person or establishment of invalidity thereof

  An action for revocation of a decision of a body of a legal person or for establishment of invalidity thereof is filed with the court of the seat of the legal person.

§ 102.  Jurisdiction of matrimonial matters

 (1) Matrimonial matters are civil matters for the adjudication of actions the object of which is:
 1) divorce;
 2) annulment of marriage;
 3) establishment of existence or absence of marriage;
 4) division of joint property or other claims arising from the proprietary relationship between the spouses;
 5) other claims arising from the marital relationship of a spouse filed against the other spouse.

 (2) An Estonian court is competent to adjudicate a matrimonial matter if:
 1) at least one of the spouses is a citizen of the Republic of Estonia or was a citizen at the time of contracting the marriage;
 2) the residences of both spouses are in Estonia;
 3) the residence of one spouse is in Estonia, except where the judgment to be made would clearly not be recognised in the country of nationality of either spouse.

 (3) In a matrimonial matter to be adjudicated by an Estonian court, an action is filed with the court of the joint residence of the spouses and in the absence thereof, with the court of the residence of the defendant. If the residence of the defendant is not in Estonia, the action is filed with the court of the residence of a common child of the parties who is a minor and, in the absence of a common child who is a minor, with the court of the residence of the plaintiff.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (4) If custody has been established over the property of an absent person due to the person going missing or a guardian has been appointed to a person due to his or her restricted active legal capacity or if imprisonment has been imposed on a person as punishment, a divorce action against such person can also be filed with the court of the residence of the plaintiff.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 103.  Jurisdiction of filiation matter and maintenance matter

 (1) A filiation matter is a civil matter where an action with the object of establishment of filiation or contestation of an entry concerning a parent in the birth registration of a child or in the population register is adjudicated.
[RT I 2009, 30, 177 - entry into force 01.07.2010]

 (2) An Estonian court can adjudicate a filiation matter if at least one of the parties is a citizen of the Republic of Estonia or at least one of the parties has a residence in Estonia.

 (3) In a filiation matter to be adjudicated by an Estonian court, the action is filed with the court of the residence of the child. If the residence of the child is not in Estonia, the action is filed with the court of the residence of the defendant. If the residence of the defendant is not in Estonia, the action is filed with the court of the residence of the plaintiff.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (4) The provisions of subsections (2) and (3) of this section also apply to maintenance matters. A maintenance matter is a civil matter for the adjudication of an action the object of which is a claim for:
 1) performance of maintenance obligation of a parent arising from law with respect to a minor child;
 2) performance of a maintenance obligation between parents;
 3) performance of a maintenance obligation between spouses;
 4) performance of other maintenance obligation arising from law.

Chapter 15 AGREEMENT ON JURISDICTION 

§ 104.  Agreement on jurisdiction

 (1) A court can also hear a matter by jurisdiction in the case where the jurisdiction of such court is prescribed by an agreement between the parties and the dispute relates to the economic or professional activities of both parties, or the dispute relates to the economic or professional activities of one party and the other party is the state, a local government or another legal person in public law, or if both the parties are legal persons in public law.

 (2) An agreement on jurisdiction may also be entered into if the residence or seat of one or both of the parties is not in Estonia.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) Notwithstanding the provisions of subsection (1) of this section, an agreement on jurisdiction applies also if:
 1) such agreement was reached after the arising of the dispute;
 2) jurisdiction was agreed upon for the event where the defendant settles in, or transfers the place of business or seat thereof to a foreign state after entry into the agreement, or if the residence, place of business or seat of the defendant is not known at the time of filing the action.

 (4) Jurisdiction determined by agreement is exclusive jurisdiction, unless the parties have agreed otherwise.

§ 105.  Jurisdiction in cases where defendant participates in proceeding without submitting objections

  Among both international and Estonian courts, county courts have jurisdiction in the cases where the defendant responds to the action without contesting jurisdiction and also in the cases where the defendant does not respond to the action but participates in a court session without contesting jurisdiction.

§ 106.  Invalidity of agreement on jurisdiction

 (1) An agreement on jurisdiction is invalid if:
 1) it is contrary to the provisions of subsection 104 (1) of this Code;
 2) it does not concern a specific legal relationship or a dispute arising from such relationship;
 3) it has been entered into in a format which cannot be reproduced in writing;
 4) exclusive jurisdiction is prescribed by law for filing the action;
 5) one of the parties has been deprived of Estonian jurisdiction contrary to the principles of good faith.

 (2) In the case specified in clause (1) 4) of this section, the court shall not adjudicate a matter by jurisdiction even under the circumstances provided in § 105 of this Code.

§ 107.  Change of jurisdiction during proceeding

  A court of first instance may refer a matter to another court of first instance by a ruling if the parties submit a common petition to such effect before the first court session or, in the case of written proceedings, before the expiry of the term for submission of positions.

Chapter 16 JURISDICTION OF MATTERS ON PETITION 

§ 108.  Expedited procedure in matters of payment order

  Expedited procedure in matters of payment order is conducted by Pärnu County Court Haapsalu courthouse.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 109.  Declaration of person dead and establishment of time of death of person

 (1) An Estonian court may declare a person dead and establish his or her time of death if:
 1) at the time the missing person was last heard of, he or she was a citizen of the Republic of Estonia or had residence in Estonia at such time;
 2) another legal interest exists for an Estonian court to declare the person dead and establish his or her time of death.

 (2) A petition for declaring a person dead and establishing his or her time of death is filed with the court of the last residence of the missing person. If a person has gone missing in connection with a shipwreck registered in Estonia, the petition is filed with the court of the home port of the ship.

 (3) In the cases not specified in subsection (2) of this section, a petition for declaring a person dead or establishing his or her time of death is filed with the court of the residence or seat of the petitioner. If the residence or seat of the petitioner is not in Estonia, the petition is filed with Harju County Court.

 (4) A petition for amendment of the time of death or annulment of a declaration of death is filed with the court which established the time of death or declared the person dead.

§ 110.  Guardianship matters

 (1) A guardianship matter is a matter for appointment of a guardian for a person, or other matter related to guardianship. An Estonian court is competent to adjudicate a guardianship matter if:
 1) the person in need of guardianship or the person under guardianship is a citizen of the Republic of Estonia, or his or her residence is in Estonia;
 2) the person in need of guardianship or the person under guardianship needs the protection of an Estonian court due to another reason, including the case where the property of the person is located in Estonia.

 (2) A guardian need not be appointed in Estonia if an Estonian court and a court of a foreign state are equally competent to establish guardianship and a guardian has already been appointed in a foreign state or a foreign court is conducting proceedings for appointment of guardianship, provided that the decision of the foreign court can be presumed to be recognised in Estonia and failure to appoint a guardian in Estonia is in the interests of the person in need of guardianship.

 (3) A guardianship matter is adjudicated by the court of the residence of the person in need of guardianship.

 (4) Appointment of a guardian for a child before the birth of the child is adjudicated by the court of the residence of the mother.

 (5) If establishment of guardianship is sought for brothers or sisters who are residing or staying within the territorial jurisdiction of several courts, the guardian is appointed by the court of the residence of the youngest child. If the guardianship proceeding in such case is already conducted by a court, the guardianship matter is adjudicated by such court.

 (6) If a person in need of guardianship has no residence in Estonia or if the residence cannot be established, the matter can be adjudicated by the court in whose territorial jurisdiction the person or his or her property is in need of protection, or by Harju County Court.

 (7) A matter relating to a person under guardianship or his or her property is adjudicated by the court which appointed the guardian. Such matter can also be adjudicated, with good reason, by the court of the residence of the person under guardianship or the court of the location of the property of such person.

§ 111.  Placing of person in closed institution

 (1) The matter of placing a person in a closed institution is adjudicated by the court which appointed the guardian for the person or the court conducting proceedings in the matter of guardianship. In other cases such matters are adjudicated by the court within the territorial jurisdiction of which the closed institution is located. The matter can also be adjudicated by the court that applied provisional legal protection.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) In the case specified in subsection (1) of this section, the provisions of subsections 110 (1) and (2) of this Code apply.

 (3) Provisional legal protection in proceedings can be applied by each court within whose territorial jurisdiction a measure must be taken.

 (4) Other matters related to placement of a person in a closed institution, including matters of suspension or termination of placement of a person in a closed institution and matters of change of the term of placement, are adjudicated by the court that adjudicated the placement of the person in a closed institution.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 112.  Establishment of custody over property of absent person

 (1) The matter of establishment of custody over the property of an absent person is adjudicated by the court of the residence of the absent person.

 (2) If an absent person has no residence in Estonia, the matter of establishment of custody over the property of the absent person is adjudicated by the court of the location of the property for which custody is sought.

 (3) Other matters related to establishment of custody over the property of an absent person, including matters of termination of custody and change of the administrator and duties thereof, are adjudicated by the court that appointed the administrator.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 113.  Adoption

 (1) A matter of adoption can be adjudicated by an Estonian court if the adoptive parent, one of the spouses wishing to adopt or the child is a citizen of the Republic of Estonia or the residence of the adoptive parent, one of the spouses wishing to adopt or the child is in Estonia.

 (2) A petition for adoption is filed with the court of the residence of the adoptive child. If the adoptive child has no residence in the Republic of Estonia, the petition is filed with Harju County Court.

 (3) A matter of declaring an adoption invalid is adjudicated by the court which decided on the adoption.

§ 114.  Extension of active legal capacity of minor

 (1) The matter of extension of the active legal capacity of a minor can be adjudicated by an Estonian court if the minor is a citizen of the Republic of Estonia or his or her residence is in Estonia.

 (2) A petition for extension of the active legal capacity of a minor or a petition for annulment of a decision to extend the active legal capacity of a minor is filed with the court of the residence of the minor. If the minor has no residence in the Republic of Estonia, the petition is filed with Harju County Court.

§ 115.  Establishment of filiation and contestation of entry concerning parent after death of person

  If a person seeks establishment of his or her filiation to a person who is dead or a person contests an entry concerning a parent in the birth registration of a child or in the population register after the death of the person entered in the birth registration or in the population register as a parent, a petition to such effect is filed with the court of the last residence of the person the establishment of filiation to whom is sought or concerning whom the entry in the birth registration or in the population register is contested. If the last known residence of the person was not in Estonia or if the residence is unknown, the petition is filed with Harju County Court.
[RT I 2009, 30, 177 - entry into force 01.07.2010]

§ 116.  Other family matters on petition

 (1) The provisions of § 110 of this Code apply to family matters on petition not specified in this Division, unless otherwise provided by law or dictated by the nature of the matter.

 (2) A matter on petition relating to the legal relationship between spouses or divorced spouses is adjudicated by the court of the territorial jurisdiction of the common residence of the spouses or of the last common residence of the spouses.

 (3) If, in the case specified in subsection (2) of this section, the spouses had no common residence in Estonia or if neither of the spouses currently have a residence within the jurisdiction of the court of their last common residence, the matter is adjudicated by the court of the residence of the spouse whose rights would be restricted by the requested ruling. If the residence of that spouse is not in Estonia or the residence cannot be established, the matter is adjudicated by the court of the residence of the petitioner.

 (4) If jurisdiction cannot be determined on the basis of subsection (2) or (3) of this section, the matter is adjudicated by Harju County Court.

 (5) Provisional legal protection in a family matter on petition can be applied by each court within whose territorial jurisdiction a measure must be applied.

§ 117.  Application of estate management measures

 (1) An Estonian court can apply management measures to an estate located in Estonia regardless of the state whose law is applicable to succession and the state whose authority or official is competent by general jurisdiction to conduct the succession proceeding.

 (2) Estate management measures are applied by the court of the location of the opening of the succession. If a succession opens in a foreign state and the estate is located in Estonia, estate management measures can be applied by the court of the location of the estate.

§ 118.  Jurisdiction of calling matters

 (1) A petition for declaration of a security invalid is filed with the court of the place of redemption of the security and, in the absence of the place of redemption, with the court of general jurisdiction of the issuer of the security.

 (2) A petition for initiation of calling proceedings for preclusion of the rights of the owner of an immovable is filed by the possessor of the immovable pursuant to the provisions of § 124 of the Law of Property Act with the court within the territorial jurisdiction of which the immovable is located.

 (3) In the case provided by § 13 of the Law of Maritime Property Act, the entitled person files a petition for initiation of calling proceedings for the preclusion of the rights of the owner of a ship with Harju County Court.

 (4) A petition for initiation of calling proceedings for preclusion of the rights of an unknown mortgagee (§ 331 of the Law of Property Act) is filed by the owner of the encumbered immovable with the court within the territorial jurisdiction of which the encumbered immovable is located. A petition for preclusion of the rights of an unknown maritime mortgagee or pledgee is filed by the owner of the encumbered ship or the owner of the pledged object encumbered with a registered security over movables pursuant to § 59 of the Law of Maritime Property Act with Harju County Court.
[RT I 2009, 30, 178 - entry into force 01.10.2009]

§ 119.  Jurisdiction of matters on petition relating to legal persons in private law

  [RT I, 21.06.2014, 8 - entry into force 01.01.2015]
Matters on petition related to the activities of a company, non-profit association or foundation other than registry matters, including matters related to the appointment of a substitute member of the management board or supervisory board, auditor, auditor for a special audit or liquidator, or matters related to the determination of the amount of compensation to the partners or shareholders in a company are adjudicated by the court of the seat of the legal person or the branch of a foreign company.
[RT I, 21.06.2014, 8 - entry into force 01.01.2015]

§ 120.  Apartment ownership and common ownership matters

  A matter on petition related to apartment ownership or common ownership is adjudicated by the court of the location of the immovable.

§ 120¹.  Matters of access to public road and tolerating utility works

  Matters of access to a public road and tolerating utility works are adjudicated by the court of the immovable from which access to a public road is sought or on which the utility works is located.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 121.  Matters of recognition, declaration of enforceability or enforcement of decisions of courts and arbitral tribunals of foreign states

  [RT I, 31.12.2014, 1 - entry into force 10.01.2015]
A petition for recognition and declaration of enforceability of a decision of a court or arbitral tribunal of a foreign country, a petition for refusal to recognise or enforce or for suspension of enforcement or another petition in enforcement proceedings shall be filed according to the residence or seat of the debtor, or with the court within whose territorial jurisdiction the conduct of enforcement proceedings is sought, unless otherwise provided by law or an international agreement.
[RT I, 31.12.2014, 1 - entry into force 10.01.2015]

§ 121¹.  Matters of declaring settlement agreement reached as result of conciliation proceeding enforceable

  A settlement agreement reached as a result of a conciliation proceeding specified in subsection 14 (1) of the Conciliation Act is declared enforceable by the court within the territorial jurisdiction of which the conciliation proceeding was conducted.
[RT I 2009, 59, 385 - entry into force 01.01.2010]

Part 3 VALUE OF CIVIL MATTER, PROCEDURAL EXPENSES AND SECURITIES 

Chapter 17 VALUE OF CIVIL MATTER 

§ 122.  Value of civil matter

 (1) The value of a civil matter means the value of an action or the value of a matter on petition.

 (2) The value of an action is the usual value of that which is sought by the action.

 (3) The value of a matter on petition is the usual value of that which is petitioned in the matter on petition, or the usual value of the act made at the initiative of the court.

 (4) Procedural expenses are not taken into account upon determination of the value of a civil matter.

§ 123.  Time which constitutes basis for calculation of value of civil matter

  The calculation of the value of a civil matter is based on the time of filing of the action or other petition.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 124.  Value of action in case of financial claim

 (1) In the case of an action for payment of money, the value of the action is determined by the amount of money claimed. A claim in a foreign currency is translated into euros for the purpose of determining the value of an action as at the time of filing of the action on the basis of the daily exchange rate of the European Central Bank.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

 (2) If the plaintiff requires the performance of an obligation other than a financial obligation from the defendant and also requests the determination of the amount of compensation for damage payable upon failure to perform the obligation, the value of the action is determined on the basis of the claimed amount of compensation for damage.

 (3) The provisions of subsection (1) of this section also apply in matters on petition upon filing of petitions for expedited procedure in matters of payment order.

§ 125.  Value of establishment action

  The value of an establishment action is determined by the value of the benefit to which the plaintiff can be presumed to be entitled in the case of satisfaction of the action. If the value of the benefit cannot be determined, the claim of the action is deemed to be non-proprietary.

§ 126.  Value of action in case of claims involving things or rights

 (1) The value of an action in the case of reclamation of a thing from the possession of a person or other dispute relating to transfer of ownership of a thing or ownership or possession of a thing, including in the case of a dispute on amendment of an incorrect entry made in the land register concerning the owner, is determined based on the value of the thing. This applies regardless of whether the matter is adjudicated on the basis of a contract or a non-contractual legal relationship unless otherwise provided by law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) The value of an action in a dispute relating to a right is determined based on the value of the right.

 (2¹) [Repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012]

 (3) The value of an action in a dispute relating to the securing of a claim and to the corresponding right of security is determined by the value of the claim. If the value of the pledged object is lower than the value of the claim, the value of the thing is taken as the basis.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 127.  Value of action in dispute relating to real servitude

  The value of an action in a dispute related to or arising from a real servitude is determined based on the value of the servitude for the dominant immovable. If the amount by which the value of the servient immovable is reduced by the real servitude is higher than such value, the amount by which the value of the servient immovable is reduced by the real servitude is deemed to be the value of the action.

§ 128.  Value of action in case of contract for use

  The value of an action in the case of a dispute relating to the validity or duration of a lease contract, commercial lease contract or other similar contract for use is the sum total of the user fees payable for the time under dispute which shall however not be longer than one year. In the case of a dispute relating to delivery of the possession of an immovable, construction works or part thereof due to the expiry of a contract, the value of the action is the sum total of the user fees payable for one year.

§ 129.  Value of action upon recurring obligations

 (1) The value of an action in a dispute concerning a claim directed at the performance of recurring obligations is the total value of the obligations which shall however not be higher than three times the total yearly value of such obligations.

 (2) The value of an action in a dispute concerning the performance of a maintenance obligation arising from law, or a dispute involving a claim for regular monetary payments arising from the causing of death, bodily injury or damage to health is the sum total of the claimed payments which shall however not be higher than the amount which would be received for the nine months following the filing of the action.

§ 130.  Value of action upon dispute for termination of application of standard terms

  [Repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 131.  Value of action upon repeal or establishment of nullity of resolution of legal person

  [Repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 132.  Value of action in case of non-proprietary claim

 (1) The value of an action in the case of a non-proprietary claim is presumed to be 3500 euros unless otherwise prescribed by subsection (1¹) of this section.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

 (1¹) The value of an action in the case of a non-proprietary claim provided for in subsection (4) of this section is deemed to be 3500 euros.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

 (2) In the case of a non-proprietary claim, the court may determine the value of an action which is different from the value provided in subsection (1) of this section, taking account of all circumstances, including the extent and importance of the matter as well as the financial situation and income of the parties.

 (3) For the purposes of the value of an action, a claim for compensation for non-proprietary damage caused by causing of death, bodily injury, damage to health or defamation is also deemed to be a non-proprietary claim, provided that the requested amount of compensation is not set out in the action and fair compensation at the discretion of the court is requested.

 (4) For the purposes of the value of an action, the following claims are also deemed to be non-proprietary claims:
 1) the claim for protection of possession (§§ 44 and 45 of the Law of Property Act);
 2) the claim for protection of ownership in the case of a violation unrelated to loss of possession (§ 89 of the Law of Property Act);
 3) the claim of the owner of an immovable entered in the land register for reclamation of the immovable from illegal possession into the owner's possession, except in the case provided for in the second sentence of § 128 of this Code;
 4) the claim for termination of common ownership;
 5) the claim for division of joint property;
 6) the claim for set-off of acquired assets;
 7) the claim for termination of application of unfair standard terms or termination and withdrawal by the person recommending application of the term of recommendation of the term;
 8) the claim for repeal or establishment of nullity of a resolution of a legal person;
 9) the claim for recognition of a claim in a bankruptcy proceeding.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

 (5) For the purposes of the value of an action, the claim for the declaration of compulsory enforcement to be inadmissible is also deemed to be a non-proprietary claim. The court shall not determine the value of an action with such claim to be more than 6000 euros.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 133.  Determination of value of action by principal and collateral claims

 (1) The value of an action is calculated by the principal and collateral claims.

 (2) For the purpose of calculating the value of an action for the collateral claim specified in § 367 of this Code, the amount corresponding to the sum of penalties for late payment accounted for one year is added to the sum of penalties for late payment accounted as at the filing of the action.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 134.  Joinder of claims upon calculation of value of action

 (1) Claims contained in an action are joined for the purpose of calculating the value of the action. If the claims are alternative, the value of the action is determined by the higher claim.

 (2) If an action is filed against several jointly and severally liable defendants or if several plaintiffs file a joint claim against the same defendant in a joint statement of claim, the value of the action is determined by the value of the claim.

 (3) If a proprietary claim is filed together with a related establishment claim, only the value of the proprietary claim is deemed to be the value of the action.

§ 135.  Specification of value of civil matter by petitioner

  The plaintiff or other petitioner specifies the value of the action in the statement of claim, other petition or appeal unless such value clearly arises from the object of the petition or an earlier petition or is exactly specified by law.

§ 136.  Determination of value of civil matter by court

 (1) The court determines the value of a civil matter if such value is not prescribed by law and is not indicated in the petition. The court may determine the value of a civil matter also if the court finds the value of the action specified by the plaintiff or other petitioner to be incorrect.

 (2) For determination of the value of a civil matter, the court may request evidence from the participants in the proceeding, organise inspection or order evaluation by an expert.

 (3) The bearing of the expenses of expert evaluation is prescribed by the ruling on determination of the value of the civil matter. The court may decide that such costs must be borne, in part or in full, by the party who caused the need for evaluation by failing to specify the value, presenting an incorrect value or contesting the value without basis.

 (4) The court has the right amend a ruling on the value of a civil matter before the adjudication of the matter in that court instance. The court may also change the value by the court decision whereby the matter is adjudicated.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (5) [Repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 137.  Value of civil matter upon filing of appeal

 (1) The value of a civil matter in filing an appeal against a court decision, appeal in cassation or appeal against a ruling is equivalent to the value of the matter in the court of first instance, taking account of the extent of the appeal.

 (1¹) A higher court may change the value of the matter if it was determined incorrectly by a lower court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) If a party has filed an appeal against a judgment in the part of both the action and the counterclaim, the values of the action and counterclaim adjudicated by the appealed judgment are joined, provided that the claims of action do not preclude each other. If the claims of action preclude each other, the action with the higher value is taken as the basis.

 (3) The value of a joint appeal by several participants in a proceeding is determined based on the value of that which is requested by the appeal.

 (4) [Repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012]

 (5) In filing an appeal or appeal in cassation against a judgment made in documentary proceedings, an interim judgement or a partial judgment made with a reservation concerning set-off, the value of the matter is presumed to be 1/4 of the value of the matter in the court of first instance.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 18 PROCEDURAL EXPENSES 

Division 1 General Provisions 

§ 138.  Composition and calculation of procedural expenses

 (1) Procedural expenses are the legal costs and extra-judicial costs incurred by a participant in a proceeding.

 (2) Legal costs are the state fee, security and the costs essential to the proceeding.

 (3) In each court instance, the court keeps record of the procedural expenses incurred in the matter, including of the costs essential to the proceeding.

§ 139.  State fee

 (1) A state fee is a sum of money which, pursuant to law, is payable to the Republic of Estonia for the performance of a procedural act.

 (2) A state fee shall be paid on a procedural act for the performance of which a state fee is provided for in the State Fees Act.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

 (2¹) [Repealed - RT I, 21.06.2014, 8 - entry into force 01.07.2014]

 (3) [Repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012]

 (4) [Repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012]

 (5) A state fee is not paid for a petition for initiation of proceedings in a matter on petition which the court is entitled to adjudicate at its own initiative. This does not preclude payment of a state fee on the basis of a court decision.

 (6) A state fee is not paid for a request for procedural assistance.

§ 140.  Security on cassation

 (1) Instead of a state fee, security on cassation is paid for appeals in cassation, appeals against rulings and petitions for review filed with the Supreme Court.

 (2) For an appeal in cassation and petition for review, a security of one percent of the value of the civil matter, which shall not be lower than 100 euros and not higher than 3000 euros, is paid, taking account of the extent of the appeal. A security of 50 euros is paid for matters on petition, non-proprietary claims and appeals against rulings.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 141.  [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 142.  Security for petition to set aside default judgment, reopening of proceeding or restoration of term

 (1) Instead of a state fee, a security is paid for petitions to set aside a default judgment, petitions for restoring a term and petitions for reopening a proceeding.

 (2) For a petition to set aside a default judgment or a petition for reopening a proceeding, a security is paid in an amount equal to the state fee payable for one-half of the value of the action, which shall however not be lower than 100 euros and not higher than 1500 euros.

 (3) For a petition for restoration of a term, a security is paid which:
 1) in an action is equal to the state fee payable for one-quarter of the value of the action, which shall however not be lower than 50 euros and not higher than 1500 euros;
 2) in a proceeding on petition is equal to one-quarter of the state fee payable for the matter on petition, which shall however not be lower than 25 euros.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 143.  Costs essential to proceedings

  Costs essential to proceedings are:
 1) the costs related to witnesses, experts, interpreters and translators as well as the costs of persons not participating in the proceeding incurred in connection with examinations to be compensated for pursuant to the Forensic Examination Act;
[RT I 2010, 8, 35 - entry into force 01.03.2010]
 2) the costs related to obtaining documentary evidence and physical evidence;
 3) the costs related to inspection, including necessary travel expenses incurred by the court;
 4) the costs of service and sending of procedural documents through a bailiff or in a foreign state or on or to extra-territorial citizens of the Republic of Estonia;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
 41) the costs of issuing procedural documents;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
 5) [repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012]
 6) the costs related to the determination of the value of the civil matter.

§ 144.  Extra-judicial costs

  Extra-judicial costs are:
 1) the costs related to the representatives and advisers of the participants in a proceeding;
 2) travel, postal, communications, accommodation and other similar costs of the participants in the proceeding which are incurred in connection with the proceeding;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
 3) unreceived wages or salaries or other unreceived permanent income of the participants in the proceeding;
 4) the costs of pre-trial proceedings provided by law unless the action was filed later than six months after the end of the pre-trial proceedings;
 5) the bailiff's fee for securing an action and the costs related to the enforcement of a ruling on the securing of an action;
 5¹) the bailiff's fee for the service of procedural documents;
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]
 6) the costs related to the processing of an application for procedural assistance in bearing procedural expenses.
 7) the costs of expedited procedure in matters of payment order;
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]
 8) the costs of participation in a conciliation proceeding if the court imposed an obligation on the parties to participate in such proceeding pursuant to subsection 4 (4) of this Act or if it is a mandatory pre-trial conciliation proceeding pursuant to subsection 1 (4) of the Conciliation Act.
[RT I 2009, 59, 385 - entry into force 01.01.2010]

§ 145.  Release from payment of state fee and security

  The Republic of Estonia as a participant in a proceeding is released from payment of the state fee and the security.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Division 2 Bearing of Procedural Expenses 

§ 146.  Persons to bear procedural expenses

 (1) The following persons bear procedural expenses:
 1) a person requesting initiation of a proceeding or performance of another procedural act;
 2) a person who, by way of a petition filed with the court or an agreement, has assumed the obligation to bear the costs;
 3) a person who, based on the court decision, is required to bear the procedural expenses.

 (2) The persons required to pay procedural expenses in advance who fail to make such advance payment bear, to the extent of the unpaid expenses, joint and several liability among themselves and the persons who are required by a court decision to pay such costs for the benefit of the state as well as any other persons obligated to bear the procedural expenses.

 (3) In the relationship among the persons obligated to bear procedural expenses, the person obligated to bear the procedural expenses based on the court decision is responsible for payment of the procedural expenses.

§ 147.  Payment of state fee

 (1) A petitioner pays the state fee for performance of an act for which a state fee is charged in advance. An action is not served on the defendant and other procedural acts arising from an act for which a state fee is charged are not performed before payment of the state fee. A term for payment of the state fee is set for a petitioner and if the petitioner fails to pay the state fee by the due date, the petition is not accepted unless otherwise prescribed by law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) If several claims or requests are filed by a petition, and the state fee has been paid for at least one of them, acceptance of such claim or request shall not be refused due to failure to pay the state fee.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) If the state fee paid for a claim which has been accepted by the court is less than the amount provided by law, the court demands payment of the state fee in the amount provided by law. If the plaintiff fails to pay the state fee by the due date set by the court, the court refuses to hear the action in the part of the claim.

 (4) Upon an increase in the amount of a claim, a supplementary state fee is paid according to the increase in the value of the action. If the plaintiff fails to pay a supplementary state fee, the action is deemed to be filed for the initial value.
[RT I, 21.06.2014, 8 - entry into force 01.07.2014]

 (4¹) The provisions of subsections (3) and (4) of this section apply respectively to payment of the state fee for a petition or appeal in a proceeding on petition.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (5) Upon change of an expedited procedure in matters of payment order into an action, a supplementary state fee is paid on the action to the extent that is not covered by the state fee paid on the filing of a petition for application of expedited procedure in matters of payment order. In the case of filing a petition for changing an expedited procedure in matters of payment order into an action, the matter is not accepted for an action before the state fee for the action has been paid.
[RT I 2006, 61, 457 - entry into force 01.01.2007]

§ 148.  Payment of costs essential to proceedings

 (1) Unless the court rules otherwise, the costs essential to proceedings are paid in advance, to the extent ordered by the court, by the participant in the proceeding who filed the petition to which the costs are related. If a petition is filed by both parties or if a witness or expert is summoned or an inspection is conducted at the initiative of the court, the costs are paid by the parties in equal amounts.

 (2) [Repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012]

 (3) Money to cover the costs specified in subsections (1) and (2) of this section is paid to the court's bank account prescribed for such purpose or at the court in cash or by means of an electronic payment instrument. The court accepts cash to the same extent as it accepts state fees.

 (4) If the party who is required to pay for the costs specified in subsections (1) and (2) of this section in advance fails to do so by the due date set by the court, the court may refuse to perform the requested act.

 (5) An appeal may be filed against a court ruling by which the action of the court is made dependent on the advance payment of the costs essential to the proceeding if the object of the appeal exceeds 640 euros. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

 (6) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 149.  Payment and refunding of security

 (1) [Repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012]

 (2) Security is paid in advance to the bank account prescribed for such purposes of the court from which performance of the procedural act is requested.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

 (3) Before a security is paid no procedural acts related to the security are performed. The petitioner is set a term for payment of the security and if the security is not paid within such term, the petition is not accepted.

 (4) In the case of satisfaction of an appeal in cassation, appeal against a ruling or petition for review, in part or in full, the security is refunded based on a decision of the Supreme Court. In the case of refusal to accept or satisfy an appeal or petition for review, the security is transferred into the public revenues. The security is refunded if an appeal or petition for review is not accepted because it does not comply with the format requirements or because it contains other omissions and the omissions are not corrected by the due date set by the court, likewise if an appeal, petition for review, action or petition in a proceeding on petition is refused to be heard or the proceeding in the matter is terminated.

 (5) In the case of satisfaction of a petition for setting aside a default judgment, reopening of a proceeding or restoration of a term, in part or in full, the security is refunded on the basis of a court ruling. If a petition is not satisfied, the security is transferred into the public revenues. The security is also refunded if a petition is not accepted, likewise if a petition or action is refused to be heard or the proceeding in the matter is terminated.

 (5¹) The security is not refunded if a petition to set aside a default judgment is satisfied in part or in full and it is transferred into the public revenues if an action or summons was served in conformity with the requirements provided for in this Code, including if it was served by public announcement, and the action could be satisfied by making a default judgment. The court may refund the security in the case specified above if the defendant could not respond to the action or appear in the court session due to an accident or illness, of which the defendant could not inform the court.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

 (6) In addition to payment to the bank account of the court, the security may also be paid in cash at the premises of the court, or by means of an electronic payment instrument. The court accepts cash to the same extent as it accepts state fees.

 (7) The security is refunded if the paid amount exceeds the prescribed amount, to the extent of any overpaid amount.

 (8) The security is refunded on the basis of a ruling of the court that adjudicates the petition to the participant in the proceeding who has paid it or for whom it has been paid or at the request thereof to another person. The costs essential to the proceeding are not deducted from the refundable amount. Upon filing a petition or appeal on which security is payable, it shall be indicated in the petition or appeal to whom and to which bank account the security is to be refunded.

 (9) A claim for refunding security expires two years after the end of the year during which such security was paid, however not before the judgment to terminate the proceeding has entered into force.

 (10) An appeal may be filed against a ruling to refuse to refund security made by a county court or circuit court if the security which refund is requested exceeds 64 euros. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

 (11) Compensation of security cannot be demanded from the opposing party or another participant in the proceeding regardless of the content of the court decision terminating the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 150.  Refunding of state fees and other legal costs

 (1) A state fee already paid is refunded if:
 1) the paid amount exceeds the prescribed amount, to the extent of any overpaid amount;
 2) a petition is not accepted;
 3) the hearing of a petition is refused, except in the cases where the hearing of an action is refused due to withdrawal of the action by the plaintiff, failure by both parties or the plaintiff to appear in a court session, failure of the plaintiff to comply with the court's request to find himself or herself an interpreter, translator or representative proficient in Estonian, or failure of the plaintiff to provide a security for covering the presumed procedural expenses of the defendant;
 4) a petition for expedited procedure in matters of payment order is not satisfied in the cases provided for in subsections 483 (2) 1) and 2) of this Code;
 5) an appeal is satisfied, to the person filing an appeal against a ruling, or to the person filing an appeal against a decision of the Industrial Property Committee with a county court, if there are no other participants in the proceeding who participate in the proceeding or if the court does not order another participant in the proceeding to pay the state fee;
 6) an appeal against a ruling on refusal to restore a term is satisfied, to the person filing the appeal against the ruling.

 (2) One half of the paid state fee is refunded if:
 1) the parties or the participants in a proceeding on petition reach a compromise;
 2) the plaintiff discontinues the action;
 3) prior to the making public of a judgment of a court of first instance in full, the parties waive the right to file an appeal.

 (3) Upon refusal to hear a petition or termination of a proceeding due to the approval of a compromise or discontinuance of the action, the state fee paid in the previous court instance is not refunded.

 (4) The state fee is refunded by the court, in the proceeding of which the matter was last, only on the basis of a petition of the party in the proceeding who paid the state fee or for whom the state fee was paid. In the cases specified in clauses (1) 2) and 3) of this section, the costs essential to the proceeding are deducted from the refunded amount. The state fee is refunded to the participant in the proceeding who was required to pay it or upon the request thereof to another person.

 (5) Discontinuance of an action by the plaintiff does not restrict the defendant's right to request that the court order payment by the plaintiff, in full, of the procedural expenses, including the paid state fees, pursuant to the procedure provided for in subsection 168 (4) of this Code.

 (6) A claim for refunding state fees expires two years after the end of the year during which such state fees were paid, however not before the judgment to terminate the proceeding has entered into force.

 (7) The costs essential to the proceeding paid by or for a participant in the proceeding at the request of the court are refunded to the extent of any overpaid amount, and also if the act which costs were paid in advance is not performed or if the state does not incur any costs in connection with the act. The amount is refunded pursuant to the procedure provided in subsections (4)–(6) of this section.

 (8) An appeal may be filed against a ruling to refuse to refund state fees or costs essential to the proceeding made by a county court or circuit court if the amount which refund is requested exceeds 64 euros. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

Division 3 Costs Related to Witnesses, Experts, Interpreters and Translators and Other Costs Related to Giving Evidence 

§ 151.  Compensation for witnesses, fees for experts, interpreters and translators

 (1) Pursuant to the provisions of this Division, compensation is paid to witnesses and fees are paid to experts, interpreters and translators who participate in a proceeding.

 (2) The provisions of this Division, except for § 159, do not extend to the employees of a court or another state agency involved in the capacity of interpreters, translators or experts who, by interpreting, translating or acting as experts, are performing their duties of employment. The extent of and procedure for compensation for the costs of a staff interpreter or translator shall be established by the Government of the Republic. The costs of making an expert assessment by a state forensic institution are compensated to the extent and pursuant to the procedure provided in the Forensic Examination Act.
[RT I 2010, 8, 35 - entry into force 01.03.2010]

 (3) If a witness, expert, interpreter or translator has performed his or her duty, the court pays compensation or fees to them regardless of whether advance payment of the costs has been made by the participants in the proceeding or whether the court has collected the costs from the participants in the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 152.  Payment of compensation for witnesses

 (1) A witness is paid compensation for a witness. Compensation for a witness is compensation for any unreceived salaries or wages or other unreceived permanent income. Compensation for a witness is also paid if a question about evidence is responded to in written form.

 (2) The amount of compensation for a witness is calculated based on the hourly fee rate related to the gross average wages earned by the witness multiplied by the number of hours the witness was absent from work.

 (3) The court determines the hourly rate of compensation for a witness within the limits of minimum and maximum hourly wages established by a regulation of the Government of the Republic.

 (4) If giving testimony did not cause a loss of income to a witness or the witness has no source of income, compensation for a witness is paid to him or her according to the lowest rate.

§ 153.  Payment of fees to experts, interpreters and translators

 (1) Experts, interpreters and translators are paid fees for the performance of their duties in the form of hourly fees within the limits of minimum and maximum hourly wages established by a regulation of the Government of the Republic. Hourly fee payable to experts, interpreters and translators shall not be lower than the minimum permitted hourly wages payable to an employed person and shall not exceed such rate more than 50 times.
[RT I 2010, 8, 35 - entry into force 01.03.2010]

 (2) Upon determination of the hourly fees, the court considers the qualifications of the expert, interpreter or translator, the complexity of the work, any unavoidable costs incurred upon use of necessary means and any special circumstances under which the expert assessment, interpretation or translation was made.

 (3) A person who translated a document is paid for each translated page to the extent established by a regulation of the Government of the Republic. The Government of the Republic may also establish a fixed fee for certain types of expert assessment, interpretation or translation by a regulation.

 (4) If an expert, interpreter or translator so desires, the fee may be paid to the employer of the expert, interpreter or translator or to another person with whom the expert, interpreter or translator has contractual relations based on an invoice presented thereby.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 154.  Witnesses, experts, interpreters and translators from foreign states

  A witness, expert, interpreter or translator residing in a foreign state may be paid compensation or fees according to a higher rate than the rates established by the Government of the Republic if such compensation or fee is usual in his or her state of residence and the person's participation in the proceeding is absolutely necessary. The Government of the Republic may establish the specific procedure for payment of compensation or fees at a higher rate by a regulation.
[RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 155.  Reimbursement of costs to experts

 (1) The costs related to the preparation and compilation of an expert opinion, including necessary expenses for support staff, and for materials and means used upon expert assessment are also reimbursed to the expert.

 (2) The costs specified in subsection (1) of this section are not reimbursed to a higher extent than 20% of the expert's fee.

§ 156.  Reimbursement of travel expenses

 (1) Travel expenses related to a proceeding are reimbursed to witnesses, experts, interpreters and translators to a reasonable extent.

 (2) The Government of the Republic may establish limits on the travel expenses to be reimbursed and specify the composition of the costs subject to reimbursement by a regulation.

§ 157.  Reimbursement of other costs

  Other necessary costs arising from a court proceeding, above all the costs of accommodation and meals are reimbursed to witnesses, experts, interpreters and translators to the extent established by the Government of the Republic.

§ 158.  Advance payment of costs

 (1) If a witness, expert, interpreter or translator summoned to court lacks sufficient funds to travel to the court or he or she cannot be reasonably expected to cover such costs, the witness, expert, interpreter or translator is paid, at his or her request, such costs in advance.

 (2) If an expert, interpreter or translator is fully or mainly absent from his or her professional activities at the request of the court for a period of at least 30 consecutive days, a reasonable advance payment is made to the expert, interpreter or translator at his or her request. An expert may also request advance payment if preparation of an expert opinion requires high expenses which the expert cannot be reasonably expected to be cover.

§ 159.  Determination of costs

 (1) The amount of compensation payable to a witness, the size of an expert's, interpreter's or translator's fee and the costs to be reimbursed to such persons are determined by the court which involved the witness, expert, interpreter or translator. The court sends a transcript of the ruling to the agency designated by a directive of the minister responsible for the area.
[RT I, 28.12.2011, 1 - entry into force 01.01.2012]

 (1¹) Compensation payable to a witness, expert's, interpreter's or translator's fee and compensations for costs include taxes provided by tax legislation which are withheld or if necessary paid by the agency making payment to the person participating in the proceeding. If, according to the recipient, the amounts payable to a natural person constitute business income of the person or the payment is made to the employer of the person entitled to receive payment, the agency executing the ruling transfers the entire amount prescribed by the ruling unless otherwise provided by tax legislation.
[RT I 2010, 8, 35 - entry into force 01.03.2010]

 (2) A witness, expert, interpreter, translator, a participant in the proceeding or the Republic of Estonia through the Ministry of Justice may file an appeal against the ruling of a county court or circuit court specified in subsection (1) of this section or the ruling to refuse to determine costs if the amount requested or determined by the court exceeds 64 euros. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 160.  Procedure for payment of compensation and fees

 (1) Compensation for witnesses and experts', interpreters' and translators' fees are paid only based on their request.

 (2) Unless a witness files a request for payment of compensation and reimbursement of costs with the court, the claim for payment of compensation to a witness and reimbursement of his or her costs terminates three months after the date on which the witness participated in the proceeding for the last time. The court informs a witness of such term and the legal consequences of expiry of the term.

 (3) The court may set an expert, interpreter or translator a term of at least 30 days for submission of the sum total of the claim. Upon setting the term, the court also informs an expert, interpreter or translator of the consequences of expiry of the term.

 (4) The claim of an expert, interpreter or translator terminates unless he or she files the claim within the term set by the court. An expert, interpreter or translator may request restoration of the term if he or she had good reason for failing to respect the term. A petition for restoration of a term may be filed within 14 days after removal of the obstacle and substantiation of the conditions of restoration of the term. No fees or security is payable on the petition for restoration of the term.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (5) Notwithstanding the provisions of subsections (3) and (4) of this section, a claim of an expert, interpreter or translator terminates within one year after the arising thereof.

 (6) Any overpaid compensation for a witness, or expert's, interpreter's or translator's fees, or reimbursed costs may be reclaimed on the basis of a court ruling if such ruling is delivered to the obligated person within one year after the date of overpayment. An appeal may be filed against a ruling of a county court or circuit court if the object of the appeal exceeds the amount of 64 euros. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 161.  Reimbursement of other costs related to submitting of evidence

 (1) A person who submits a document or physical evidence to a court, enables inspection thereof, issues a thing for expert assessment or enables the conduct of expert assessment but who is not a participant in the proceeding has the right to claim reimbursement of necessary costs incurred by him or her in connection with the procedural act from the state. The costs incurred by a person in connection with an expert assessment are reimbursed on the conditions and pursuant to the procedure for reimbursement of the costs of persons not participating in proceedings incurred in connection with expert assessment provided in the Forensic Examination Act.
[RT I 2010, 8, 35 - entry into force 01.03.2010]

 (2) The costs specified in subsection (1) of this section are determined, based on a petition, by the court which conducted the procedural act. The court also sends a transcript of the ruling to the agency designated by a directive of the minister responsible for the area.
[RT I, 28.12.2011, 1 - entry into force 01.01.2012]

 (3) A claim for reimbursement of costs terminates three months after the date on which the procedural act was conducted unless the person entitled to be reimbursed files a petition for reimbursement of the costs with the court. The court informs a person entitled to be reimbursed of such term and the legal consequences of expiry of the term.

 (4) A person who has filed a petition, witness, expert, interpreter, translator, a participant in the proceeding or the Republic of Estonia through the Ministry of Justice may file an appeal against the ruling specified in subsection (2) of this section or the ruling to refuse to determine costs if the amount requested or determined by the court exceeds 64 euros. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

Division 4 Division of Procedural Expenses 

§ 162.  Division of procedural expenses in actions

 (1) The costs of an action are covered by the party against whom the court decides.

 (2) Among other, the party against whom the court decides is required to compensate the other party for any necessary extra-judicial costs which arose as a result of the court proceeding. A party is reimbursed for any extra-judicial costs, including compensation for unreceived wages or other unreceived permanent income on equal grounds and to the same extent as witnesses are compensated for their costs.

 (3) The procedural expenses of a legal representative of a party are reimbursed pursuant to the same procedure as the procedural expenses of a party.

 (4) In the cases where ordering payment of the opposing party's costs from the party against whom the court decides would be extremely unfair or unreasonable, the court may decide that the costs be covered, in part or in full, by the party who incurred the costs.

 (5) [Repealed - RT I, 21.06.2014, 8 - entry into force 01.07.2014]

§ 163.  Division of procedural expenses upon satisfaction of action in part

 (1) In the case an action is satisfied in part, the parties cover the procedural expenses in equal parts unless the court divides the procedural expenses in proportion to the extent to which the action was satisfied or decides that the procedural expenses must be covered, in part or in full, by the parties themselves.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) If an action is satisfied in part, and to an extent similar to the compromise offered by one of the parties, the court may decide that all or most of the procedural expenses must be covered by the party who did not accept the compromise offer.

§ 164.  Division of procedural expenses in contentious matters of family law

 (1) Both parties cover their own procedural expenses in contentious matrimonial and filiation matters.

 (1¹) If an action for establishment of filiation is satisfied, the procedural expenses are covered by the defendant. If an action for establishment of filiation is satisfied, the court may decide that the costs be covered, in part or in full, by the party who incurred the costs, in the cases where ordering payment of the opposing party's costs from the defendant would be extremely unfair or unreasonable.
[RT I, 30.12.2014, 1 - entry into force 01.01.2015]

 (2) The court may divide the procedural expenses differently from the provisions of subsection (1) of this section if the dispute arises from the division of marital property or if such division of the expenses would be unfair and, among other, if such division would excessively damage the essential needs of one of the spouses.

 (3) In the case where the defendant in a maintenance matter has caused the proceeding by failing to provide complete information concerning his or her income or property, the court may decide, regardless of the outcome of the proceeding, that all or part of the procedural expenses must be covered by the defendant.

§ 165.  Division of procedural expenses between co-plaintiffs and co-defendants

 (1) If a decision is made against co-plaintiffs or co-defendants, the co-plaintiffs or co-defendants are liable for the procedural expenses in equal parts unless the court rules otherwise. If persons are participating in a proceeding to a different extent, the court may base the division of expenses on the extent of their participation.

 (2) In a proceeding, a co-plaintiff or co-defendant is not required to cover additional procedural expenses arising from a petition, statement, evidence, appeal or contestation filed by another co-plaintiff or co-defendant. The above also applies if pursuant to subsection 207 (3) of this Code, a procedural act of a co-plaintiff or co-defendant is applicable to other co-plaintiffs or co-defendants.

 (3) If the court decides against defendants who are solidary debtors, the defendants are also jointly and severally liable for covering the procedural expenses. This does not preclude or restrict the application of the provisions of subsection (2) of this section.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 166.  Division of procedural expenses upon substitution of party in case of transfer of disputed object

  Upon substitution of a party in the case of transfer of the disputed object or assignment of claim, the substituted party and the substituting party are jointly and severally liable for the procedural expenses of the opposing party if the court decides in favour of the opposing party. The court determines a different division of costs if dividing the costs in the manner indicated above would clearly be unfair.

§ 167.  Procedural expenses of third party without independent claim

 (1) The procedural expenses of a third party without an independent claim or a representative thereof are compensated for by the opposing party of the party thereof according to the same rules applicable for compensation of the procedural expenses to such party in so far as the opposing party is liable for covering the procedural expenses pursuant to the provisions of this Division.

 (2) If the opposing party is not required to compensate for the expenses, the expenses are covered by the third party without an independent claim. This does not preclude or restrict the right of a third party to claim compensation for the expenses on the grounds arising from private law.

 (3) A third party without an independent claim covers the procedural expenses caused to other participants in the proceeding by a petition, request or appeal thereof unless such expenses are covered by the opposing party thereof.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 168.  Division of procedural expenses upon refusal to accept matter, refusal to hear action, termination of proceeding and admission of claim

 (1) The plaintiff covers the procedural expenses if the court refuses to accept the petition and returns it.

 (2) The plaintiff covers the procedural expenses if an action is not heard or the proceeding is terminated by a ruling, unless otherwise provided by the provisions of subsections (3)–(5) of this section.

 (3) In the case of a compromise, the parties cover their own procedural expenses unless they agree otherwise.

 (4) If the plaintiff discontinues or withdraws an action, the plaintiff covers the defendant's procedural expenses, unless the plaintiff has discontinued or withdrawn the action because the defendant has satisfied the claim after the action was filed.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (5) If the plaintiff discontinues or withdraws an action because the defendant has satisfied the plaintiff's claim after the action was filed, the defendant covers the plaintiff's procedural expenses.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (6) If the defendant admits the action immediately, the plaintiff covers the procedural expenses unless the defendant has given reason for filing the action by his or her behaviour.

§ 169.  Procedural expenses arising from delay of proceeding

 (1) A participant in a proceeding who allows the term for performance of a procedural act to expire or causes the changing of the time of performance of a procedural act, postponement of hearing the matter or extension of a term by his or her belated submission of objections or evidence, or in any other manner, covers the additional procedural expenses arising therefrom. A participant in a proceeding may also be ordered to cover, regardless of the outcome of the proceeding, the expenses caused by service of procedural documents if the delay in service was caused by incorrect information entered in the population register, commercial register or non-profit associations and foundations register concerning the person.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) The procedural expenses related to the restoration of a term, filing of a petition to set aside a default judgment or reopening of a proceeding are covered by the person who files the petition for restoration of a term, for setting aside a default judgment or for reopening a proceeding regardless of whether or not the action is satisfied.

 (3) The court may decide that the procedural expenses related to the filing and contesting of a petition which was not satisfied or a statement or evidence which was disregarded are covered, regardless of the outcome of the proceeding, by the participant in the proceeding who submitted the petition, statement or evidence.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 170.  Expenses related to pre-trial taking of evidence

 (1) The legal costs of pre-trial taking of evidence organised for preliminary safeguarding of evidence or preliminary establishment of facts are borne by the person at whose request the proceeding was initiated.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) The costs of pre-trial taking of evidence are taken into consideration upon division of the expenses of the main proceeding.

§ 171.  Specifications of covering procedural expenses in higher court

 (1) The procedural expenses caused by the filing of an appeal against a court decision, appeal in cassation, appeal against a ruling or petition for review are covered by the person filing the appeal or petition if the appeal or petition is not satisfied.

 (2) If the person who filed an appeal against a court decision or an appeal against a ruling wins the case based on a new fact presented thereby although such fact could have been relied on already in the county court, the court may decide that the party in whose favour the court decided must cover all or a part of the costs related to the appeal against a court decision or appeal against a ruling.

 (3) If the defendant against whom a judgment of a county court is made applies for the application of a limitation period in a circuit court and the defendant failed to apply for application of the limitation period in the county court and the circuit court applies the limitation period, the court may decide that the legal costs of the appeal proceeding must be covered by the defendant.

 (4) In the case a petition for review is satisfied, the procedural expenses related to the review are deemed to be a part of the procedural expenses of the reviewed matter.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 172.  Procedural expenses in proceedings on petition

 (1) In a proceeding on petition, the procedural expenses are covered by the person in whose interests the decision is made. If several persons participate in a proceeding on petition, the court may decide that all or a part of the procedural expenses must be covered by a certain participant in the proceeding if this is fair considering the circumstances, including if the participant in the proceeding has submitted an unfounded petition, statement or evidence.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) If only a petitioner participates in a proceeding or unless the court decides that the procedural expenses must be covered by other participants in the proceeding, the procedural expenses are covered by the petitioner, including the costs of the petitioner's representative, even if the petition is satisfied. If an appeal against a ruling is satisfied, the state fee for the appeal against the ruling is refunded pursuant to the provisions of § 150 of this Code.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) The costs of placement of a person in a closed institution and the proceeding related thereto are covered by the state unless the court decides that all or a part of such costs must be covered by the person himself or herself or his or her guardian, because the court considers this to be fair and the person can be presumed to cover the costs. The court may decide that all or a part of the expenses related to a proceeding for appointment of a guardian for a person or annulment thereof or a proceeding for application of measures related to guardianship, likewise of the expenses related to a proceeding in a family matter on petition and imposition of a restraining order or another similar measure for protection of personality rights must be covered by the state.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (4) In a proceeding on petition, the costs arising from application of estate management measures are covered by the successors pursuant to the provisions concerning obligations of the estate provided by the Law of Succession Act.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (5) The expenses of a proceeding for determination of the amount of compensation payable to the partners and shareholders of a company are covered by the person required to pay the compensation. If this is fair considering the circumstances, the court may decide that all or a part of the expenses must be paid by the petitioner.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (6) The expenses of a proceeding of compulsory dissolution of a legal person and appointment of a substitute member of a management board or supervisory board, auditor, auditor for special audit or liquidator of a legal person and the proceeding related thereto are covered by the legal person. If this is fair considering the circumstances, the court may decide that all or a part of the expenses must be paid by the petitioner or another person.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (7) If the court initiates a proceeding on petition on the basis of an action or petition of a person, the court may decide that all or a part of the procedural expenses must be paid by the person if the proceeding is unfounded or was intentionally caused by the person or due to the person's gross negligence. If initiation of a proceeding is possible only based on a petition and the petition is not satisfied, the court decides that the procedural expenses must be covered by the petitioner, unless otherwise provided by law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (8) In a proceeding on petition, necessary extra-judicial costs are compensated to the participants in the proceeding on the same basis as compensation payable to witnesses. Compensation for extra-judicial costs can be requested only if the court decides that these must be covered by a participant in the proceeding. Covering of extra-judicial costs by the state may be decided only if procedural assistance was granted to a person for covering extra-judicial costs. The above also applies in the case specified in subsection (3) of this section.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (9) The expenses of an expedited procedure in a matter of payment order are covered by the debtor in the case of making a payment order and in the case provided in § 4881 of this Code; and in other cases by the petitioner, unless otherwise provided by law. The provisions concerning procedural expenses in actions apply otherwise. If hearing of a matter of a payment order is continued in actions, the expenses of the expedited procedure in the matter of payment order are included in the procedural expenses for actions.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (10) The state fee payable upon filing a complaint against a decision of a bailiff and filing an application with the court for performance of a notarial act is covered by the participant in the proceeding against whom a decision is made.
[RT I 2010, 26, 128 - entry into force 14.06.2010]

Division 5 Determination of Procedural Expenses 

§ 173.  Determination of division of procedural expenses in court decision

 (1) The court which adjudicates a matter sets out the division of the procedural expenses between the participants in the proceeding in the court judgement or in the ruling on termination of the proceeding, including in a ruling by which a petition in a proceeding on petition or a petition for review is adjudicated or an action or petition in a proceeding on petition or petition for review is not accepted or is refused to be heard or the proceeding in the matter is terminated. The court which is the next to adjudicate the matter sets out in its decision the division of all the procedural expenses which have already been covered. If necessary, the specifications of covering procedural expenses in court instances, including in pre-trial proceedings, are set out.

 (2) The division of procedural expenses shall be set out in a court decision even if the participants in the proceeding fail to request it.

 (3) If a higher court amends a decision which has been made or makes a new decision without referring the matter for a new hearing, the court amends, where necessary, the division of procedural expenses accordingly. If a higher court annuls a decision of a lower court and refers the matter for a new hearing, including if the Supreme Court satisfies a petition for review, the lower court is granted the right to decide on the division of procedural expenses.

 (4) In the division of procedural expenses, the court specifies which procedural expenses are to be covered by each participant in the proceeding, except for the amount of the expenses in money. If necessary, the court determines a proportional division of the procedural expenses between the participants in the proceeding. If several participants in a proceeding, primarily co-plaintiffs or co-defendants, are ordered to cover procedural expenses jointly, the decision shall set out whether they are liable as joint obligors or solidary obligors.

 (5) The court does not set out the division of procedural expenses in an interim judgement, in a partial judgement with a reservation concerning set-off and in a judgement with a reservation concerning contestation in documentary proceedings if the court continues to adjudicate these matters in these cases. In such case the division of procedural expenses is prescribed in the final judgement.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 174.  Competence of court upon determination of procedural expenses

  [RT I, 21.05.2014, 1 - entry into force 01.01.2015]

 (1) The amount of procedural expenses in money is determined on the basis of the division of procedural expenses to the extent necessary and reasonable by the court which conducted proceedings in the civil matter in connection with which they arose. The court determines the amount of procedural expenses in money even if the participants in the proceeding do not submit a request for determining procedural expenses proceeding from the list of procedural expenses or the materials of the civil matter.

 (2) A county court determines the amount of procedural expenses in money in a court judgment or a ruling which terminates the proceeding unless determination of the procedural expenses hinders the making of the judgment or the ruling which terminates the proceeding.

 (3) If a county court determines the amount of procedural expenses in a court judgment or a ruling which terminates the proceedings and the court judgment or the ruling which terminates the proceedings is appealed, the higher court which adjudicates the appeal determines the amount of procedural expenses in that instance of court in money.

 (4) If a county court does not determine procedural expenses in a court judgment or a ruling which terminates the proceeding, the county court which has adjudicated the civil matter determines the amount of procedural expenses in money after entry into force of the court judgment or the ruling which terminates the proceeding pursuant to the procedure provided for in subsection 177 (2) of this Code. When a higher court adjudicates an appeal against a county court's judgment or ruling which terminates the proceeding whereby the county court did not determine procedural expenses, the higher court does not determine the amount of procedural expenses in money.

 (5) If a lower court determined the amount of procedural expenses in money in a court judgment or a ruling which terminates the proceeding and a higher court amends the decision which has been made or makes a new decision without referring the matter for a new hearing, the higher court amends, where necessary, the amount of procedural expenses in money determined by the lower court.

 (6) If a higher court annuls a decision of a lower court in full or in part and refers the matter in the annulled part for a new hearing, including if the Supreme Court satisfies a petition for review, the amount of procedural expenses in money in the annulled part are determined by the lower court adjudicating the matter.

 (7) If a petition for review is not satisfied, not accepted or refused to be heard or if the proceeding is terminated, the amount of procedural expenses in money is determined by the Supreme Court.

 (8) A court determines the amount of procedural expenses in money pursuant to the provisions governing proceedings on petition, taking account of the specifications provided for in this Division.

 (9) Compensation of procedural expenses to a participant in a proceeding is not precluded by the fact that these have been covered for the participant in the proceeding by another person.

 (10) In order to be compensated for the value added tax on procedural expenses, a participant in the proceeding must confirm that the participant in the proceeding is not a person liable to value added tax or cannot recover the value added tax on the incurred expenses due to any other reason.

 (11) A participant in a proceeding shall not file a claim against the participant in the proceeding required to cover the procedural expenses for compensation of costs, such as a claim for compensation for damage or similar, otherwise than pursuant to the procedure provided for determination of procedural expenses in accordance with this Code or to an extent which exceeds the amount determined in such proceeding.
[RT I, 21.05.2014, 1 - entry into force 01.01.2015]

§ 174¹.  [Repealed - RT I, 21.05.2014, 1 - entry into force 01.01.2015]

§ 175.  Compensation of costs of contractual representatives

 (1) If, by a court decision determining the division of procedural expenses, a participant in the proceeding is required to cover the costs related to a contractual representative who has represented another participant in the proceeding, the court orders payment of the costs to a reasoned and necessary extent. A contractual representative is an advocate or another representative who represents a participant in a proceeding in the proceeding pursuant to the provisions of § 218 of this Code.
[RT I, 21.05.2014, 1 - entry into force 01.01.2015]

 (1¹) If a participant in a proceeding obligated to cover the costs related to the contractual representative who has represented another participant in the proceeding in accordance with the division of procedural expenses does not object to such costs, the court may confine itself to verification that the costs of the contractual representative do not exceed the maximum amount established by the regulation of the Government of the Republic on the basis of subsection (4) of this section.
[RT I, 21.05.2014, 1 - entry into force 01.01.2015]

 (2) Only travel expenses are compensated among the costs related to an employee representing a participant in a proceeding. The costs of advisers are not subject to compensation.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) Expenses made on several contractual representatives are compensated if the costs arose due to the complexity of the case or were caused by the need to change representatives.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3¹) The costs for legal assistance incurred by a bailiff in a proceeding for adjudication of a complaint filed against a decision of bailiff and the costs for legal assistance incurred by a notary in a proceeding for adjudication of an application for performance of a notarial act are not subject to compensation.
[RT I 2010, 26, 128 - entry into force 14.06.2010]

 (4) The Government of the Republic shall establish the maximum amounts to the extent of which payment of expenses of contractual representatives can be claimed from other participants in the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 176.  Submission and service of documents related to procedural expenses

  [RT I, 21.05.2014, 1 - entry into force 01.01.2015]

 (1) If a matter is heard in a court session, a list of procedural expenses, which sets out the composition of costs in detail, is submitted to the court before the summations for the purpose of determining the amount of procedural expenses in money. The court sets a term for submission of a list of procedural expenses concerning the costs related to participation in the court session where the hearing of the matter was terminated. The term specified in the previous sentence shall not exceed three working days after the court session.

 (2) If a matter is adjudicated in a written proceeding, the court sets a participant in the proceeding a term for submission of a list of procedural expenses before making the court judgment or the ruling which terminates the proceeding.

 (3) For the purpose of determining procedural expenses in a judgment by default to be made on the basis of § 413 of this Code, the term set by the court for the submission of a list of procedural expenses by the plaintiff to the court shall not exceed three working days after the court session.

 (4) A list of procedural expenses is submitted in each court instance where the proceeding of the matter is conducted in respect of the costs related to the proceeding in this court instance.

 (5) A participant in a proceeding shall confirm that all the costs submitted to the court for the purpose of determining the amount of procedural expenses in money have been incurred in connection with the court proceeding.

 (6) The court may set a participant in a proceeding a term for specification of the procedural expenses to be compensated for or require a participant in a proceeding to submit documents in proof of the procedural expenses. Documents in proof of the procedural expenses need not be submitted without a demand of the court.

 (7) A list of procedural expenses and proof thereof are promptly served on the opposing party.

 (8) A court sets a participant in a proceeding a term for submitting a position on the procedural expenses of the opposing party. The term may not exceed seven days after service of the list of procedural expenses and proof thereof.
[RT I, 21.05.2014, 1 - entry into force 01.01.2015]

§ 177.  Court decision on determination of procedural expenses

  [RT I, 21.05.2014, 1 - entry into force 01.01.2015]

 (1) A court determines the amount of procedural expenses in money:
 1) in the court judgment or the ruling which terminates the proceeding; or
 2) by a ruling after entry into force of the court judgment made on adjudication of the merits of a civil matter or the ruling which terminates the proceeding.

 (2) If a court did not determine the amount of procedural expenses in money in accordance with clause (1) 1) of this section, the county court which adjudicated the merits of the civil matter determines the amount of procedural expenses in money by a ruling within a reasonable period of time after entry into force of the court judgment or the ruling which terminates the proceeding.

 (3) A court decision on determination of the amount of procedural expenses in money is served on the participants in the proceeding.

 (4) Based on a request of a participant in a proceeding, the court sets out in the court decision on determination of procedural expenses that a penalty for late payment to the extent prescribed in the second sentence of subsection 113 (1) of the Law of Obligations Act shall be paid on procedural expenses to be compensated beginning from entry into force of the decision whereby the amount of procedural expenses is determined until the date of compliance with such decision.

 (5) If a court has not taken a position on all the procedural expenses that have been submitted or that are apparent from the materials of the matter, a participant in the proceeding may request that the court supplement the court judgment or ruling on procedural expenses. Supplementing may be requested within ten days after the service of the court judgment or ruling on determination of procedural expenses.

 (6) If procedural expenses are determined in the manner provided for in clause (1) 2) of this section, a court may determine the amount of procedural expenses in money by a ruling without the descriptive part and the statement of reasons if no objections are filed to the court within the term specified in subsection 176 (8) of this Code and the court determines the amount of procedural expenses in money to the extent indicated in the list of procedural expenses. Subsection 448 (4¹) of this Act correspondingly applies to the supplementing of the ruling with the omitted part.
[RT I, 21.05.2014, 1 - entry into force 01.01.2015]

§ 178.  Contestation of determination of procedural expenses

 (1) The division of procedural expenses can be contested only by filing an appeal against the court decision whereby the division of procedural expenses was determined. The amount of procedural expenses subject to compensation can be contested by filing an appeal against the court decision whereby the amount of procedural expenses in money was determined.

 (2) An appeal against the determination of procedural expenses may be filed by the person entitled to be compensated for the procedural expenses or the person obligated to cover the procedural expenses if the amount of the contested procedural expenses exceeds 200 euros.

 (3) If a provision of procedural law was clearly violated or evidence was clearly evaluated incorrectly upon determination of procedural expenses and this could materially affect the decision, a circuit court adjudicates an appeal against the ruling on determination of procedural expenses with a reasoned ruling. In other cases the circuit court may adjudicate an appeal against the ruling with a ruling without the descriptive part and the statement of reasons. The ruling of the circuit court without the descriptive part and the statement of reasons is not subject to appeal.

 (4) The costs incurred upon contesting the determination of procedural expenses are not subject to compensation.
[RT I, 21.05.2014, 1 - entry into force 01.01.2015]

§ 179.  Ordering payment and collection of procedural expenses in favour of Republic of Estonia

 (1) Procedural expenses which must be paid to the state and which do not arise from the state's participation in a proceeding as a participant in the proceeding, including state fees which have not been paid or have been paid in an amount less than required or expenses for procedural assistance ordered to be paid in favour of the state, are ordered by the court adjudicating the matter to be paid by the obligated person in a decision made on the matter or by a separate ruling.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) After entry into force of the decision made on the matter, both the court in which proceeding the expenses arose and the county court which adjudicated the matter may order payment of the expenses specified in subsection (1) of this section by a ruling. A ruling shall not be made if more than two years have passed from entry into force of the court decision made on the matter.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2¹) The court may add to the decision specified in subsections (1) and (2) of this section, whereby procedural expenses or expenses for procedural assistance are ordered to be paid in favour of the Republic of Estonia, the data required for payment of the claim in a separate document.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (2²) A list of the data required for the fulfilment of the claim specified in subsection (2¹) of this section and the technical requirements for formalising these shall be established by a regulation of the minister responsible for the area.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (3) A person required to pay procedural expenses or the Republic of Estonia through the agency designated by a directive of the minister responsible for the area may file an appeal against a ruling of a county court or circuit court specified in subsections (1) and (2) of this section if the value of the appeal exceeds 64 euros. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.
[RT I, 28.12.2011, 1 - entry into force 01.01.2012]

 (4) After entry into force of a decision for ordering, in favour of the state, payment of procedural expenses which do not arise from the state's participation in the proceeding as a participant in the proceeding or a ruling which imposes a fine or another such decision on collection of money, the court sends immediately a transcript thereof to the agency designated by a directive of the minister responsible for the area.
[RT I, 28.12.2011, 1 - entry into force 01.01.2012]

 (5) A person obligated, based on a court decision, to pay money into public revenues must comply with the decision within 15 days after entry into force of the decision unless the decision is subject to immediate enforcement or another term is prescribed by the decision.

 (6) If the obligated person fails to comply with the court decision specified in subsection (4) of this section, the agency designated by a directive of the minister responsible for the area may refer the decision to compulsory enforcement.
[RT I, 28.12.2011, 1 - entry into force 01.01.2012]

 (7) The claim for payment of procedural expenses which do not arise from the state's participation in the proceeding as a participant in the proceeding ordered to be paid in favour of the state by a court decision and the claim to comply with a ruling which imposes a fine or another such decision on collection of money expire three years after entry into force of the decision on ordering payment of money. The provisions of the General Part of the Civil Code Act concerning expiry of claims apply to the expiry of a claim.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (8) The provisions of § 209 of the Code of Enforcement Procedure concerning the enforcement of public claims for payment apply to the collection of claims specified in subsection (7) of this section unless otherwise provided by this section.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (9) Upon delaying with payment of the claim specified in subsection (7) of this section, a penalty for late payment to the extent prescribed in the second sentence of subsection 113 (1) of the Law of Obligations Act shall be paid beginning from the date of entry into force of the decision whereby payment of the procedural expenses was ordered until the date of compliance with such decision. The court also set this out in the decision whereby payment of procedural expenses is ordered.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Division 6 Grant by State of Procedural Assistance for Covering Procedural Expenses 

§ 180.  Grant by state of procedural assistance for covering procedural expenses

 (1) Procedural assistance means assistance by the state for covering procedural expenses. At the request of a person (hereinafter recipient of procedural assistance), the court may order that, as procedural assistance, a recipient of procedural assistance:
 1) is released, in part or in full, from payment of the state fee or security, or from covering other legal costs or the costs of translating procedural documents or the court decision,
 2) may pay the state fee or security, or other legal costs or the costs of translating procedural documents or the court decision in instalments within the term prescribed by the court;
[RT I 2010, 26, 128 - entry into force 14.06.2010]
 3) is not required to pay for the legal aid provided by an advocate appointed by way of procedural assistance or is not required to pay it immediately or in full;
 4) is released, if the recipient of procedural assistance is a claimant, from all or a part of the expenses related to enforcement proceedings on account of the Republic of Estonia or the costs of service of procedural documents through a bailiff in court proceedings, or payment of such expenses in instalments is prescribed within a term provided by the court;
 5) is released from covering the costs related to the exercising of guardianship and from payment of remuneration to a guardian in full or in part on account of the Republic of Estonia;
 6) is released, in part or in full, from payment of expenses related to mandatory pre-trial proceedings, or payment thereof in instalments is prescribed within a term provided by the court;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
 7) is released from all or part of the costs of conciliation proceedings on account of the Republic of Estonia in the case provided in subsection 4 (4) of this Code.
[RT I 2009, 59, 385 - entry into force 01.01.2010]

 (2) Upon grant of procedural assistance in Estonia, a participant in a proceeding who is a citizen of another Member State of the European Union or who has residence in another Member State of the European Union may be released, on account of the Republic of Estonia, from covering the cost of translation of a document requested by the court and submitted by the person applying for procedural assistance, or he or she may be ordered to pay such costs in instalments within a term set by the court, provided that such document is necessary for adjudicating the matter.

 (3) Upon grant of procedural assistance in Estonia, a participant in a proceeding who is a citizen of another Member State of the European Union or who has residence in another Member State of the European Union may be released from covering his or her travel expenses, or he or she may be ordered to pay such costs in instalments, provided that the need for the participant in the proceeding to be present in person is provided by law or the court deems it necessary.

 (4) The provisions of this Division apply to the grant of procedural assistance for payment for legal aid provided by advocates (state legal aid) only insofar as the State Legal Aid Act does not provide otherwise.

§ 181.  Conditions for grant of procedural assistance

 (1) Procedural assistance is granted to the person requesting procedural assistance if:
 1) the person requesting procedural assistance is unable to pay the procedural expenses due to his or her financial situation or is able to pay such expenses only in part or in instalments; and
 2) there is sufficient reason to believe that the intended participation in the proceeding will be successful.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) Participation in a proceeding is presumed to be successful if the petition for the filing of which procedural assistance is requested sets out, to a legally satisfactory extent, the grounds therefor and the facts in proof thereof. The importance of the matter to the person requesting procedural assistance is also taken into consideration upon evaluating the success of the person's participation in the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) A person is not granted procedural assistance if the person's participation in the proceeding is unreasonable and, above all, if that which is petitioned by him or her can be achieved in an easier, more expeditious or less costly manner.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3¹) If it appears upon a review of an application for procedural assistance that there are no grounds for granting procedural assistance due to the financial situation of the applicant, but the court finds that payment of the entire payable state fee at once hinders unreasonably, considering the circumstances of the specific case, the person's right of recourse to the court to protect his or her right or interest which is presumed and protected by law, the court may determine by way of procedural assistance that the state fee payable on the statement of claim or appeal is paid in instalments within the term provided by the court.
[RT I 2010, 26, 128 - entry into force 14.06.2010]

 (4) Procedural assistance is not granted to a petitioner in the expedited procedure in a matter of payment order or for payment of a state fee payable on an entry application in a registry matter.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (5) The success or reasonableness of participation in the proceeding is not evaluated upon requesting procedural assistance for translation of a procedural document or court decision. Procedural assistance is not granted for the translation of procedural documents other than a court decision if a person is represented in the proceeding by a representative.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 182.  Restrictions upon grant of procedural assistance to natural persons

 (1) Procedural assistance is granted to a participant in a proceeding who is a natural person and who, at the time of filing the petition for grant of procedural assistance, has residence in the Republic of Estonia or another Member State of the European Union or is a citizen of the Republic of Estonia or another Member State of the European Union. For the purposes of this Division, residence is determined on the basis of Article 62 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council. Other participants in the proceeding who are natural persons are granted procedural assistance only if this arises from an international agreement.
[RT I, 31.12.2014, 1 - entry into force 10.01.2015]

 (2) Procedural assistance is not granted to a natural person if:
 1) the procedural expenses are not presumed to exceed twice the average monthly income of the person requesting procedural assistance calculated on the basis of the average monthly income of the last four months before the submission of the petition, from which taxes and compulsory insurance payments and amounts prescribed to fulfil a maintenance obligation arising from law, likewise reasonable expenses on housing and transport have been deducted;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
 2) the person requesting procedural assistance is able to cover the procedural expenses out of the existing assets which can be sold without any major difficulties and against which a claim for payment can be made pursuant to law;
 3) the proceeding concerns the economic or professional activity of the person requesting procedural assistance and is not related to his or her rights which are not connected to his or her economic or professional activity.
[RT I, 10.11.2011, 5 - entry into force 01.11.2011 Decision of the Constitutional Review Chamber of the Supreme Court declares to be in conflict with the Constitution and repeals clause 182 (2) 3) of the Code of Civil Procedure in the part that it excludes the provision of procedural assistance to natural persons for the release, in part or in full, from payment of the state fee on recourse to the court if the proceeding concerns the economic or professional activity of the person requesting procedural assistance and is not related to his or her rights which are not connected to his or her economic or professional activity.]
[RT I, 21.04.2011, 17 - entry into force 14.04.2011 - entry into force 14.04.2011 Decision of the Supreme Court en banc declares to be in conflict with the Constitution and repeals clause 182 (2) 3) of the Code of Civil Procedure in the part that it excludes the provision of procedural assistance to natural persons for the release, in part or in full, from payment of the state fee on the appeal if the proceeding concerns the economic or professional activity of the person requesting procedural assistance and is not related to his or her rights which are not connected to his or her economic or professional activity.]

 (2¹) In the case of clauses (2) 1) and 2) of this section, the procedural expenses which may arise upon appealing against a decision made in the proceeding are not accounted for. The assets specified in clause (2) 2) of this section also include joint property to the extent that it may be presumed that the joint owners might reasonably use it to cover procedural expenses.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) The provisions of subsection (2) of this section do not preclude the granting of procedural assistance if the person requesting procedural assistance has residence in another Member State of the European Union and proves that he or she is unable to cover the procedural expenses immediately or in full due to subsistence expenses in the state of residence which are higher than in Estonia.

 (4) [Repealed - RT I, 31.12.2014, 1 - entry into force 10.01.2015]

§ 183.  Restrictions upon grant of procedural assistance to legal persons and bankrupts

 (1) Of legal persons, only non-profit associations or foundations entered in the list of non-profit associations or foundations benefiting from income tax incentives or non-profit associations or foundations equal thereto which have a seat in Estonia or another Member State of the European Union have the right to apply for procedural assistance in order to achieve their objectives, provided that the applicants substantiate that they are applying for procedural assistance in the field of environmental or consumer protection or taking account of another predominant public interest in order to prevent possible damage to the rights protected by law of a large number of persons, provided that they cannot be presumed to cover the costs out of their assets or are able to pay for them only in part or in instalments. Other foreign legal persons are granted procedural assistance only on the basis of an international agreement.
[RT I, 21.04.2011, 16 - entry into force 12.04.2011 Decision of the Supreme Court en banc declares to be in conflict with the Constitution and repeals the first sentence of subsection 183 (1) of the Code of Civil Procedure in the part that it excludes the provision of procedural assistance in a civil proceeding to Estonian legal persons in private law not satisfying the criteria specified in this provision for the release, in part or in full, from payment of the state fee on the appeal.]

 (2) An Estonian bankrupt may apply for grant of procedural assistance in covering the procedural expenses if no possibility or good reason exists to cover such costs out of the assets managed by the trustee in bankruptcy and the costs cannot be presumed to be covered by the persons who have proprietary interest in the matter and, among other, by the successors, members, partners or shareholders, or members of a directing body of the bankruptcy debtor, or by the creditors in the bankruptcy. Procedural assistance designated to cover the remuneration and expenses of a trustee in bankruptcy which are not ordered to be paid into the public revenues shall not exceed 397 euros, including any taxes prescribed by law, except for value added tax.
[RT I, 21.06.2014, 8 - entry into force 01.07.2014]

 (3) A bankrupt may also request the grant of state legal aid in the case specified in subsection (2) of this section. An additional prerequisite for the grant of state legal aid is that the trustee in bankruptcy cannot perform the requested procedural act himself or herself or he or she cannot be presumed to do it considering his or her qualifications and tasks.
[RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 184.  Submission of application for procedural assistance and continued provision of procedural assistance

 (1) An application for procedural assistance is filed with the court which conducts or should conduct the proceedings for covering the costs for which the procedural assistance is requested.

 (2) An application for procedural assistance for covering the expenses arising from an enforcement proceeding is filed with the court which would adjudicate a complaint against the action of a bailiff organising the enforcement proceeding, and an application for procedural assistance for covering the expenses arising from pre-trial proceedings is filed with the court within the territorial jurisdiction of which the pre-trial proceedings takes place.

 (3) The court specified in subsections (1) and (2) of this section is also the authority receiving applications for procedural assistance for the purposes of Article 14 of EU Council Directive 2003/8/EC to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes (OJ L 026, 31.01.2003, pp. 41–47). The court shall not demand legalisation of the application or official certification thereof in another manner.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (4) If a participant in a proceeding has been granted procedural assistance and the person files an appeal against a court decision, the provision of procedural assistance is presumed to continue in every following court instance. However, upon accepting an appeal, the court verifies whether there is sufficient reason to presume that the intended participation in the proceeding will be successful and that the participation in the proceeding is clearly not unreasonable and the court has the right to verify in every court instance whether the economic prerequisites for the grant of procedural assistance have been complied with. The success or reasonableness of participation in the proceeding is not verified if the court decision has already been appealed by another participant in the proceeding and the appeal has been accepted.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (5) In the case specified in subsection (4) of this section, if the court so requests, the recipient of procedural assistance shall provide explanations on whether or not his or her financial situation has changed and shall submit corresponding proof. Where necessary, the court has the right, among other, to request information on the financial situation or solvency of the recipient of procedural assistance or of his or her family members from the Tax and Customs Board, credit institutions and other persons or agencies.

 (6) If a claimant who has been granted procedural assistance in the proceeding of the matter also requests procedural assistance for covering the costs of an enforcement proceeding, the court need not verify additionally whether the economic prerequisites for the grant of procedural assistance have been complied with. The court shall verify the existence of all the prerequisites for the grant of procedural assistance if procedural assistance is requested later than within one year after entry into force of the decision made in the proceeding.

§ 185.  Content of application for procedural assistance

 (1) An application for procedural assistance sets out:
 1) the proceeding for which procedural assistance is requested;
 2) the status or desired status of the applicant in the proceeding and the petitions and requests which the applicant wishes to file;
 3) the grounds on which the claim or objection of the applicant is based.

 (2) An applicant appends to the application a signed statement which sets out his or her personal status and financial situation (relationship under family law, profession, assets, income and obligations) and provides the same information concerning his or her family members, and if possible, also submits other documents in proof of such situation.

 (3) If a person's residence is not in Estonia, he or she appends to the application a statement concerning the income of the person and members of his or her family during the last three years from the competent authorities of the person's state of residence. If the applicant is unable to submit the statement with good reason, provision of procedural assistance may be decided without the statement.

 (4) An applicant who is a legal person appends to the application for legal assistance, if possible, a transcript of the articles of association or statutes, and a certified transcript of the approved annual report for the preceding financial year.

 (5) Sample forms for the application for procedural assistance and the statement specified in subsection (2) of this section, and a list of data to be contained therein shall be established by a regulation of the minister responsible for the area, and the forms for the application for procedural assistance and statement shall be freely accessible to everybody on the website of the Ministry of Justice as well as in each court and advocate's law office. The minister responsible for the area may also establish requirements for the documents which provide the grounds for the application to be submitted by an applicant.

 (6) An application for procedural assistance is submitted in Estonian. An application may also be submitted in English if procedural assistance is requested by a natural person who has residence in another Member State of the European Union, is a citizen of another Member State of the European Union, or is a legal person whose seat is in another Member State of the European Union.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 186.  Assessment of financial situation of applicant

 (1) Upon assessing the financial situation of an applicant, his or her assets and income and the assets and income of family members who live together with the applicant, the number of persons maintained by the applicant, reasonable housing expenses and other relevant circumstances are taken into consideration.

 (2) Upon assessing the financial situation of an applicant, the assets belonging to the applicant which, pursuant to law, cannot be subject to a claim for payment are not taken into consideration. Housing or a necessary vehicle belonging to an applicant for procedural assistance which is used daily by him or her and family members who live together with the applicant are not taken into consideration if the number and value of the housing and vehicles equitably correlate to the size, driving needs and income of the family.

 (3) If an applicant for procedural assistance applies for procedural assistance in order to file a claim against a family member who lives together with him or her, neither the income of the said family member nor assets belonging to him or her are taken into consideration upon assessing the financial situation of the applicant.

 (4) [Repealed - RT I 2006, 7, 42 - entry into force 04.02.2006]

 (5) The court may request certification of submitted data or provision of additional documents or data from an applicant for procedural assistance, or request information on the financial situation or solvency of the applicant and family members living together with him or her from other persons or agencies, among others, from credit institutions. An inquiry must be responded to within the term set by the court.

 (6) If an applicant fails to submit certified data concerning his or her personal status or financial situation, fails to reply to posed questions or gives incomplete replies, the court refuses to grant the person procedural assistance to the extent which is not substantiated.

 (7) The Tax and Customs Board submits, at the request of a court, a statement concerning the income of an applicant for procedural assistance and members of his or her family during the last year or a statement concerning the lack of information on the income of an applicant for state legal aid and members of his or her family. A form for the statement shall be established by a regulation of the minister responsible for the area.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (8) Upon the existence of technical means, the court must be provided with an opportunity to independently check the data necessary for evaluating applicants' financial situation from the databases of the Tax and Customs Board or a person or agency specified in subsection (5) of this section.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 187.  Adjudication of application for procedural assistance

 (1) An application for procedural assistance is adjudicated by a ruling. Where necessary, the court may seek the position of other participants in the proceeding before adjudication of the application.

 (2) The court sends a transcript of a ruling on grant of procedural assistance immediately to the Ministry of Finance or to an agency in the area of administration of the Ministry of Finance designated by the minister responsible for the area.

 (3) If an application for procedural assistance was forwarded to the court by an agency of another Member State of the European Union which is competent to forward applications for procedural assistance, the court sends a transcript of the ruling made concerning the grant of procedural assistance also to such agency.

 (4) An application for procedural assistance may also be adjudicated by an assistant judge.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

 (5) An application for the grant of procedural assistance does not suspend the running of the procedural term provided by law or set by the court. However, the court extends reasonably the term set by the court, in particular the term set for responding to an action, appeal or petition after adjudication of the application for the grant of procedural assistance if the application for the grant of procedural assistance was not submitted without good reason or for the purpose of extending the term.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (6) For compliance with the term provided by law, the applicant for procedural assistance shall, within the term, also perform the procedural act for which procedural assistance is requested, above all, file an appeal. A reasonable term for substantiation of the appeal or payment of the state fee or correction of such a omission in the appeal which is related to the request for procedural assistance is set by the court after adjudication of the application for procedural assistance if the specified application was not submitted without good reason or for the purpose of extending the term. This does not preclude the restoration of the procedural term.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 188.  Suspension of payment of instalments and amendment of size of instalments

 (1) If by way of procedural assistance, the court has ordered payment of procedural expenses in instalments, the court suspends payment of the instalments by a ruling, if:
[RT I 2008, 59, 330 - entry into force 01.01.2009]
 1) it is evident that the payments hitherto made by the recipient of procedural assistance cover the procedural expenses;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
 2) a decision on the basis of which the procedural expenses must be paid by another participant in the proceeding enters in force.

 (2) The court does not suspend payment of the instalments pursuant to clause (1) 2) of this section if the participant in the proceeding who is obligated to cover the procedural expenses based on a court decision has also been granted procedural assistance for covering procedural expenses, or if it is evident, due to another reason, that such participant in the proceeding is not able to cover the expenses.

 (3) The court may amend the size and term for payment of the instalments of procedural expenses by a ruling if the financial situation of the recipient of procedural assistance has changed significantly. If the court so requests, the recipient of procedural assistance shall explain whether or not his or her financial situation has changed and shall submit corresponding proof. Where necessary, the court has the right, among other, to request information on the financial situation or solvency of the recipient of procedural assistance or of his or her family members from the Tax and Customs Board, credit institutions and other persons or agencies.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (4) The provisions of subsection (3) of this section apply if the person, who is the recipient of procedural assistance, changes due to legal succession, including if the plaintiff who has received procedural assistance assigns the claim for the filing of which he or she has received procedural assistance and the legal successor is not entitled to procedural assistance to the same extent.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 189.  Revocation of grant of procedural assistance

 (1) The court may revoke the grant of procedural assistance if:
 1) the recipient of procedural assistance has provided incorrect information in the application for procedural assistance;
 2) the conditions for receipt of procedural assistance did not exist or have ceased to exist, including if the person, who is the recipient of procedural assistance, changes due to legal succession and the legal successor is not entitled to receive procedural assistance;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
 3) the recipient of procedural assistance has not paid the instalments ordered by the court for a period of more than three months;
 4) the recipient of procedural assistance fails to provide explanations concerning a change in the financial situation thereof as requested by the court, or fails to submit the required proof.

 (2) In the case of revocation of procedural assistance, the participant in the proceeding who received procedural assistance covers the procedural expenses thereof to the full extent.

§ 190.  Grant of procedural assistance and division of procedural expenses

 (1) Grant of procedural assistance does not preclude or restrict the obligation of the recipient of procedural assistance to compensate, based on a court decision, the costs incurred by the opposing party.

 (2) The participant in a proceeding against whom a decision is made covers the procedural expenses thereof to the full extent also if the participant in the proceeding is released from payment of procedural expenses or the participant in the proceeding has been granted procedural assistance for covering the procedural expenses.

 (3) If an action is satisfied, the court orders payment into the public revenues by the defendant, in proportion to the part of the action which is satisfied, of the procedural expenses from the covering of which the plaintiff was released or which the plaintiff was allowed to pay in instalments, regardless of whether the defendant received procedural assistance for covering procedural expenses. The same applies to the grant of procedural assistance to a third person participating in the proceeding in support of the plaintiff if the action is satisfied.

 (4) If a plaintiff, or a third party participating in the proceeding in support thereof, or a petitioner in a proceeding on petition received procedural assistance for covering procedural expenses and the action or petition is not satisfied or the hearing is refused or the proceeding of the matter is terminated, such person is ordered to pay procedural expenses into the state revenues to the full extent. If the plaintiff discontinues or withdraws an action because the defendant satisfied the claim after the action was filed, the provisions of subsection (3) of this section apply.

 (5) If the defendant or a third party participating in the proceeding in support thereof received procedural assistance for covering procedural expenses and the action is satisfied, such person is ordered to pay procedural expenses into the state revenues to the full extent. If an action is not satisfied or the hearing is refused or the proceeding of the matter is terminated, the court orders payment into the public revenues by the plaintiff, in proportion to the part of the action which was not satisfied, of the procedural expenses, from the payment of which the defendant or a third party participating in the proceeding in support thereof has been released or which the defendant or a third party participating in the proceeding in support thereof was allowed to pay in instalments, regardless of whether the plaintiff received procedural assistance for covering procedural expenses.

 (6) If a participant in a proceeding was granted procedural assistance for covering procedural expenses in a proceeding on petition, the court may order payment of the procedural expenses into the state revenues by another participant in the proceeding on the conditions provided for in subsection 172 (1) of this Code.

 (7) The court may prescribe in the court decision specified in subsections (3)–(6) of this section, with good reason, inter alia due to settlement of a matter by compromise, a later due date for payment of expenses into the state revenues or payment in instalments within the term set by the court, and it may also release a person from the obligation to pay procedural expenses into the state revenues.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (7¹) [Repealed - RT I, 21.06.2014, 8 - entry into force 01.07.2014]

 (8) If a participant in a proceeding was granted procedural assistance, including state legal aid, in a proceeding conducted on the basis of Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, the provisions of this Code concerning the division of procedural expenses apply only to the extent that the specified regulation does not provide otherwise.
[RT I, 14.03.2011, 2 - entry into force 18.06.2011]

§ 191.  Filing of appeal against ruling on procedural assistance

 (1) An applicant for or recipient of procedural assistance or the Republic of Estonia through the Ministry of Finance or an agency within the area of administration of the Ministry of Finance designated by the minister responsible for the area may file an appeal against a ruling of a county court or circuit court on grant of or refusal to grant procedural assistance, or a ruling on amendment or revocation of either of the above rulings. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) A ruling on procedural assistance is not subject to appeal if the court decision made in the civil matter has entered into force.

 (3) The costs related to processing of an appeal against a ruling are not subject to compensation.

 (4) The provisions of § 179 of this Code apply to the rulings specified in subsections 190 (3)–(6) of this Code, whereby payment of procedural expenses into the state revenues by a participant in the proceeding is ordered, and to the filing of appeals against such rulings.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 192.  Grant of procedural assistance for proceedings conducted in other Member States of European Union

  Procedural assistance for ensuring legal aid by an advocate or for the translation of an application and appendixes thereof may be applied for, pursuant to §§ 33 and 34 of the State Legal Aid Act, from Harju County Court in the case of a proceeding conducted in another Member State of the European Union.

§ 193.  Intermediation of applications for grant of procedural assistance to other Member States of European Union

 (1) A person entitled to receive procedural assistance pursuant to the provisions of this Division may apply, by the intermediation of Harju County Court, for the grant of procedural assistance in a proceeding conducted in another Member State of the European Union.

 (2) For the purpose of forwarding an application for procedural assistance, the application together with the documents appended thereto are submitted to the court in a language of the Member State in which the grant of procedural assistance is applied for, provided that the language is an official language of the European Union or that the Member State agrees to the use of such language pursuant to Article 14(3) of Directive 2003/8/EC.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) The court assists an applicant for procedural assistance upon applying for procedural assistance in another Member State of the European Union by verifying that all the documents which, according to the information at the disposal of the court, are necessary for adjudicating the application have been appended to the application and arranging, where necessary, for the translation of the application and documents. The documents need not be legalised or officially certified in another manner.

 (4) The court adjudicates an application for forwarding an application for procedural assistance by way of a proceeding on petition. The court may make a reasoned ruling on refusal to forward an application for procedural assistance if the application is clearly unfounded or evidently does not fall within the area of application of Directive 2003/8/EC.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (5) The court forwards an application for procedural assistance together with additional documents to the agency of the corresponding Member State of the European Union competent to receive such application within 15 days after the receipt or formalisation of the application and the additional documents in a language conforming to the requirements.

 (6) Forwarding of applications for procedural assistance is not subject to a state fee. If an application for procedural assistance is not satisfied, the court may order, by a ruling, payment of other procedural expenses and, above all, of translation and interpretation fees by the person who submitted the application.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (7) An applicant may file an appeal against a ruling on refusal to forward the application. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.

 (8) The minister responsible for the area shall establish, by a regulation, standard forms for the applications for receipt of procedural assistance in other Member States of the European Union and for the forwarding thereof prescribed by Article 16(1) of Directive 2003/8/EC. If the standard forms exist, the applicant and the forwarder of the application shall use these.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (9) If an agency of another Member State of the European Union competent to receive an application rejects an application for the grant of procedural assistance due to the financial situation of the applicant or notifies of its intention to reject the application, the court issues, at the request of the applicant, a statement on the financial situation to him or her if he or she would be entitled to procedural assistance due to his or her financial situation in Estonia and forwards the statement as a supplement to the application and in the same language as the application to the agency competent to receive the application.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 19 SECURITY 

§ 194.  Manner of provision of security and amount of security

 (1) If law prescribes the obligation of a party to provide a security, the court determines the manner of providing the security and the amount thereof. If the court has failed to do so and the parties have not agreed otherwise, a security is provided by depositing money or securities in the deposit account of the court, or as an irrevocable and unconditional guarantee issued for an unspecified term by a credit institution of Estonia or another Member State of the European Union for the benefit of the other party.

 (2) Securities having a market price may be used as a security. Securities are accepted as a security to an extent not higher than 3/4 of their market price.

 (3) The provisions of the Law of Obligations Act concerning deposits apply to the making of deposits in the deposit account of the court.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

 (4) Information concerning the deposit account of the court and reference numbers required for making a deposit are published on the website of the court.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 195.  Return of security

 (1) If the reason for provision of security ceases to exist, the court which required the security or enabled the provision thereof returns the security based on a petition by the person who provided the security. If the security was provided in the form of a guarantee, the court orders termination of the guarantee.

 (2) Before making a ruling, the court sends the petition for the return of security to the party for whose benefit the security was provided for obtaining the position thereof.

 (3) The petitioner may file an appeal against a ruling on refusal to return the security. The party for whose benefit a security was provided has the right to file an appeal against a ruling on return of the security.

§ 196.  Provision of security for covering procedural expenses

 (1) In an action, the court may require at the request of the defendant that the plaintiff provide a security to cover the expected procedural expenses of the defendant if:
 1) the plaintiff is not a citizen of the Republic of Estonia, another Member State of the European Union or a state which is a contracting party to the EEA Agreement and he or she has no residence in Estonia, another Member State of the European Union or a state which is a contracting party to the EEA Agreement;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
 2) the plaintiff is a legal person whose seat is not in Estonia, another Member State of the European Union or a state which is a contracting party to the EEA Agreement;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
 3) due to the plaintiff's economic situation or for another reason, collection of the expected procedural expenses of the defendant is clearly impracticable and, above all, in the cases where the plaintiff has been declared bankrupt, a bankruptcy proceeding has been initiated against the plaintiff or if, within the year prior to the filing of the action, an enforcement proceeding has been conducted in respect of the plaintiff's property and the claim filed in the enforcement proceeding was not satisfied.

 (2) The court has no right to require the provision of a security from the plaintiff if the plaintiff has sufficient assets in Estonia to cover the procedural expenses or has claims in Estonia which are sufficiently secured by real rights. In the cases specified in clauses (1) 1) and 2) of this section, the court has no right to require the provision of a security by the plaintiff if:
 1) based on an international agreement, a security cannot be demanded;
 2) the decision on compensation of the procedural expenses to the defendant is subject to enforcement in the country of residence or seat of the plaintiff.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2¹) If the prerequisites for requiring a security are fulfilled, the court may still not require the security in full or in part or order its payment in instalments if the plaintiff due to economic or other reasons cannot be reasonably expected to provide a security and refusal to hear the action may result in grave consequences for the plaintiff or if requiring a security would be unfair in respect of the plaintiff due to another reason.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) The defendant may also require a security from the plaintiff specified in subsection (1) of this section if the prerequisites for the provision of a security arise only in the course of the proceeding unless the defendant admits the action. If it becomes evident in the course of a proceeding that the provided security is not sufficient, the defendant may require an additional security.

 (4) The plaintiff may file an appeal against the ruling of the county court or circuit court which ordered the provision of a security. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.

§ 197.  Setting of term for provision of security

  In the case specified in § 196 of this Code, the court sets the plaintiff a term for the provision of a security to cover the expected procedural expenses of the defendant. If the plaintiff fails to provide a security within such term, the court refuses to hear the action at the request of the defendant.

Part 4 PARTICIPANTS IN PROCEEDING AND THEIR REPRESENTATIVES 

Chapter 20 GENERAL PROVISIONS 

§ 198.  Participants in proceeding

 (1) The following are participants in a proceeding:
 1) in actions – the parties and third parties;
 2) in a proceeding on petition – the petitioner and other persons to whom the matter pertains.

 (2) In the cases prescribed by law, a person or agency entitled to protect public interest is also a participant in a proceeding.

 (3) In a proceeding on petition, the court involves the participants at its own initiative. It is presumed that the persons who are entitled by law to appeal against a ruling made in a proceeding on petition are the participants in the proceeding. A person is not a participant in a proceeding solely for the reason that he or she must be heard pursuant to law or that the court considers it necessary. The court may also involve other persons or agencies in a proceeding to provide a position if this is necessary in the opinion of the court for more correct adjudication of the matter.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 199.  Rights of participants in proceeding

 (1) The participants in a proceeding have the right to:
 1) examine the file and obtain transcripts thereof;
 2) know the composition of the court adjudicating the matter;
 3) file petitions of challenge and submit requests;
 4) submit statements and reasoning to the court concerning all questions which arise in the course of hearing the matter in court;
 5) submit evidence and participate in the inspection and examination of evidence;
 6) contest petitions and reasoning submitted by other participants in the proceeding;
 7) submit questions to other participants in the proceeding, witnesses and experts;
 8) receive authenticated transcripts of court judgments prepared as documents.

 (2) The participants in a proceeding also have other procedural rights provided for in this Code.

§ 200.  Obligations of participant in proceeding

 (1) A participant in a proceeding is required to exercise the procedural rights in good faith.

 (2) A court does not allow the participants in a proceeding, their representatives or advisers to abuse their rights, delay the proceeding or mislead the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

 (4) A participant in a proceeding and a representative thereof shall immediately inform the court and other participants in the proceeding of any changes to the address or telecommunications numbers thereof, including temporary changes thereto, during the court proceeding.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 201.  Passive civil procedural legal capacity

 (1) Passive civil procedural legal capacity is the capacity of a person to have civil procedural rights and discharge civil procedural obligations.

 (2) Every person who has passive legal capacity under civil law has passive civil procedural legal capacity. Foreign associations of persons, foreign agencies and international organisations whose passive legal capacity is recognised in Estonia based on the provisions of private international law also have passive civil procedural legal capacity.

§ 202.  Active civil procedural legal capacity

 (1) Active civil procedural legal capacity is the capacity of a person to exercise civil procedural rights and perform civil procedural obligations in court by the person's acts.

 (2) Persons with restricted active legal capacity do not have active civil procedural legal capacity, except if the restriction of active legal capacity of an adult does not relate to the exercise of civil procedural rights and performance of civil procedural obligations. A minor of at least 15 years of age has the right to participate in a proceeding together with his or her legal representative.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) If an adult with active civil procedural legal capacity is represented in a proceeding by his or her guardian, the represented person is deemed to have no active civil procedural legal capacity.

 (4) In a proceeding for establishment of guardianship for an adult with restricted active legal capacity, the person with respect to whom establishment of guardianship is requested has active civil procedural legal capacity. In a proceeding for placing a person in a closed institution, the person has active civil procedural legal capacity regardless of his or her age, unless he or she is less than fourteen years of age.

§ 203.  Active civil procedural legal capacity of aliens

  An alien who, according to the law of his or her state, has no active civil procedural legal capacity, is deemed to have active civil procedural legal capacity if he or she has such capacity under Estonian law.

§ 204.  Verification of passive civil procedural legal capacity and active civil procedural legal capacity

 (1) The court verifies the existence of the passive civil procedural legal capacity and active civil procedural legal capacity of the participants in a proceeding and in the case of absence thereof does not permit the person to participate in the proceeding.

 (2) If the court has doubts regarding the active civil procedural legal capacity of a participant in a proceeding who is a natural person, the court may demand that the person provide a doctor's opinion or to order an expert assessment. If the person refuses to comply with the directions of the court or the documents submitted fail to remove the doubts of the court, the court initiates a proceeding for appointing a guardian for the participant in the proceeding. If initiation of a proceeding for appointment of a guardian for a plaintiff, petitioner or appellant is impossible, the court refuses to hear the petition or appeal.

 (3) The court may also permit a participant in a proceeding with no active civil procedural legal capacity to participate in the proceeding if prevention of participation in the proceeding endangers an essential interest of a participant in the proceeding. In such event, the court sets the person a term for appointment of a representative. A court decision on termination of the proceeding shall not be made in the proceeding before the expiry of such term.

 (4) If the court has doubts regarding the active legal capacity of a participant in a proceeding, the court informs immediately the rural municipality or city government of the residence of the participant in the proceeding thereof.

Chapter 21 PARTIES 

§ 205.  Parties

 (1) The parties in a civil proceeding are the plaintiff and the defendant.

 (2) The plaintiff is a person who has filed an action. The defendant is a person against whom an action is filed.

§ 206.  Rights of parties

 (1) In addition to the rights of a participant in a proceeding, a plaintiff has the right to amend the cause or object of an action, increase or decrease a claim or discontinue an action, and a defendant has the right to admit a claim. A party has the right to appeal against a court decision and other procedural rights prescribed by this Code.

 (2) Parties have the right to discontinue a matter by compromise.

 (3) A party has the right to request compulsory enforcement of a court decision. A participant in a proceeding has the same right in a proceeding on petition.

§ 207.  Participation of several plaintiffs or defendants in matter

 (1) Several persons may file a joint action and an action may be filed jointly against several defendants if:
 1) the object of the proceeding is a joint right of several persons;
 2) several persons have rights or obligations arising from the same grounds;
 3) similar claims or obligations which arise from the grounds which are essentially similar are the object of the proceeding.

 (2) Each plaintiff or defendant participates in a proceeding independently with regard to the opposite party. Unless otherwise prescribed by law, an act of a plaintiff or defendant does not bear legal consequences for a co-plaintiff or co-defendant.

 (3) If a disputed legal relationship can be established only with regard to all co-plaintiffs or co-defendants jointly, and even one of the co-plaintiffs or co-defendants adheres to a procedural term, participates in the proceeding, files an appeal or participates in the performance of any other procedural act, the acts of such participant in the proceeding are deemed to be valid with respect to all the other co-plaintiffs or co-defendants.

§ 208.  Substitution and involvement of defendant

 (1) If a plaintiff finds that the action was erroneously filed against a person who should not be the defendant, the court may, at the request of the plaintiff, substitute the existing defendant with another defendant at the request of the plaintiff before the end of the court hearing of the matter in a court of first instance without discontinuing the proceeding. In such case the action against the initial defendant is deemed to be withdrawn.

 (2) If a plaintiff finds that the action was not filed against all persons who are parties to the disputed legal relationship, the court may, before the end of the court hearing of the matter in a court of first instance, involve such persons as defendants at the request of the plaintiff.

 (3) Following the substitution or involvement of a defendant, the plaintiff shall submit a transcript of the statement of claim together with annexes to the court for the substituted or involved defendant. Following the substitution or involvement of a defendant, the hearing of the matter commences from the beginning.

§ 209.  Legal succession in proceeding

 (1) In the case of the death of a party who is a natural person or dissolution of a party who is a legal person or in any other case where universal succession is created, the court permits the universal successor of such party to enter the proceedings unless otherwise prescribed by law. Universal succession is possible at every stage of a proceeding.

 (2) Any procedural acts performed prior to the entry of a universal successor in the proceeding are binding on the universal successor to the same extent to which such acts would have been binding on the legal predecessor of the universal successor.

§ 210.  Transfer of disputed object

 (1) The filing of an action and the conduct of proceedings in an action do not interfere with a party's right to transfer a disputed object or to assign a disputed claim.

 (2) Transfer of ownership of a disputed object or other such right related thereto, or assignment of a disputed claim to a third party (singular succession) does not affect, in itself, the conduct of proceedings in a matter.

 (3) In the case specified in subsection (2) of this section, the legal successor may enter the proceeding to replace the legal predecessor thereof if the opposing party and the legal predecessor agree thereto. 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.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (4) If an object is transferred by the plaintiff and the judgment to be made in the matter would not apply to the legal successor pursuant to § 460 of this Code, the defendant may submit an objection to the plaintiff that the plaintiff has lost the right of claim.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 211.  Transfer of immovables, ships and aircraft

 (1) In the case of transfer of an immovable in the course of a dispute between the owner of the immovable and a third person over the existence or absence of a real right to the immovable or existence or absence of a notation guaranteeing such right, or over an obligation related to the immovable, the legal successor has the right and, if the opposing party requests it, the obligation to enter the proceeding as a party substituting for the current party at the time of transfer of the ownership of the immovable. 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.

 (2) If the opposing party requests that the legal successor of the other party enter the proceeding but, regardless of being served the request by the court, the legal successor fails to enter the proceeding, the legal succession is deemed to be admitted and the party is deemed to be substituted by serving the request.

 (3) The provisions of subsections (1) and (2) of this section do not apply if the judgment to be made in the matter would not apply to the legal successor pursuant to § 460 of this Code. 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.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (4) The provisions of subsections (1)–(3) of this section also apply to disputes related to a right to a ship entered in the ship register or an aircraft entered in the register of civil aircraft.

Chapter 22 THIRD PARTIES 

§ 212.  Third party with independent claim

 (1) If a third party files an independent claim concerning the object of the dispute between the plaintiff and defendant, the third party may file an action in the same proceeding against both parties before the hearing of the matter on the merits at a county court ends.

 (2) A third party with an independent claim has the rights and obligations of the plaintiff.

§ 213.  Third party without independent claim

 (1) A third party who does not have an independent claim concerning the object of the proceeding but has legal interest in having the dispute resolved in favour of one of the parties may enter the proceeding in support of either the plaintiff or the defendant. On the grounds and pursuant to the procedure provided in § 216 of this Code, a third party without an independent claim may be involved in a proceeding also at the request of a party.

 (2) A third party without an independent claim may enter or be involved in a proceeding at all stages of the proceeding in every court instance until the time the court judgment enters into force. A third party without an independent claim may also enter a proceeding by filing an appeal against a court decision. In such case, the involvement of the person is adjudicated simultaneously with adjudication of the acceptance of the appeal.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 214.  Consequences of entry or involvement in proceeding of third party without independent claim

 (1) Procedural acts performed before the entry or involvement in a proceeding of a third party without an independent claim are also valid with respect to the third party.

 (2) A third party without an independent claim may perform all procedural acts except the acts which can be performed only by the plaintiff or the defendant, among other, a third party without an independent claim may file an appeal against a decision made in the matter. 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 the proceeding. 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 the proceeding, unless otherwise provided by law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) In the proceeding to follow, a third party without an independent claim has no right to rely, in respect of the plaintiff or defendant in whose support the third party entered or was involved in the proceeding, on an allegation that the conclusion of the decision made in the proceeding is incorrect or that the facts were incorrectly established.

 (4) If a party initiates a proceeding against a third party without an independent claim on the basis of the proceeding conducted before, the third party also has the right to submit objections submitted thereby in the proceeding as a third party and which are contrary to the petitions of a party. 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 the proceeding 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.

§ 215.  Entry in proceeding of third party without independent claim

 (1) In order to enter a proceeding, a third party without an independent claim submits a petition to this effect to the court conducting proceedings in the matter.

 (2) In addition to other information which a procedural document must contain (§ 338), a petition specified in subsection (1) of this section sets out the following:
 1) information on the parties and the court action;
 2) the reasons of the legal interest that the third party without an independent claim has in the matter;
 3) a request for joining in the proceeding.

 (3) The court serves the petition specified in subsection (1) of this section on both parties and sets them a term for forming a position.

 (4) The court satisfies the petition of a third party without an independent claim and allows the third party to enter the proceeding if the petition conforms to the requirements provided by law and the third party provides reasons for the legal interest thereof.

 (5) If it becomes evident that the third party has entered the proceeding without good reason, the court may remove the third party from the proceeding by a ruling.

 (6) A ruling whereby the court permits a third party to enter a proceeding, refuses to give such permission or removes a third party from a proceeding is subject to appeal by the parties or the third party. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.

§ 216.  Involvement of third party

 (1) A party who, upon adjudication of a court action against such party, has the right to file a claim against a third party arising from the circumstances which the party considers to be a breach of contract, or a claim for compensation of damage or for release from the obligation to pay damages, or who has reason to presume that such claim may be filed against the party by a third party, may file, until the end of pre-trial proceedings or during the term prescribed for submission of documents in written proceedings, a petition with the court conducting proceedings in the matter in order to involve the third party in the proceeding.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

 (1¹) After the end of pre-trial proceedings, a petition for involvement of a third party in the proceeding may be filed only with the consent of other participants in the proceeding or the court. 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.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

 (2) A petition for involving a third party in support of the plaintiff or the defendant sets out:
 1) the name of the third party;
 2) the content and stage of the proceeding;
 3) the reason and grounds for involving the third party in the proceeding.

 (3) The court serves the petition on the third party, informs the other party of the petition and sets them a term for forming a position.

 (4) If the petition conforms to the requirements provided by law and the party provides reasons for the need to involve the third party, the court involves the third party by a ruling. A third party is deemed to be involved in the proceeding in support of the party who involved the third party as of the date on which the ruling to involve the third party was served on the third party.

 (5) If it becomes evident that the third party has been involved in the proceeding without good reason, the court may remove the third party from the proceeding by a ruling.

 (6) A ruling whereby the court involves or refuses to involve a third party in the proceeding, or removes such party from the proceeding is subject to appeal by the parties or the third party. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.

Chapter 23 REPRESENTATION 

§ 217.  Representation in court

 (1) Unless otherwise provided by law, a participant in the proceeding may participate in the proceeding in person or through a representative with active civil procedural legal capacity.

 (2) Personal participation in a matter does not deprive a participant in a proceeding of the right to have a representative or adviser in the matter. Participation of a representative in a matter does not restrict the personal participation in the matter of a participant in a proceeding with active civil procedural legal capacity.

 (3) A participant in a proceeding without active civil procedural legal capacity is represented in court by his or her legal representative.

 (4) Unless otherwise provided by this Code, the provisions of the General Part of the Civil Code Act concerning representation apply to representation in court.

 (5) A representative has the rights and obligations of the participant in a proceeding whom he or she represents. A procedural act performed by a representative is deemed to have been performed by the participant in the proceeding who is represented. This applies to admitting a fact or another statement in so far as the participant in the proceeding who is present does not immediately withdraw or amend the admission or statement.

 (6) The behaviour and knowledge of a representative is deemed to be equivalent to the behaviour and knowledge of a participant in a proceeding.

 (7) If a representative appointed for such purpose represents a child in a proceeding, the parents have no right to represent the child in the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (8) If the court finds that a natural person who is a participant in a proceeding is unable to personally protect his or her rights or that his or her essential interests may be insufficiently protected without the assistance of an advocate, the court explains the possibility to receive state legal aid to such person.

§ 218.  Contractual representative

 (1) The following may act as contractual representatives in court:
 1) an advocate;
 2) another person who has acquired at least a state-recognised Master's Degree in the field of study of law, a corresponding qualification within the meaning of subsection 28 (2²) of the Republic of Estonia Education Act or a corresponding foreign qualification;
[RT I 2008, 29, 189 - entry into force 01.07.2008]
 2¹) [repealed - RT I 2008, 29, 189 - entry into force 01.07.2008]
 3) a procurator in all court proceedings related to the economic activities of a participant in a proceeding;
 4) one plaintiff based on the authorisation of the co-plaintiffs or one defendant based on the authorisation of the co-defendants;
 5) an ascendant, descendant or spouse of a participant in a proceeding;
 6) another person whose right to act as a contractual representative is provided by law.

 (2) A public servant or employee of a participant in a proceeding may act as a contractual representative of the participant in the proceeding if the court considers him or her to have sufficient expertise and experience to represent the participant in the proceeding.

 (3) In an action in the Supreme Court, a participant in the proceeding may perform procedural acts and file petitions and applications only through a sworn advocate. In a proceeding on petition in the Supreme Court, a participant in the proceeding may perform procedural acts and file petitions and applications personally or through an advocate.

 (4) In an action in the Supreme Court a participant in the proceeding may personally file an application for being granted procedural assistance and likewise present positions on and objections to appeals or other petitions of another participant in the proceeding. A participant in a proceeding may present positions in a session of the Supreme Court together with a sworn advocate.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (5) The minister responsible for the area or a representative appointed thereby may represent the Republic of Estonia in the Supreme Court even if he or she is not a sworn advocate. A bankrupt may also be represented in an action in the Supreme Court by the trustee in bankruptcy. A participant in a proceeding may be represented in a proceeding on petition in the Supreme Court by a notary pursuant to the procedure provided in § 30 of the Notaries Act.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 219.  Representative appointed by court

 (1) If a petition is filed by a person without active civil procedural legal capacity or an action is filed against a person without active civil procedural legal capacity who has no legal representative, the court appoints a temporary representative to him or her until the legal representative enters the proceeding if prevention of the participation of the party in the proceeding endangers an essential interest of a party.

 (2) In a family matter, the court may appoint a representative to a person without active civil procedural legal capacity in a proceeding which concerns him or her if this is necessary for protection of the interests of the person without active civil procedural legal capacity. A representative must be appointed if:
 1) the interests of the person without active civil procedural legal capacity are contrary, to a significant extent, to the interests of his or her legal representative;
 2) the court conducts proceedings in a matter of placement of a person without active civil procedural legal capacity under guardianship;
 3) the court conducts proceedings in a matter of applying measures in order to ensure the well-being of a child which involve separating the child from his or her family or deprivation of the right of custody over the person in full;
[RT I 2009, 60, 395 - entry into force 01.07.2010]
 4) the court conducts proceedings in a matter of removal of a child from a foster family, a spouse or another person entitled to access the child.

 (3) A representative need not be appointed to a person without active civil procedural legal capacity and a ruling made for appointment of a representative to such person may be annulled if the person is represented by an advocate or another appropriate representative.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (4) The right of representation of a representative appointed by court ends at the time of the entry into force of a decision whereby the proceeding is terminated, or at the time of discontinuance of the proceeding in another manner, provided that the court has not terminated the right of representation already earlier or has not appointed the representative for only one court instance. 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.

 (5) In the cases specified in subsections (1) and (2) of this section and also in other cases provided by this Code, the court appoint, pursuant to the procedure provided by the State Legal Aid Act, an advocate to represent the person in order to protect his or her interests. The name of the advocate is specified to the court by the Estonian Bar Association which also guarantees his or her attendance in the proceeding. Upon appointment of an advocate, the court does not additionally check the existence of the prerequisites for the receipt of state legal aid.

 (6) An advocate appointed by the court is remunerated by the state to the extent and pursuant to the procedure provided by the State Legal Aid Act. A person for the protection of whose interests an advocate was appointed may be required to return to the state any payment already received by the advocate if the person fails to protect his or her interests in court in any other reasonable manner except through the representative appointed to him or her by the court, or for another good reason. The above does not release a participant in a proceeding from the payment of procedural expenses if the participant in the proceeding is required to pay such expenses based on the court decision.

 (7) In order to protect a person's interests in a proceeding, the court may appoint a person other than an advocate to act as his or her representative, if the court finds the person to have sufficient competence for such duty and the person agrees to it. Such person is not paid any remuneration but may request reimbursement of his or her costs from the participant in the proceeding required to pay procedural expenses based on the court decision.

§ 220.  Representation of Republic of Estonia as participant in proceeding

 (1) In an action filed against the Republic of Estonia arising from the activity of an executive authority, or upon involvement of the Republic of Estonia in a proceeding as a third party, or upon participation of the Republic of Estonia in a proceeding on petition, the Republic of Estonia is represented by the ministry whose activity, or the activity of an agency within the area of administration of which, or the activity of an official of which relates to the civil matter, or within whose area of administration the civil matter which is the object of the proceedings belongs. If the proceeding relates to an issue within the area of competence of a county governor, the relevant county governor represents the Republic of Estonia. If the petition pertains to the performance of the duties by the Government Office, the Republic of Estonia is represented by the Government Office.

 (2) In an action filed against the Republic of Estonia which arises from the activity of another administrator of state assets or in a civil matter related to the activities of such administrator, the administrator of the state assets represents the Republic of Estonia.

 (3) The Ministry of Justice has the right to represent the Republic of Estonia in all court proceedings.

 (4) The court sends a statement of claim filed against the Republic of Estonia or a petition for involvement of the Republic of Estonia to the authorities specified in subsections (1) and (2) of this section. 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.

 (5) In a dispute arising from the performance of financial supervision and resolution functions, the Republic of Estonia is represented by the Financial Supervision Authority.
[RT I, 19.03.2015, 3 - entry into force 29.03.2015]

§ 221.  Certification of right of representation of representative

 (1) The right of representation of a legal representative is certified by a document which provides for the capacity of the legal representative.

 (2) The authorisation of a contractual representative is certified by an authorisation document which is submitted to the court. The court may demand submission of a notarially certified or authenticated authorisation document from the party, as necessary.

 (3) A person may also grant an oral authorisation in a court session. The grant of an authorisation is entered in the minutes.

§ 222.  Scope of right of representation arising from law

 (1) The right of representation gives a representative the right to perform all procedural acts in the name of the person represented, including the right to:
 1) file actions and other petitions;
 2) refer the matter to arbitration;
 3) discontinue the action;
 4) admit the claim;
 5) amend the cause or object of the action;
 6) file a counterclaim;
 7) participate in a proceeding conducted in a matter of a third party with an independent claim;
 8) settle the matter by compromise;
 9) delegate the authorisation to other persons (delegation of authorisation);
 10) file an appeal against a decision;
 11) represent upon securing an action and in enforcement proceedings;
 12) receive procedural expenses ordered to be compensated.

 (2) The representative of a spouse who has no active civil procedural legal capacity has the right to submit a petition for divorce or annulment of marriage only with the consent of the guardianship authority.

 (3) Authorisation granted in a family matter must be given expressly for acting in such family matter.

§ 223.  Restrictions on right of representation

  A participant in a proceeding 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 a proceeding apply with regard to the court and other participants in the proceeding 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 the proceeding have been informed of the restrictions.

§ 224.  Right of representation of several contractual representatives

  If a participant in a proceeding has several contractual representatives, every representative has the right to separately represent the participant in the proceeding. 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 the proceeding.

§ 225.  Termination of authority

 (1) If the person represented withdraws the authorisation, the authorisation terminates with respect to the opposing party and the court as of the time the opposing party and the court are notified of the withdrawal of the authorisation. 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.

 (2) If a representative terminates the contract which constitutes the basis for authorisation, the representative may continue to act in the interests of the principal until the time the principal arranges for the protection of the interests thereof in another manner.

 (3) An authorisation does not terminate upon the death of the principal, upon the principal becoming devoid of active civil procedural legal capacity or upon the change of the principal's legal representative.

 (4) In a proceeding, the represented party may rely on termination of the representative's authority due to expiry thereof only if the represented party or representative has informed the court and the opposing party separately of the termination of the authority.

§ 226.  Verification of right or representation

 (1) The court verifies the existence of a representative's right of representation and upon the absence of such right refuses to permit the person to participate in the proceeding in the capacity of a representative. A participant in a proceeding has the right to demand, in every court instance, verification of the right of representation of the representatives of the other participants in the proceeding. Advocates are presumed to have the right of representation.

 (2) If the absence of the right of representation is established, the court may:
 1) refuse to hear an action if the person who submitted the statement of claim on behalf of the plaintiff had no right of representation upon filing the action;
 2) make a judgment if this is possible pursuant to law;
 3) remove, by a ruling, the person without the right of representation from the proceeding, provided that the participant in the proceeding has several representatives;
 4) permit the representative to participate in the proceeding pursuant to § 227 of this Code;
 5) postpone the hearing of the matter.

 (3) If during a proceeding, a representative is found to have no right of representation but the action was filed correctly, the participant in the proceeding represented is deemed not to have participated in the proceeding to the extent to which such person was represented without the right of representation, unless the participant in the proceeding subsequently approves of the procedural acts performed by the person who appeared as the representative.

§ 227.  Permission to temporarily enter proceedings for and approval of representation of persons with ambiguous right of representation

 (1) If an action on behalf of the plaintiff is filed by a person who fails to certify his or her right of representation, the court does not serve the action on the defendant before the right of representation has been certified.

 (2) If a representative of a participant in a proceeding is unable to certify his or her right of representation in court but claims that such certification will be possible at a later time, the court may postpone the hearing of the matter or permit the person to temporarily participate in the proceeding as a representative.

 (3) If the hearing of the matter is postponed or the person with an ambiguous right of representation is permitted to enter the proceeding as a representative, the court sets such person a term for certification of his or her right of representation and may require a security from such person in order to cover for the procedural expenses and any expenses or damage which may arise to other participants in the proceeding.

 (4) If a person without a right of representation is permitted to enter a proceeding, the court may make a judgment or a ruling on termination of the proceeding only after certification of the right of representation, submission of approval of representation without authorisation or expiry of the term set by the court for such purpose.

 (5) If a person who appears on behalf of the plaintiff has not certified his or her right of representation or submitted an approval within the term set by the court, the court refuses to hear the action if the other prerequisites for refusal to hear the action are fulfilled. If a person who appears on behalf of the defendant has not certified his or her right of representation or submitted an approval 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 a proceeding has not certified his or her right of representation or submitted an approval within the term set by the court, the court refuses to hear the appeal if the other prerequisites for refusal to hear the appeal are fulfilled.

 (6) The court orders, by a decision specified in subsection (5) of this section, in favour of the other participants in the proceeding, payment by the person without the right of representation of the expenses which the other participants incurred as a result of permitting the person without the right of representation to enter the proceeding. This does not preclude or restrict the right of the participants in the proceeding to demand compensation for damage in an amount which exceeds the costs.

 (7) Procedural acts performed on behalf of a participant in the proceeding are also deemed to be valid if the participant in the proceeding granted the right of representation to the representative by any other means than by a written, notarially certified or authenticated document, or if the participant in the proceeding approves, expressly or tacitly, of the participation of the representative in the proceeding. It is presumed that a participant in a proceeding has approved of the authorisation of a person who represented him or her in a proceeding if the participant in the proceeding subsequently granted the authorisation to the representative.

§ 228.  Adviser

 (1) A participant in a proceeding may use a person with active civil procedural legal capacity as an adviser in a proceeding.

 (2) An adviser may appear in the court session together with the participant in the proceeding and provide explanations. An adviser cannot perform procedural acts or file petitions.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) Anything presented by an adviser in a court session is deemed to have been presented by the participant in the proceeding unless the participant in the proceeding immediately withdraws or corrects it.

Part 5 EVIDENCE 

Chapter 24 GENERAL PROVISIONS 

§ 229.  Definition of evidence

 (1) Evidence in a civil matter is any information which is in a procedural form provided by law and on the basis of which the court, pursuant to the procedure provided by law, ascertains the existence or lack of facts on which the claims and objections of the parties are based and other facts relevant to the just adjudication of the matter.

 (2) Evidence may be the testimony of a witness, statements of participants in a proceeding given under oath, documentary evidence, physical evidence, inspection or an expert opinion. In a proceeding on petition the court may also deem other means of proof, including a statement of a participant in the proceeding which is not given under oath, to be sufficient in order to prove the facts.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 230.  Burden of proof and submission of evidence

 (1) In actions, each shall party prove the facts on which the claims and objections of the party are based, unless otherwise provided by law. 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.

 (2) Evidence is submitted by the participants in the proceedings. The court may propose to the participants in the proceeding that they submit additional evidence.

 (3) Unless otherwise provided by law, the court may take evidence at its own initiative in a matrimonial matter, filiation matter, a dispute related to the interests of a child or a proceeding on petition.

 (4) In a maintenance matter, the court may require that a party provide data and documents on his or her income and financial status and caution the party that the inquiry specified in subsection (5) of this section may be conducted.

 (5) In the case provided in subsection (4) of this section, the court may demand relevant information from:
 1) the employer, including former employers, of a party;
 2) the Social Insurance Board or another agency or person making payments related to old age or loss of capacity for work;
[RT I, 06.12.2012, 1 - entry into force 01.01.2013]
 3) insurance companies;
 4) the Tax and Customs Board;
 5) credit institutions.

 (6) The persons and agencies specified in subsection (5) of this section have the obligation to provide the court with information within the term set by the court. In the case of failure to perform such obligation, the court may impose a fine on the obligated person or agency.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 231.  Bases for relief from burden of proof

 (1) A fact which the court deems to be a matter of common knowledge need not be proved. A fact concerning which reliable information is available from sources outside the proceeding may be declared a matter of common knowledge by the court.

 (2) An argument made by a party concerning on a fact need not be proven if the opposing party admits the fact. 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.

 (3) Admission may be withdrawn only with the consent of the opposing party if the party withdrawing the admission proves that the allegation concerning the existence or absence of a fact which was admitted is incorrect, and that admission was caused by an incorrect understanding of the fact. In such case the fact is not deemed to be admitted.

 (4) Admission is presumed until the opposing party expressly contests the allegation made concerning the fact or the party's intent to contest becomes evident from any other statements made thereby.

§ 232.  Evaluation of evidence

 (1) The court evaluates all evidence pursuant to law from all perspectives, thoroughly and objectively and decides, according to the conscience of the court, whether or not an argument presented by a participant in a proceeding is proven considering, among other, any agreements between the parties concerning the provision of evidence.

 (2) No evidence has predetermined weight for a court, unless otherwise agreed by the parties.

 (3) Upon establishment of a disputed fact, the court is bound by the opinion provided by a qualified person appointed by agreement of the parties, if:
 1) the dispute is related to an agreement entered into in the course of the economic or professional activities of both parties, and
 2) no circumstances exist for removing the qualified person acting as an expert from the proceeding, and
 3) the qualified person was appointed according to an agreement without giving any preference to either of the parties, and
 4) the opinion of the qualified person is obviously not incorrect.

§ 233.  Evaluation of amount of claim

 (1) The court decides on the amount of damage according to the conscience of the court and taking account of all facts if causing of damage has been established in a proceeding but the exact amount of the damage cannot be established or establishment thereof would involve major difficulties or unreasonably high costs, including if the damage is non-patrimonial.

 (2) The provisions of subsection (1) of this section also apply to other proprietary disputes if the parties disagree over the amount of the claim and full verification of all the facts necessary for the establishment thereof involves unreasonable difficulties.

§ 234.  Proof of law of foreign states, international law and customary law

  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. Upon ascertaining foreign law, the court is also guided by § 4 of the Private International Law Act.

§ 235.  Substantiation

  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.

Chapter 25 PROVISION, TAKING AND EXAMINATION OF EVIDENCE 

§ 236.  Provision and taking of evidence

 (1) Provision of evidence means a request made by a participant in a proceeding requesting the court to evaluate an allegation of the participant in the proceeding based on the receipt and examination of the evidence indicated in the request.

 (2) If a participant in a proceeding wishing to provide evidence is unable to do so, the participant in the proceeding may request the taking of the evidence by the court. Taking of evidence means an activity of the court performed with the aim to render evidence available and enable the examination thereof in the proceeding.

 (3) A participant in a proceeding who provides evidence or requests the taking of evidence must substantiate which facts relevant to the matter the participant in the proceeding wishes to prove by providing the evidence or requesting the taking of evidence. A request for taking of evidence shall also set out any information which enables the taking of evidence.

 (4) With the consent of both parties, evidence may be provided to the court and the court may take evidence in a manner or form different from that provided in this Code. A party may withdraw such consent only if significant changes in the procedural situation occur.

§ 237.  Obligation of timely provision of evidence

 (1) In the course of pre-trial proceedings, the court sets the participants in a proceeding a term for providing evidence and requesting the taking of evidence. If evidence is not provided or taking thereof is not requested before the expiry of the term, such evidence may be relied upon later only in adherence to the provisions of § 331 of this Code.

 (2) If the request of a participant in a proceeding for taking of evidence is denied due to the failure of the participant to pay the costs related to the taking of evidence in advance notwithstanding the demand of the court, the participant does not have the right to request the taking of evidence later if satisfaction of the request would result in adjournment of the hearing of the matter.

§ 238.  Relevance and admissibility of evidence

 (1) The court accepts, organises the taking of and considers, in adjudicating a matter, only evidence which has relevance to the matter. Evidence has no relevance to a matter, above all, if:
 1) the fact proven need not be proved, among other, if the fact is not disputed;
 2) enough evidence has already been provided, in the opinion of the court, in proof of the fact.

 (2) If pursuant to law or based on an agreement between the parties, a fact must be proven by evidence of a certain type or form, the fact shall not be proved by evidence of another type or form.

 (3) In addition to the cases provided in subsections (1) and (2) of this section, the court may refuse to accept evidence and return the evidence, or refuse to take evidence, if:
 1) the evidence has been obtained by a criminal offence or unlawful violation of a fundamental right;
 2) the evidence is not accessible and, above all, if the witness's data or location of a document is unknown, or if the relevance of the evidence is disproportionate to the time necessary for taking the evidence or other difficulties related thereto;
 3) the evidence is not provided or the request for taking the evidence is not made in a timely manner;
 4) the need for providing or taking evidence is not substantiated;
 5) the participant in the proceeding requesting the taking of evidence fails to make an advance payment demanded by the court in order to cover the costs incurred upon the taking of evidence.

 (4) The court makes a reasoned ruling on refusal to accept evidence or refusal to take evidence.

 (5) If the court has already accepted or taken evidence, the court may refuse to take account of such evidence upon adjudicating the matter in the cases provided in subsections (1)–(3) of this section. Evidence may be disregarded after its evaluation if the evidence is clearly not reliable.

§ 239.  Organisation of taking evidence

 (1) The taking of additional evidence in order to evaluate evidence is organised by a court ruling which is communicated to the participants in the proceeding. If evidence has to be taken outside of the territorial jurisdiction of the court conducting proceedings in a matter, the court hearing the matter may make a ruling for performance, by letter of request, of a procedural act by the court within the territorial jurisdiction of which the evidence can be taken. (2) A ruling 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.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) The court, including the court conducting proceedings in a matter based on a letter of request, may amend a ruling on taking of evidence if necessary. Where possible, the participants in the proceeding are given an opportunity to provide an opinion before amendment of such ruling. The participants in a proceeding are immediately informed of amendment of a ruling on taking of evidence.

§ 240.  Procedure for compliance with letter of request

 (1) A letter of request is complied with pursuant to the procedure established for performance of the procedural act applied for in the letter of request. The participants in the proceeding are notified of the time and place of the procedural act; however, the absence of a participant in the proceeding does not prevent compliance with the letter of request.

 (2) Minutes of procedural acts and evidence taken upon compliance with a letter of request are sent promptly to the court hearing the matter.

 (3) If, upon taking of evidence by the court conducting proceedings in a matter on the basis of a letter of request, a dispute arises which cannot be settled by such court but continuation of taking of evidence depends on the settlement of the dispute, the court conducting proceedings in the main case settles the dispute.

 (4) If the court complying with a letter of request finds that in order to better adjudicate the matter, it would be reasonable to transfer the duty of taking evidence to another court, the court submits a request to this effect to the other court and informs the participants in the proceeding thereof.

§ 241.  Taking of evidence outside Estonia

 (1) Evidence taken in a foreign state pursuant to the legislation of such state may be used in a civil proceeding conducted in Estonia unless the procedural acts performed in order to obtain the evidence are in conflict with the principles of Estonian civil procedure.

 (2) Evidence is taken in another Member State of the European Union with the assistance of a court of the other state or directly pursuant to the procedure provided by Council Regulation 1206/2001/EC relating to co-operation between the judicial authorities of the Member States in the taking of evidence in civil and commercial matters.

 (3) The panel of the court which requested the taking of evidence pursuant to the regulation specified in subsection (2) of this section or a judge acting on the basis of an order may, in accordance with such regulation, be present at and participate in the taking of evidence by a court of a foreign state. The participants in the proceeding, 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 adjudicating 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 17.3 of the regulation mentioned above.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (4) For taking of evidence elsewhere than in a Member State of the European Union, the court requests the taking of evidence through a competent authority pursuant to the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters.

 (5) The court may also take evidence in a foreign state by intermediation of the ambassador representing the Republic of Estonia in such state or a competent consular official unless it is prohibited pursuant to law of the foreign state.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 242.  Withdrawal of evidence

  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.

§ 243.  Examination of evidence

 (1) The court examines evidence directly and evaluates evidence upon making a decision.

 (2) The court determines the sequence of examination of evidence in a court session after hearing the opinions of the participants in the proceeding.

 (3) The participants in a proceeding have the right to attend the examination of evidence in court sessions. Absence of a participant in a proceeding 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.

 (4) The court may order new or additional examination of evidence at the request of a participant in a proceeding who was absent from a court session in which the evidence was examined if the participant in the proceeding substantiates to the court that he or she was absent from the court session with good reason and that due to his or her absence the evidence taken or examined is materially incomplete.

 (5) The minutes concerning the taking of evidence compiled upon compliance with a letter of request or by a judge acting based on an order are made public at a session of the court hearing the matter. The participants in the proceeding may provide an opinion concerning the taking of evidence.

 (6) Evidence taken and the minutes of procedural acts performed outside of a court session are made public in a court session and communicated to the experts and witnesses as necessary. Thereafter the participants in the proceeding may give statements with regard to such evidence.

Chapter 26 PRE-TRIAL TAKING OF EVIDENCE FOR SAFEGUARDING EVIDENCE AND PRE-TRIAL ESTABLISHMENT OF FACTS 

§ 244.  Pre-trial taking of evidence

 (1) Pre-trial taking of evidence may be organised by a court ruling during court proceedings at the request of a party or, if good reason exists therefor, also before proceedings are initiated if the opposing party agrees to this or if it can be presumed that evidence could be lost or using the evidence afterwards could involve difficulties. The court also initiates pre-trial taking of evidence in order to safeguard evidence if a person substantiates that the copyright and related rights, or industrial property rights thereof have been infringed, or that a danger of infringement exists.

 (2) Inspections may be organised, witnesses may be heard, and expert assessments and other procedural acts may be conducted in the course of pre-trial taking of evidence. If pre-trial taking of evidence is initiated in order to safeguard evidence due to an infringement or danger of infringement of copyright and related rights or industrial property rights, the court may, among other, organise an inspection of samples 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 pursuant to the procedure for securing actions.

 (3) Before the beginning of a proceeding, a person may request that the court order expert assessment in pre-trial taking of evidence if the person has a legal interest in the establishment of:
 1) the state of a person, or the condition or value of an object;
 2) the reason for damage or defect of an object;
 3) the costs or measures for elimination of damage or correction of defects of an object.

 (4) Legal interest exists in the case specified in subsection (3) of this section if establishment would clearly help to prevent a judicial dispute.

 (5) The provisions concerning provision and taking of evidence also apply to pre-trial taking of evidence unless the provisions of this Chapter provide otherwise.

§ 245.  Application for initiation of pre-trial taking of evidence

 (1) If a court proceeding has begun in a civil matter, an application for initiation of pre-trial taking of evidence is filed with the court which conducts proceedings in the matter.

 (2) If a proceeding has not begun, the application is filed with the court which, according to the applicant, is competent to hear the main case. If pre-trial taking of evidence is followed by a court proceeding, the applicant cannot rely on the fact that the matter does not actually belong under the jurisdiction of that court.

 (3) The application may also be filed, with good reason, with the county court within the territorial jurisdiction of which the person, the hearing of whom or conduct of expert assessment in respect of whom is requested, stays, or within the territorial jurisdiction of which the thing that is the object of inspection or expert assessment, is located.

§ 246.  Content of application for initiation of pre-trial taking of evidence

 (1) An application for initiation of pre-trial taking of evidence shall set out the following information:
 1) the names, addresses and telecommunications numbers of the participants in the proceeding or the persons presumed to be the participants in the proceeding;
 2) a description of the facts concerning which the applicant wishes evidence to be taken;
 3) the names of witnesses or designation of other evidence;
 4) the facts which substantiate the permissibility of pre-trial taking of evidence and jurisdiction thereof.

 (2) If the person who requests the taking of evidence fails to specify the opposing party, the person shall provide the court with good reason for failure to do so.

§ 247.  Initiation of pre-trial taking of evidence

 (1) The court adjudicates an application for initiation of pre-trial taking of evidence by a ruling. The ruling sets out the facts concerning which evidence must be taken and specifies the evidence which must be taken.

 (2) If due to an infringement or danger of infringement of copyright and related rights or industrial property rights, pre-trial taking of evidence is initiated in order to safeguard evidence before an action is filed, the court sets a term, by a ruling, within which the person must file the action. The term shall not be longer than one month. If an action is not filed on time, the court cancels the acts performed in the course of pre-trial taking of evidence.

 (3) If due to an infringement or danger of infringement of copyright and related rights or industrial property rights, pre-trial taking of evidence is requested or initiated before an action has been filed, the court may make the initiation or continuation of the pre-trial taking of evidence dependent on the provision of a security for compensation of the costs which may be incurred by the opposing party. The security must be provided by the due date set by the court. If the security is not provided by the set due date, the court refuses to initiate pre-trial taking of evidence or cancels the acts performed in the course of the pre-trial taking of evidence.

 (4) A ruling on refusal to initiate pre-trial taking of evidence is subject to appeal. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.

§ 248.  Protection of opposing party in pre-trial taking of evidence

 (1) The court does not initiate pre-trial taking of evidence if the applicant fails to provide the court with a good reason why the applicant cannot specify the opposing party in such proceeding.

 (2) If pre-trial taking of evidence is initiated on the basis of an application which does contain the name of the opposing party, the court may order that the interests of the future opposing party in the pre-trial taking of evidence be protected by the advocate who has the duty to protect the interests of the future opposing party at the taking of evidence. The court makes a ruling to order payment by the applicant of the advocate's fee and expenses to the extent prescribed by the State Legal Aid Act and may require that the applicant make, prior to the beginning of pre-trial taking of evidence, a reasonable advance payment to the court's deposit account. If the advance payment is not made, the court may refuse to initiate pre-trial taking of evidence.

 (3) The court serves the application for initiation of pre-trial taking of evidence and the court ruling on initiation of the proceeding on the opposing party and the representatives thereof in a manner which enables the opposing party to protect the interests thereof in such proceeding.

 (4) If due to an infringement or danger of infringement of copyright and related rights or industrial property rights of a person, pre-trial taking of evidence is requested in order to safeguard evidence before an action has been filed, the court initiates and completes the pre-trial taking of evidence without informing the opposing party thereof if a delay could result in irreparable damage to the applicant or if the evidence could otherwise be destroyed or lost. In such case, the application and ruling specified in subsection (3) of this section, and a ruling on application of a measure are served on the opposing party immediately after application of the necessary measures.

 (5) In the case specified in subsection (4) of this section, the opposing party may request from the court the substitution or cancellation of a measure for safeguarding evidence provided that the evidence was safeguarded without good reason. The court informs the applicant of such request and the applicant has the right to file objections against the request with the court. A ruling made concerning such request is subject to appeal by the parties. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.

 (6) Filing of the appeal specified in subsection (5) of this section does not suspend the enforcement of a ruling on securing of evidence. The filing of an appeal against a ruling on the cancellation of the application of a measure for securing evidence or the substitution of one measure for securing evidence with another suspends the enforcement of the ruling.

§ 249.  Relying on evidence obtained in pre-trial taking of evidence

 (1) Evidence taken in pre-trial taking of evidence may be relied on in a proceeding on the same bases with evidence obtained in the main proceeding.

 (2) If the opposing party did not participate in the court session of the pre-trial taking of evidence or in the performance of another procedural act, relying on the outcome of pre-trial taking of evidence is not permitted if the opposing party had not been summoned to the court session or the performance of such other procedural act in a timely manner or the rights of the opposing party were materially violated in the pre-trial taking of evidence due to another reason and the opposing party contests the evidence on such grounds.

 (3) Relying on the outcome of pre-trial taking of evidence is permitted if the opposing party was not informed of the pre-trial taking of evidence pursuant to the provisions of subsection 248 (4) of this Code.

§ 250.  Compensation for damage caused by pre-trial taking of evidence

 (1) The party who applied for initiation of pre-trial taking of evidence shall compensate for the damage caused to the other party if:
 1) a court decision on refusal to satisfy or hear the action enters into force, or if the proceeding in the matter is terminated on any other grounds except due to the approval of the compromise of the parties;
 2) it becomes evident that no grounds for pre-trial taking of evidence existed at the time of initiating the pre-trial taking of evidence;
 3) the acts performed in the course of pre-trial taking of evidence carried out prior to filing the action are annulled on the grounds that the action was not filed on time.

 (2) A security ordered for compensation of damage likely to be caused by pre-trial taking of evidence is returned to the party who applied for the conduct of pre-trial taking of evidence if the other party has not filed an action for compensation for damage within two months as of the time specified in subsection (1) of this section.

Chapter 27 TESTIMONY OF WITNESS 

§ 251.  Testimony of witness

 (1) Every person who may be aware of the facts relevant to a matter may be heard as a witness unless the person is a participant in the proceeding or a representative of a participant in the proceeding in the matter.

 (2) Instead of hearing a witness, the court may use the record of hearing the same witness in another court proceeding, if this clearly simplifies the proceeding and the court may be presumed to be able to evaluate the record to a necessary extent without directly interrogating the witness.

§ 252.  Summoning of witness to court session

  The court summons a witness to a court session and serves a summons on him or her. A summons shall contain at least the following information:
 1) the participants in the proceeding and the object of the dispute;
 2) the matter in which the person is to be heard;
 3) an order to appear at the time and place indicated in the summons in order to give testimony;
 4) a warning that coercive measures provided by law will be applied if the witness fails to appear for the hearing.

§ 253.  Written testimony

 (1) The court may make a ruling whereby a witness is required to provide written answers to the questions posed to him or her within the term prescribed by the court, if appearing before the court is unreasonably cumbersome to the witness and, taking account of the contents of the questions and the personal characteristics of the witness, giving written testimony is, in the court's opinion, sufficient for providing proof.

 (2) In the case specified in subsection (1) of this section, the witness shall be informed that regardless of giving written testimony, he or she may also be summoned to a court session to provide oral testimony. A witness shall be explained the contents of §§ 256–259 of this Code and the obligation of a witness to tell the truth. A witness shall also be cautioned against refusal to give testimony without good reason and against giving knowingly false testimony, and shall be required to sign the text of the testimony and the caution.

 (3) A participant in a proceeding has the right to submit written questions to a witness through the court. The court determines the questions for which an answer by a witness is requested.

 (4) After receiving the answers of a witness, the court forwards them immediately to the participants in the proceeding together with a signed text of the caution.

 (5) If necessary, the court may summon a witness to a court session in order to give oral testimony.

§ 254.  Obligation of witness to appear before court and provide truthful testimony

  A person summoned as a witness is required to appear in court and give truthful testimony before the court with regard to the facts known to him or her.

§ 255.  Hearing of witness outside of court

 (1) If a person is unable to appear in court due to an illness, old age, a disability or other good reason, or if it is necessary due to another reason, the court may go to the witness to hear the witness.

 (2) A court acting based on a letter of request or a judge acting on the basis of an order shall be assigned the task of hearing a witness only if there is reason to believe that the court conducting proceedings in the matter will be able to evaluate the outcome of the hearing appropriately without directly participating in the hearing, and if:
 1) on-the-site hearing of the witness is presumed to be necessary for ascertaining the truth or if, pursuant to law, the witness must be heard elsewhere than the place where the trial is held;
 2) the witness is unable to appear in court due to an illness, old age, a disability or other good reason;
 3) in proportion to the importance of the testimony to be given by the witness, appearing before the court which conducts proceedings in the matter is not acceptable to the witness due to the disproportionate length of the journey and the witness cannot be heard by way of procedural conference.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
 4) [repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) If a witness fails to appear or refuses to give testimony, the judge who received an order or a letter of request for taking evidence has the right to give and annul orders arising from the law, to decide on the permissibility of the questions posed to the witness and to decide on repeated hearing of the witness.

§ 256.  Prohibition on giving testimony

 (1) A minister of a religious association registered in Estonia or support staff thereof shall not be heard or questioned with regard to circumstances confided to them in the context of spiritual care.

 (2) The following shall not be heard as witnesses without the permission of the person in whose interests the duty to maintain confidentiality is imposed:
 1) representatives in civil or administrative matters, counsels in criminal or misdemeanour matters and notaries with regard to facts which have become known to them in the performance of their professional duties;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
 2) doctors, pharmacists or other health care providers, with regard to facts which a patient has confided to them, including facts related to the descent, artificial insemination, family or health of a person;
 3) other persons who, due to their occupation or professional or economic activities, have been confided information which the persons are obliged to keep confidential pursuant to law.

 (3) Professional support staff of the persons specified in subsection (2) of this section shall also not be heard as witnesses without the permission of the person in whose interests the duty to maintain confidentiality is imposed.

 (4) A court may refuse to hear as a witness a person of less than fourteen years of age or a person who due to a physical or mental disability is unable to comprehend the facts relevant to the matter properly or to give truthful testimony with regard thereto.

§ 257.  Right of witness to refuse to give testimony

 (1) The following persons have the right to refuse to give testimony as witnesses:
 1) the descendants and ascendants of the plaintiff or defendant;
 2) a sister, stepsister, brother or stepbrother of the plaintiff or defendant, or a person who is or has been married to a sister, stepsister, brother or stepbrother of the plaintiff or defendant;
 3) a step parent or foster parent or a step child or foster child of the plaintiff or defendant;
 4) an adoptive parent or an adopted child of the plaintiff or defendant;
 5) the spouse of or a person permanently living together with the plaintiff or defendant, and the parents of the spouse or person, even if the marriage or permanent cohabitation has ended.

 (2) A witness may refuse to give testimony also if the testimony may lay blame on him or her or a person specified in subsection (1) of this section for the commission of a criminal offence or a misdemeanour.

 (3) A witness has the right to refuse to give testimony concerning the fact to which the State Secrets and Classified Information of Foreign States Act applies.
[RT I 2007, 16, 77 - entry into force 01.01.2008]

 (4) A person processing information for journalistic purposes has the right to refuse to give testimony concerning the fact which enables to identify the person who has provided the information.
[RT I, 21.12.2010, 1 - entry into force 31.12.2010]

 (5) A person who comes professionally into contact with the facts that may identify the person who has provided information to the person processing information for journalistic purposes has the right to refuse to give testimony in the case provided in subsection (4) of this section.
[RT I, 21.12.2010, 1 - entry into force 31.12.2010]

§ 258.  Obligation to testify in exceptional cases

  Regardless of the provisions of § 257 of this Code, a witness shall not refuse to give testimony concerning:
 1) the performance and content of a transaction which he or she was invited to witness;
 2) the birth or death of a family member;
 3) a fact related to a proprietary relationship which arises from a relationship under family law;
 4) an act related to the disputed legal relationship which the witness himself or herself performed as the legal predecessor or representative of a party.

§ 259.  Procedure for refusing to give testimony

 (1) A witness who refuses to give testimony shall present, not later than in the court session prescribed for his or her questioning, the facts on the basis of which the witness refuses to testify, and shall substantiate such facts to the court.

 (2) A witness who gives advance notice of his or her refusal to testify need not appear in the court session prescribed for giving the testimony. The court informs the participants in the proceeding of the receipt of a petition on refusal to give testimony.

 (3) The court makes a ruling concerning the legality of the refusal of a witness to give testimony after hearing the participants in the proceeding. If the court does not consider the refusal to give testimony to be legal, the court requires the witness to give testimony by a ruling. The witness has the right to file an appeal against such ruling. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.

 (4) If a witness refuses to give testimony in order to protect a state secret or classified information of foreign states, the court requests the agency in possession of the state secret or classified information of foreign states to confirm classification of the facts as state secret or classified information of foreign states. If the agency in possession of a state secret or classified information of foreign states does not confirm classification of the facts as state secret or classified information of foreign states or does not respond to the request within 20 days, the witness is required to give testimony.
[RT I 2007, 16, 77 - entry into force 01.01.2008]

§ 260.  Safeguarding of hearing witness

 (1) Every witness is heard individually. Witnesses who have not been heard shall not be present in the courtroom during the hearing of the matter. A witness who has been heard stays in the courtroom until the end of the hearing of the matter unless the court gives the witness permission to leave earlier.

 (2) If a court has reason to believe that a witness is afraid or has other reason not to speak the truth before the court in the presence of a participant in the proceeding or if a participant in a proceeding leads the testimony of a witness by interference or in any other manner, the court may remove such participant in the proceeding from the courtroom for the time the witness is heard.

 (3) After the return of such participant in the proceeding, the testimony of the witness is read to the participant in the proceeding and the participant in the proceeding has the right to question the witness.

§ 261.  Hearing of witness who is minor

 (1) If necessary, a witness of less than fourteen years of age is heard in the presence of a child protection official, social worker, psychologist, parent or guardian who, with the permission of the court, may also question the witness. The court may involve a child protection official, social worker or psychologist in the hearing of a minor over fourteen years of age.

 (2) If necessary, a court may remove a witness of less than fourteen years of age from the courtroom after he or she has been heard.

§ 262.  Procedure for hearing of witness

 (1) The court ascertains the identity of a witness and his or her area of activity, education, residence, connection to the matter and relationships with the participants in the proceeding. Before giving testimony, the court explains the obligation of a witness to tell the truth and the contents of §§ 256–259 of this Code to the witness.

 (2) A witness of at least fourteen years of age is cautioned against refusal to give testimony without a legal basis and giving knowingly false testimony, and the witness confirms this by signing the court minutes or the text of the caution. A witness is not cautioned if the witness does not understand the meaning of the caution due to mental illness, mental disability or other mental disorder.

 (3) If a witness is heard repeatedly in the same matter, the witness need not be cautioned repeatedly. The court reminds the witness of the force of the caution.

 (4) The court explains the object of the hearing to the witness and urges the witness to disclose everything that he or she knows concerning the object of the hearing.

 (5) The participants in a proceeding have the right to pose questions to a witness which are necessary in their opinion in order to adjudicate the matter or establish the witness's connection to the matter. A participant in the proceeding poses questions through the court. With the permission of the court, a participant in a proceeding may pose questions directly.

 (6) A participant in a proceeding who applies for the summoning of a witness is the first to question the witness; thereafter, the witness is questioned by the other participants in the proceeding. A witness summoned at the initiative of the court is questioned first by the plaintiff.

 (7) The court excludes leading questions and the questions which are not relevant to the matter as well as the questions which are posed in order to reveal new facts which have not yet been presented before and repeated questions.

 (8) If necessary, the court has the right to pose additional questions during the entire questioning in order to clarify or supplement the testimony, or to establish the basis for the witness's knowledge.

§ 263.  Repeated hearing of witness and confrontation thereof

 (1) A witness is heard in the court session to which he or she is summoned unless there is good reason not to hear the witness in this court session. Absence of a participant in a proceeding is not, as a rule, deemed to be good reason. The repeated summoning of a witness who has been heard to the next court session in a court of the same instance shall be reasoned.

 (2) If necessary, a court may hear a witness repeatedly in the same court session and confront witnesses if their testimony is contradictory.

§ 264.  Notes of witness

 (1) While giving testimony, a witness may use notes and other documents concerning numerical data, names and other information which is difficult to memorise. The court may prohibit a witness from using notes in a court session.

 (2) If the court so requires, notes are presented to the court and the participants in the proceeding and the court may annex the notes to the file with the witness's consent.

§ 265.  Disclosure of testimony of witness

 (1) The testimony of a witness who has been heard during previous court sessions on the basis of a letter of request or order, in the course of pre-trial taking of evidence or in the case of the adjournment of the matter is disclosed in a court session. The testimony of a witness is deemed to be disclosed if the court and the participants in the proceeding do not consider the reading out of the testimony necessary.

 (2) If witnesses who have been heard in previous court sessions appear in a court session, the court may hear the witnesses again.

§ 266.  Liability of witness

 (1) If a witness fails to appear in court upon a summons without good reason, the court may impose a fine or compelled attendance on the witness.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) If a witness refuses to give testimony or sign a caution without good reason, the court may impose a fine or detention of up to 14 days on the witness. The witness is released immediately if the witness gives the testimony or the signature on being cautioned, or if the hearing of the matter has ended or the need for the witness to be heard has ceased to exist.

 (3) A witness bears the procedural expenses caused by his or her refusal to give a signature on being cautioned, refusal to give testimony or failure to attend a court session without good reason.

 (4) A ruling of a county court or circuit court made under the circumstances specified in subsections (1)–(3) of this section is subject to appeal by a witness. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.

Chapter 28 STATEMENTS OF PARTICIPANTS IN PROCEEDING GIVEN UNDER OATH 

§ 267.  Hearing under oath of participants in proceedings at request of party required to provide evidence

 (1) A party who has not been able to prove, by any other evidence, a fact which needs to be proven by him or her or who has not provided any other evidence, has the right to request the hearing of the opposing party or a third person under oath in order to prove the fact. In the case of a legal person, a representative thereof may be heard under oath.

 (2) A third person may also be heard under oath at his or her own request.

§ 268.  Hearing under oath of party required to provide evidence

  The court may also hear under oath a party required to provide evidence concerning a disputed fact if one party requests it and the other party agrees.

§ 268¹.  Hearing of party at initiative of court

  Regardless of the parties' requests and the division of the burden of proof, the court may at its own initiative hear under oath either or both parties if on the basis of the earlier proceedings and the evidence provided and taken the court is not able to form a position on the truth of a stated fact subject to be proven. The court may also hear a party under oath at its own initiative if the party required to provide evidence wishes to give statements under oath, but the opposing party does not agree with it.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 269.  Procedure for hearing participants in proceeding

 (1) The provisions concerning hearing of witnesses correspondingly apply to hearing of participants in proceeding under oath unless the provisions of this Chapter provide otherwise.

 (2) A participant in a proceeding takes the following oath before giving testimony:
"I, (name), swear by my honour and conscience that I shall disclose the whole truth about the matter without concealing, adding or changing anything". A participant in a proceeding takes the oath orally and signs the text of the oath.

§ 270.  Refusal by participant in proceeding to take oath or give statements under oath

 (1) If a party refuses to take the oath or to give statements under oath or, regardless of the court's demand, refuses to make a statement concerning such refusal, the court may deem, taking account of, among other, the reasoning for the refusal to take the oath or to give statements, the fact stated by the opposing party to be proven.

 (2) If a party fails to appear in the court session set for his or her hearing under oath without good reason, the court may deem, taking account of the reasons for his or her failure to appear, that he or she has refused to give statements.

 (3) The provisions concerning the refusal of a witness to give testimony and the liability prescribed therefor apply to the refusal of a third party without an independent claim to give statements or take the oath.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 271.  Hearing of participant in proceeding without active civil procedural legal capacity

 (1) The legal representative or representatives of a participant in a proceeding who has no active civil procedural legal capacity are heard under oath on his or her behalf.

 (2) A minor or an adult with restricted active legal capacity may be heard by the court without taking the oath concerning a fact directly related to his or her action or which was the object of his or her direct experience if the court deems it reasonable under the circumstances.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 29 DOCUMENTARY EVIDENCE 

§ 272.  Definition of documentary evidence

 (1) Documentary evidence is a written document or other document or similar data medium which is recorded by way of photography, video, audio, electronic or other data recording, contains information on facts relevant to the adjudication of a matter and can be submitted in a court session in a perceptible form.

 (2) Official and personal correspondence, decisions in other cases and opinions of persons with specific expertise submitted to the court by participants in the proceeding are also deemed to be documents.

 (3) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 273.  Submission of written documents

 (1) A written document is submitted as an original document or a transcript.

 (2) If a participant in a proceeding submits an original document together with a transcript, the court may return the original document and include in the file the transcript certified by the judge.

 (3) At the request of a person who submits a written document, the original document included in the file may be returned after the entry into force of the court decision terminating the proceeding. The transcript, certified by the judge, of the original document submitted by the person to whom the original document is returned is kept in the file.

 (4) The court may set a term for examination of a submitted document after the expiry of which the court returns the document. In such case the transcript of the document is kept in the file.

 (5) If a document has been submitted in the form of a transcript, the court has the right to request the submission of the original document or substantiation of the circumstances which prevent the submission of the original document. If the demand of the court is not complied with, the court decides on the probative value of the transcript of the document.

§ 274.  Submission of electronic documents

  Electronic documents are submitted to the court in the form of printouts or are transmitted electronically in a format which permits examination and safe storage thereof in the information system of the court.

§ 275.  Submission of excerpts of documents and examination of documents at their place of storage

 (1) If a document is highly voluminous and mainly includes facts not relevant to the proceeding or if a document contains information deemed to be state or business secret or classified information of foreign states, and the court finds that for such reason or other similar reason, submission of the document in its entirety is not reasonable considering the danger of the document being lost or damaged, a certified excerpt of a part of a document may be submitted or the place where the court and the participants in the proceeding may examine the document may be indicated. The court may demand the submission of the document in its entirety.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) In the case specified in subsection (1) of this section, the court may inspect and examine a document at the place of its storage or assign such duty to a court acting on the basis of a letter of request or a judge acting on the basis of an order.

§ 276.  Documents prepared by administrative agencies and persons entitled to perform public duties

 (1) If the court doubts the authenticity of a document prepared by an administrative agency or a person entitled to perform public duties, the court may request certification of its authenticity by the agency or person who pursuant to the document has prepared the document.

 (2) For authentication of a foreign public document, it suffices to have an apostille on the document pursuant to the provisions of the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents or have the document legalised by a competent consular official or envoy of the Republic of Estonia. A foreign public document which does not bear an apostille and has not been legalised is evaluated by the court according to its conscience.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 277.  Contestation of authenticity of documents

 (1) If a participant in the proceeding is able to prove that a submitted document has been falsified, the participant in the proceeding may contest the authenticity of the document and request that the court refuse to consider the document as evidence.

 (2) The authenticity or falsification of a document may, among other, be proven by comparison of documents. If a document needed for comparison is in the possession of the opposing party or a third person, submission of such document may be required on the same bases as submission of documentary evidence.

 (3) Authenticity of an electronic document bearing a digital signature may be contested only by substantiating the circumstances which give reason to presume that the document has not been prepared by the holder of the digital signature. The above also applies to electronic documents prepared in any other secure manner enabling establishment of the person who prepared the document and the time it was prepared.

 (4) The court may disregard, upon making the judgment, a document the authenticity of which is contested or exclude such document from among the evidence by a ruling. The court may order expert assessment or require submission of other evidence in order to clarify whether a document has been falsified.

 (5) A document whose authenticity has been contested or whose contents may have been changed is kept in the file until the end of the proceeding unless, in the interest of public order or in order to prevent the loss of the document, such document needs to be transferred to another administrative agency. The court informs the Prosecutor's Office of any doubts regarding falsification of a document.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 278.  Requiring submission of documents

  If a person requests that the court require submission of a document by another person, the person shall describe such document and its content in the request and set out the reason why he or she believes the document to be in the possession of such person.

§ 279.  Obligation to submit documents

 (1) A person in possession of a document has the obligation to submit the document to the court at the court's request within the term set by the court.

 (2) If a person is in the possession of information relevant to the adjudication of a matter, the person shall, on the demand of the court, prepare a document on the basis of the information and submit it to the court. A person may refuse to prepare a document for the same reason as he or she may refuse to submit a document.

 (3) Upon requiring the submission of a document, the court also specifies the time, place and manner of submission of the document or requires the reasons for not submitting the document. The court may fine a person who fails to submit a document without good reason.

§ 280.  Obligation to provide information in action related to intellectual property

 (1) If an action is filed due to an infringement or danger of infringement of copyright and related rights or industrial property rights, the court may require at the reasoned request of the plaintiff that the defendant or another person provide written information concerning the origin and distribution channels of the goods or services infringing a right arising from intellectual property.

 (2) The court may request, pursuant to the provisions of subsection (1) of this section, information from a person infringing the rights or from another person who:
 1) is or has been in possession of the goods infringing the rights;
 2) has used the services which infringe the rights;
 3) has provided services used for any activities infringing the rights;
 4) has participated, based on the information provided by the persons specified in clauses 1)–3) of this subsection, in the production or distribution of such goods, or provision of such services.

 (3) The information specified in subsection (1) of this section may include, among other, the following data:
 1) the names and addresses of the producers, manufacturers or distributors of the goods or services, the names and addresses of the suppliers of the goods or services or the previous possessors of the goods or services, and the names and addresses of the persons who ordered the goods or services or the points of sale thereof;
 2) the quantities of the goods which were manufactured, produced, distributed, received and the prices paid for the goods or services.

 (4) The information specified in subsection (3) of this section shall not be used outside of the court proceeding in the course of which such information was requested.

 (5) The provisions of subsections (1)–(4) of this section do not restrict the right of the court to hear the persons specified in subsection (2) of this section in the proceeding in the capacity of witnesses. The persons may refuse to submit information in the manner specified in subsection (1) of this section on the same grounds as they may refuse to give testimony as a witness. The court shall explain such right to the persons at the time of requesting the information.

§ 281.  Refusal to submit document

 (1) A state or local government agency or a public servant employed thereby shall not be required to submit a document concerning the content of which the public servant cannot be heard as a witness.

 (2) Regardless of the demand of the court, a document need not be submitted:
 1) by an advocate who has received the document in connection with the provision of a legal service;
 2) if the document contains information concerning which the possessor of the document cannot be heard as a witness or with regard to which the possessor of the document has the right to refuse to give testimony as a witness;
 3) by a person who has the right to refuse to submit the document due to another reason arising from law.

 (3) A person other than a party may file objections arising from law to a requirement to submit documents, including objections based on substantive law. Objections shall be substantiated.

 (4) If the person from whom submission of a document is required informs the court that the document is not in the possession thereof, the court may hear the person as a witness at the request of a participant in the proceeding in order to establish the whereabouts of the document. The above does not apply in case submission of the document is requested from a party.

 (5) The court makes a ruling on the legality of the refusal to submit a document after having heard the participants in the proceeding. The ruling is subject to appeal by the participants in the proceeding and the person who was required to submit the document. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.

§ 282.  Filing of action for requiring submission of document

 (1) If a person files a substantiated and lawful objection to a requirement to submit a document, the person who requested the submission of the document may file an action against the person in possession of the document in order to require submission of the document on the basis of the provisions of the Law of Obligations Act, another Act or a contract, and to request suspension of the proceedings in the main case until such action has been adjudicated. In such event the court sets the person requesting the document a term for requiring submission thereof.

 (2) The opposing party may request continuation of the proceedings before the expiry of the term for submission of the document in the possession of another person if the action filed against the possessor of the document has been adjudicated or the person requesting the document delays the proceeding in the filed action or complying with the decision whereby the action was satisfied.

§ 283.  Failure by opposing party to submit document

 (1) If the opposing party denies possession of a document, such party is heard under oath concerning the failure to submit the document. If the court is convinced that the opposing party is in possession of a document, the court makes a ruling whereby the opposing party is required to submit the document to the court.

 (2) If the opposing party fails to perform the obligation to submit a document to the court or the court is convinced after hearing the opposing party that the party has not looked for the document carefully, the court may approve the transcript of the document submitted to the court by the person providing the evidence. If no transcript of the document has been presented, the court may deem the statements concerning the nature and content of the unsubmitted document made by the person who requested the evidence to be proven.

§ 284.  Consequences of removal of document

  If a party, in order to prevent the opposing party from relying on a document, removes a document or renders it unusable, the court may deem the statements of the opposing party concerning the nature, preparation and content of the document to be proven.

Chapter 30 PHYSICAL EVIDENCE 

§ 285.  Definition of physical evidence

  Physical evidence means a thing the existence or characteristics of which may facilitate ascertainment of the facts relevant to the adjudication of a civil matter. A document with the above characteristics is also deemed to be physical evidence.

§ 286.  Obligation to submit physical evidence

  The provisions concerning submission of documents also apply to submission and requiring the submission of physical evidence unless otherwise provided by this Chapter.

§ 287.  Storage of physical evidence

 (1) Physical evidence is admitted into a matter by a ruling.

 (2) Physical evidence is stored in the file or given to the physical evidence storage facility of the court. A notation thereof is made in the file.

 (3) Physical evidence which cannot be delivered to the court is stored at its location or is deposited with a participant in the proceeding or third party who shall guarantee the preservation thereof.

 (4) A court stores physical evidence such that the physical evidence and its evidential characteristics are preserved. If necessary, physical evidence is sealed.

 (5) The procedure for registration, storage, transfer and destruction of physical evidence and for evaluation, transfer and destruction of highly perishable physical evidence by the court shall be established by the Government of the Republic.

§ 288.  Inspection of physical evidence

 (1) The court inspects physical evidence in a court session and submits the physical evidence to the participants in the proceeding and, if necessary, to experts and witnesses.

 (2) Physical evidence stored at its location is inspected at its location. An expert or other qualified person may be asked to be present at the examination. The examination of physical evidence is recorded in the minutes of the court session.

 (3) Highly perishable physical evidence or physical evidence the return of which the person submitting the physical evidence requests with good reason is inspected by the court promptly and returned to the person from whom it is obtained or to whom it belongs.

 (4) Upon the inspection of the physical evidence specified in subsections (1)–(3) of this section, the physical evidence is described in detail. If necessary and possible, physical evidence is photographed or its relevant characteristics are recorded in some other manner. Minutes are taken of an inspection.

 (5) The minutes concerning the inspection of physical evidence are made public in a court session. Thereafter the participants in the proceeding may give statements with regard to the physical evidence.

§ 289.  Return of physical evidence

 (1) After the entry into force of the court decision terminating the proceeding, physical evidence is returned to the person from whom it was obtained or to whom it belongs, or is given to the person whose right thereto has been recognised by the court, unless the court orders earlier return.

 (2) A thing which, pursuant to law, shall not be in the possession of a person, is delivered to a competent state agency.

 (3) At the request of a person, physical evidence obtained from the person may also be returned to the person before the entry into force of the court decision after the evidence is inspected and examined.

Chapter 31 INSPECTION 

§ 290.  Definition of inspection

  Inspection means any direct collection by the court of data concerning the existence or nature of a circumstance, including the inspection of an area or the scene of an event.

§ 291.  Organisation of inspection

 (1) In order to organise inspection, the court makes a ruling which sets out the object of the inspection and the time and place of organising the inspection. One or several experts may be invited to be present at an inspection by a ruling. The court may also organise an inspection at its own initiative.

 (2) The court which conducts proceedings in a matter may assign the right to perform an inspection, including the right to appoint the experts to be invited to be present at the inspection, to a judge acting on the basis of an order or a court acting based on a letter of request.

 (3) The participants in the proceeding are informed of organising an inspection but their absence does not prevent the conduct of the inspection.

 (4) The participants in the proceeding taking part in an inspection may draw the court's attention to circumstances relevant to the completeness of the inspection and to the matter being heard.

 (5) In the course of an inspection, an object, area or the scene of an event is described in detail and, if necessary and possible, its relevant characteristics are photographed or recorded in some other manner. Minutes are taken of the course of an inspection and the notices made by the participants in the proceeding are entered in the minutes.

§ 292.  Obligation to enable inspection

 (1) The court may impose an obligation to enable inspection to a participant in the proceeding or another person and set the person a term for such purpose. Other persons may refuse to enable inspection on the same grounds as the possessor of a document may refuse to submit the document at the demand of the court.

 (2) The court has the right to impose a fine on a person who refuses to enable inspection without good reason.

Chapter 32 EXPERT OPINION 

§ 293.  Organisation of expert assessment and opinion of person with specific expertise

 (1) In order to clarify circumstances relevant to a matter which require specific expertise, the court has the right to obtain the opinion of experts at the request of a participant in the proceeding. In order to ascertain the law in force outside the Republic of Estonia, international law or common law, the court may ask the opinion of an expert in legal matters at the request of a participant in the proceeding or at the initiative of the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) The provisions concerning hearing of witnesses apply to hearing persons with specific expertise with the aim to prove a circumstance or event which requires specific expertise in order to be correctly interpreted. If a participant in the proceeding has submitted the written opinion of a person with specific expertise to the court and the person is not heard as a witness, such opinion is evaluated as documentary evidence.

 (3) Instead of ordering an expert assessment, the court may use an expert opinion submitted at the order of the court in an another court proceeding or an expert opinion prepared at the order of the body conducting proceedings in criminal or misdemeanour proceedings if this simplifies the proceeding and the court is presumed to be able to evaluate the expert opinion to a necessary extent without organising a new expert assessment. In such case, the expert may be posed additional questions or summoned to court for questioning.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 294.  Appointment of expert

 (1) An expert assessment is conducted by a forensic expert or another qualified person employed by a state forensic institution, an officially certified expert or another person with specific expertise appointed by the court. The court may appoint a person as an expert if the person has the knowledge and experience necessary to provide an opinion. The court considers the opinions of the parties in the appointment of an expert.

 (2) If an officially certified expert is available for conducting an expert assessment, other persons are appointed as experts only with good reason.

 (3) The court may demand that the parties name the persons suitable to conduct an expert assessment.

 (4) If the parties agree on an expert, the court appoints such person as expert if he or she may act in the capacity of an expert pursuant to law.

 (5) The court may appoint additional experts or substitute appointed experts.

 (6) The court may also appoint a forensic institution or another person conducting expert assessments as expert and leave the decision on appointment of a specific expert to the institution or person.

§ 295.  Obligation to conduct expert assessment

 (1) A person appointed as expert is required to conduct an expert assessment if he or she is a forensic expert, is officially certified for the conduct of the required expert assessments or if he or she conducts professional or economic activities in the field, the knowledge in which is a prerequisite for conducting the expert assessment.

 (2) A person who has offered the court his or her services in the conduct of an expert assessment in a matter is also required to conduct the expert assessment.

 (3) The consent of an expert need not be obtained for the conduct of an expert assessment.

§ 296.  Right to refuse to conduct expert assessment

 (1) An expert may refuse to conduct an expert assessment due to the same reasons as a witness is entitled to refuse to give testimony. The court may also release an expert from the obligation to conduct an expert assessment due to other reasons.

 (2) A person who participated in the making of a previous decision in the matter, including in an arbitral tribunal or pre-trial proceedings, shall not be appointed as expert unless such person participated in the proceeding as an expert or witness.

 (3) A person appointed as expert may also refuse to conduct an expert assessment in other cases provided by law or for good reason.

§ 297.  Conduct of expert assessment

 (1) If the presence of the participants in a proceeding upon the conduct of an expert assessment is necessary and possible, the court indicates so in the ruling on the expert assessment. In such case, absence of the participants in the proceeding does not prevent the conduct of the expert assessment if the expert finds that he or she is able to provide an opinion without the presence of the participants in the proceeding.

 (2) The court may give orders concerning an expert assessment.

 (3) If the circumstances which constitute the cause of an action are disputable, the court determines the circumstances which the expert takes a basis in providing an opinion.

 (4) If necessary, the court determines to which extent an expert has the right to examine a circumstance which needs to be proven, whether the expert is permitted to contact the participants in the proceeding and whether and at what time the expert must allow the participants in the proceeding to participate in the expert assessment.

 (5) The participants in the proceeding shall be informed of the orders given to an expert.

§ 298.  Questions to expert and requests and objections of participants in proceeding related to expert assessment

 (1) A participant in a proceeding has the right to pose questions to an expert through the court. The court determines the questions for which an expert opinion is requested. The court reasons the rejection of a question of a participant in a proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) If necessary, the court hears the opinion of an expert concerning the expert assessment before posing questions to him or her and, if the expert so desires, explains the circumstances related to his or her duties to him or her.

 (3) The participants in a proceeding shall submit any objections concerning the conduct of an expert assessment, any requests concerning the conduct of an expert assessment and any additional questions related to an expert assessment to the court within a reasonable time. The court may set them a term for such purpose. The court shall take account of any objections, requests or questions submitted after the expiry of such term only if this does not delay the adjudication of the matter in the opinion of the court or if the participant in the proceeding had good reason for the delay and he or she has substantiated it adequately.

§ 299.  Requiring delivery of thing for expert assessment

 (1) The court may impose an obligation on a participant in a proceeding or another person to deliver a thing for an expert assessment or to allow the conduct of an expert assessment, and to set the person a term for such purpose. A person other than a participant in a proceeding has the right to refuse to deliver a thing on the same grounds as he or she may refuse to submit a document, and may refuse to tolerate expert assessment on the same grounds as a witness may refuse to give testimony.

 (2) The court may fine a person who, without good reason, refuses to deliver a thing or organise an expert assessment.

§ 300.  Expert assessment for establishment of filiation

 (1) A person shall tolerate expert assessment conducted for the establishment of filiation and, above all, the taking of blood samples for blood-grouping and genetic analysis if establishment of filiation is possible based on recognised principles and methods of science and the examination is not likely to cause health damage to the person examined and his or her close relatives.

 (2) If a person refuses to undergo expert assessment for establishment of filiation, the court has the right to order mandatory conduct of the expert assessment. If a person repeatedly and without good reason refuses examination, the expert assessment may be conducted by way of compulsory enforcement based on a court ruling, involving the police as necessary.

 (3) The ruling specified in subsection (2) of this section is subject to appeal. Filing of an appeal against the ruling suspends the enforcement of the ruling.

§ 301.  Expert opinion

 (1) An expert submits an expert opinion to the court in writing unless the court orders oral provision of opinion or with the expert's consent, in another form. An expert opinion shall contain a detailed description of examinations, conclusions reached as a result of examinations and reasoned answers to the questions of the court.

 (2) If a court appoints several experts and the experts reach a common opinion, they may prepare a joint opinion. If the experts fail to reach a common opinion, they submit separate expert opinions.

 (3) If, during an expert assessment, an expert ascertains facts concerning which no questions have been posed to him or her but which are relevant to the matter, he or she may also provide an opinion on such facts.

§ 302.  Obligations and rights of expert

 (1) An expert shall provide a correct and reasoned opinion on the questions posed to him or her.

 (2) In order to provide an expert opinion, an expert may examine the records of the matter to the extent necessary, participate in the examination of evidence in court and request reference materials and additional information from the court.

 (3) An expert has no right to assign the conduct of an expert assessment to another person. If an expert uses the assistance of another person, he or she shall disclose the name of such person and the extent of the assistance to the court unless the assistance is of minor importance.

 (4) An expert refuses to provide an expert opinion if the information submitted to him or her is incomplete or if the expert assignments set out in the ruling on the expert assessment are outside his or her specific expertise or if answering to the questions does not require expert examinations or conclusions based on specific expertise. An expert verifies without delay whether the expert assignment is related to his or her speciality or specific expertise and whether fulfilling the assignment is possible without involving additional experts, and shall inform the court immediately of his or her refusal or any doubts.

 (5) If an expert has doubts concerning the content or extent of the assignment given to him or her, the expert addresses the court immediately for clarification. An expert informs the court without delay if it becomes evident that the costs of expert assessment are likely to exceed the value of the civil matter or are significantly higher than the advance payment made for covering the costs of expert assessment.

 (6) An expert has the obligation to maintain the confidentiality of the facts which have become known to him or her in the course of the expert assessment. Such facts may be disclosed only with the permission of the court unless otherwise prescribed by law.

§ 303.  Hearing and cautioning of experts

 (1) An expert opinion is disclosed in a court session.

 (2) Unless an expert opinion is submitted in writing or in a format which can be reproduced in writing, the expert provides the expert opinion in a court session. The court may summon an expert who submitted an expert opinion in writing or in a format which can be reproduced in writing to a court session for questioning. The court summons an expert who provided an expert opinion to a court session if so requested by a party.

 (3) After examining an expert opinion, the participants in a proceeding may pose questions to the expert in a court session in order to clarify the opinion provided that the expert has been summoned to court. The questions may also be submitted to the court beforehand and the court forwards them to the expert. The court excludes the questions which are irrelevant and beyond the competence of the expert.

 (4) An expert shall appear in court when summoned and shall provide a correct and reasoned opinion on the questions posed to him or her.

 (5) The provisions concerning the hearing of witnesses also apply to the hearing of experts unless otherwise prescribed by this Chapter. An expert who is not a forensic expert or an officially certified expert is cautioned, before he or she submits the expert opinion, against knowingly providing an incorrect expert opinion, and the expert confirms this by signing the court minutes or the text of the caution. The signed caution is sent to the court together with the expert opinion.

§ 304.  Reassessment and further expert assessment

 (1) If an expert opinion is ambiguous, contradictory or insufficient and cannot be corrected by additional questions, the court has the right to order a reassessment. A reassessment is assigned to the same expert or another expert.

 (2) In the case of removal of an expert, the court assigns the reassessment to another expert.

 (3) If an expert fails to provide an answer to a question relevant to the matter and the expert is unable to answer such question in a court session, the court has the right to order further expert assessment. Further expert assessment may be assigned to the same expert or another expert.

§ 305.  Liability of expert

 (1) The court may, by a ruling, fine an expert and demand compensation of the procedural expenses by the expert if the expert, without good reason:
 1) fails to appear in a court session when summoned by the court;
 2) refuses to give a signature about being cautioned of his or her liability;
 3) refuses to provide an opinion;
 4) fails to submit an opinion by the due date set by the court;
 5) refuses, without good reason, to answer the questions posed to him or her;
 6) refuses to submit materials related to the expert assessment.

 (2) An appeal may be filed by an expert against a ruling specified in subsection (1) of this section.

Part 6 SERVICE OF PROCEDURAL DOCUMENTS 

Chapter 33 GENERAL PROVISIONS 

§ 306.  Definition of service of procedural documents

 (1) Service of a procedural document means delivery of a document to its recipient in a manner which enables the recipient to examine the document in time in order to exercise and protect the rights thereof. The recipient is a participant in a proceeding or another person to whom the procedural document is addressed.

 (2) Upon service of a procedural document, the act of delivery must conform to the formal requirements provided by law and be documented in the format prescribed for such purpose.

 (3) The court arranges for the service of procedural documents through a person providing postal services as its economic activity, a bailiff, a court security guard or, in conformity with the internal rules of the court, another competent court official or in another manner specified by law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (4) In order to serve a procedural document, the court has the right to demand that the chief processor or an authorised processor of a state or local government database, a previous or current employer of the person, a credit institution, an insurance company or another person or institution provide information concerning the residence of a participant in a proceeding or a legal representative of a participant in a proceeding who is a legal person or a witness and other contact information. The chief processor or authorised processor of a database or such other person or institution is required to provide the information without delay and free of charge on paper or electronically. Upon existence of technical means, the court must be provided with an opportunity to check the necessary information from the database of the person or institution independently.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (5) The court shall serve the statement of claim, appeal and supplements thereto, summonses as well as the court judgment and a ruling on termination of the proceeding in a matter and any other procedural documents specified by law on the participants in a proceeding.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 307.  Deeming of procedural documents to be served

 (1) A procedural document is deemed to be served as of the time the document or a certified transcript or printout thereof is delivered to the recipient, unless otherwise prescribed by law.

 (2) Transcripts of procedural documents specified in subsection (1) of this section may be certified by competent court officials in conformity with the internal rules of the court or advocates. Transcripts of appendices to procedural documents and transcripts of procedural documents submitted or delivered to the court by the participants in a proceeding need not be certified.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) If a document reached a participant in a proceeding on whom the document had to be served or on whom the document could be delivered pursuant to law but there was no possibility to certify the delivery, or if the procedure for service provided by law was violated, the document is deemed to be served on the participant in the proceeding as of the time the document actually reached the recipient.

 (4) The dispatch of a procedural document for service shall be entered in the court file.

§ 308.  [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 309.  Time and place of service of procedural document

  A procedural document may be served on a person on any day of the week, at any time and in any place where the person stays.

§ 310.  Transmission of procedural documents without service on participants in proceeding

 (1) A procedural document which need not be served on a participant in a proceeding pursuant to the procedure provided for in this Part but which concerns the rights of the participant in the proceeding is transmitted to the participant in the proceeding in a manner chosen by the court.

 (2) If a procedural document specified in subsection (1) of this section is sent by post, the document is deemed to have been received three days after the posting, and in the case of sending a document to a foreign state, the document is deemed to have been received fourteen days after the posting, unless the participant in the proceeding substantiates to the court that he or she received the document later or did not receive the document. The court may set a longer term for deeming a document to be received.

Chapter 34 MANNERS OF SERVICE OF PROCEDURAL DOCUMENTS 

§ 311.  Service of procedural documents in court premises

  A procedural document may be served on the recipient in the court premises provided that the time of issue is specified in the file and the recipient gives a signature about receipt of the document. Service of a document in a court session is indicated in the minutes of the session.

§ 311¹.  Electronic service of procedural documents

 (1) A court may serve procedural documents electronically through the designated information system by transmitting a notice on making the document available in the system:
 1) to the e-mail address and phone number notified to the court;
 2) to the e-mail address and phone number registered in the information system of a register maintained in Estonia concerning sole proprietors or legal persons;
 3) to the e-mail address and phone number of the addressee and his or her legal representative entered in the population register;
 4) to the e-mail address and phone number of the addressee and his or her legal representative in the database of another state register where the court can check information independently by making an electronic query;
 5) upon the existence of Estonian personal identification code, to the e-mail address [email protected].

 (2) The court may also send a notice on making the document available to the phone number or e-mail address found in the public computer network, on the presumed user account page of a virtual social network or on a page of another virtual communication environment which the addressee may be presumed to use according to the information made available in the public computer network or where, upon sending, such information may be presumed to reach the addressee. If possible, the court makes the notice available on the presumed user account page of a virtual social network or on a page of another virtual communication environment in such a manner that the notice cannot be seen by any other persons than the addressee.

 (3) A procedural document is deemed to be served when the recipient opens it in the information system or confirms the receipt thereof in the information system without opening the document and also if the same is done by another person, whom the recipient has granted access to see the documents in the information system. The information system registers the service of the document automatically.

 (4) If a recipient cannot be expected to be able to use the information system used for the service of procedural documents or if service through the information system is technically impossible, the court may also service procedural documents on the recipient electronically in another manner, complying with the requirements for notification provided in clauses 1)–5) of subsection (1) of this section and the requirement for search of information.

 (5) A procedural document is deemed to be served on the recipient pursuant to the procedure provided in subsection (4) of this section when the recipient confirms the receipt of the procedural document in writing, by fax or electronically. The confirmation shall set out the date of receipt of the document and bear the signature of the recipient or representative thereof. A confirmation prepared in electronic form shall bear the digital signature of the sender or be transmitted in another secure manner which enables identification of the sender and establishment of the time of sending, unless the court has no reason to doubt that the confirmation without a digital signature has been sent by the recipient or representative thereof. A confirmation prepared in electronic form may be sent to the court by e-mail if the e-mail address of the recipient is known to the court and it can be presumed that unauthorised persons have no access to it and also if the court has already transmitted documents to this e-mail address in the course of the same case or if the participant in the proceeding has provided his or her e-mail address to the court independently. The recipient shall send the confirmation specified in this subsection to the court without delay. The court may fine a participant in a proceeding or representative thereof who has violated this obligation.

 (6) Procedural documents may be served on advocates, notaries, bailiffs, trustees in bankruptcy and state or local government agencies in any other manner than electronically through the designated information system only with good reason.

 (7) The court makes all procedural documents, including court decisions, immediately available to the participants in the proceeding in the designated information system, regardless of the manner of service thereof on the participants in the proceeding.

 (8) More detailed requirements on the electronic service of documents and making them available through the information system may be established by a regulation of the minister responsible for the area.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 312.  Service of procedural documents through postal service provider

 (1) A procedural document may be served on the recipient through a person providing postal services as an economic activity by sending a registered letter with a delivery notice or an unregistered letter.

 (2) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 313.  Service of procedural documents by registered letter

 (1) Service of a document sent by registered letter is certified by the delivery notice which must be returned to the court without delay.

 (2) A procedural document which is served may be handed over to a person who is not the recipient only in the cases provided by this Part. Such person shall hand over the document to the recipient at the earliest opportunity. He or she may refuse to accept the document for delivery thereof to the recipient only if he or she substantiates that he or she is unable to deliver the document to the recipient. The obligation to deliver the document shall be explained to the person. The document is deemed to be served regardless of whether or not such explanation is given.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) A delivery notice shall set out the following information:
 1) the time and place of service of document;
 2) the name of the person on whom the document had to be served;
 3) if the document was served on a person who is not the recipient, the name of the person to whom the document was handed over and the reason why the document was handed over to such person;
 4) the manner of service;
 5) in the case of refusal to receive the document, a notice to such effect and information on where the document was left;
 6) the name, position and signature of the person who served the document;
 7) the name and signature of the person who received the document and information concerning identification of the person and, above all, identity document number, and the date of receipt of the document unless, due to a reason specified by law, the document was actually not delivered.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (4) The minister responsible for the area may establish the format for a delivery notice.

 (5) A delivery notice which does not meet the format requirements provided in subsections (3) and (4) of this section may be deemed adequate for the purpose of service if service is still reliably documented in the delivery notice.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (6) If a court cannot deem a procedural document served due to the fact that the provider of postal services failed to use all the options provided for in this Act upon service of the procedural document by registered letter, delivered the procedural document to the person to whom its delivery was not permitted pursuant to the provisions of this Part, failed to comply with the provisions of §§ 326 and 327 of this Code or failed to document the service in such manner that service could be deemed effected, the court may give the procedural document to the provider of postal services for a new service, without paying any additional fee therefor.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 314.  Service of procedural documents by unregistered letter or fax

 (1) A procedural document may be served by sending an unregistered letter or fax provided that a notice concerning the obligation of immediate return of the confirmation of receipt is annexed to the letter or fax, and the names and addresses of the sender and the recipient, and the name of the court official who sent the document are indicated in the letter or fax.

 (2) The official who sends a document by unregistered letter or fax indicates in the file where and when the document was sent for the purpose of its service.

 (3) A document sent by unregistered letter or fax is deemed to have been served if the recipient sends the court a confirmation on the receipt of the document by letter or fax or electronically, as chosen by the recipient. The confirmation shall set out the date of receipt of the document and bear the signature of the recipient of the document or representative thereof.

 (4) If a procedural document is delivered by unregistered letter or fax, the recipient must send the confirmation specified in subsection (3) of this section to the court without delay. The court may fine a participant in a proceeding or representative thereof who has violated this obligation.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 314¹.  Service of procedural document by sending

 (1) If a procedural document has been served on the recipient in the same court proceeding, a procedural document or information about making it available may be sent using the same address or telecommunications numbers and the procedural document is deemed to be served on the recipient when three days have passed from sending.

 (2) If the recipient of a procedural document has provided the address or telecommunications numbers of the recipient or representative thereof to the court in the same court proceeding, a procedural document or information about making it available may be sent using the same address or telecommunications numbers and the procedural document is deemed to be served on the recipient when three days have passed from sending.

 (3) A court may serve procedural documents pursuant to the procedure provided for in subsections (1) and (2) of this section also by sending procedural documents:
 1) using the address or telecommunications numbers of the participant in the proceeding which are known to the court in another court proceeding which is currently being conducted;
 2) using the address or telecommunications numbers of the participant in the proceeding which are known to the court in the expedited procedure in a matter of payment order which preceded the action.

 (4) If a procedural document is served in a foreign country by sending through a provider of postal services, the procedural document is deemed to be served when 30 days have passed from sending.

 (5) Unless sending is registered automatically in the information system created for the purpose, a notation is made in the file about the service of a procedural document pursuant to the procedure provided for in this subsection, setting out where and when the document or information about making it available was sent.
[RT I, 21.05.2014, 1 - entry into force 01.01.2015]

§ 315.  Service of procedural documents through bailiff, court official, another person or institution

 (1) A procedural document may also be served through a bailiff, court security guard or, in conformity with the internal rules of the court, another competent court official or police authority or another state agency or local government or its agency, likewise through another person to whom the court assigns the duty of service upon agreement. A participant in a proceeding who has submitted a document which is subject to service or in whose interests another procedural document is subject to service may apply to the court for service of the document through a bailiff.

 (1¹) In expedited procedure in a matter of payment order and in actions, a procedural document may be served through a bailiff only pursuant to the procedure provided in § 315¹ of this Code. In actions pertaining to the interests of a child or another natural person requiring special protection in the proceeding, likewise in expedited procedure in a matter of payment order in a claim for support for a child, a procedural document may also be served through a bailiff pursuant to the procedure provided for in this section.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

 (2) The court hands over a procedural document to a police authority or another state agency or local government or its agency for service only if other options for service, except public service, have not yielded any results or are not likely to yield a result and, above all, if service in the same or another matter through a provider of postal services has lately failed. Violation of this requirement does not affect the validity of the service.

 (3) In order to serve a procedural document, the court transmits the document subject to service to the person or institution specified in subsection (1) of this section and provides it with information at its disposal concerning earlier attempts of service and any known contact information concerning the person. A notation is made in the file concerning when and to whom the document was handed over for service.

 (4) The manner of service is chosen independently by the person or institution specified in subsection (1) of this section from among the manners provided in this Part unless such instructions are given by the court. They shall not organise public service.

 (5) A delivery notice is prepared concerning service which shall set out the data specified in subsection 313 (3) of this Code. After service, the delivery notice is returned to the court without delay. The minister responsible for the area may establish the format for a delivery notice.

 (6) A delivery notice which does not meet the format requirements provided in subsection (5) of this section may be deemed adequate for the purpose of service if service is still reliably documented.

 (7) A procedural document which is served may be handed over to a person who is not the recipient only in the cases provided by this Part. Such person shall hand over the document to the recipient at the earliest opportunity. He or she may refuse to accept the document for delivery thereof to the recipient only if he or she substantiates that he or she is unable to deliver the document to the recipient. The obligation to deliver the document shall be explained to the person. The document is deemed to be served regardless of whether or not such explanation is given.

 (8) If a court cannot deem a procedural document served due to the fact that the person or institution specified in subsection (1) of this section failed to comply with the instructions of the court upon service of the procedural document or failed to use for this purpose all the options provided for in this Act, delivered the procedural document to the person to whom its delivery was not permitted pursuant to the provisions of this Part, failed to comply with the provisions of §§ 326 and 327 of this Code or failed to document the service in such manner that service could be deemed effected, the court may hand over the procedural document for a new service.

 (9) A court may grant the person or institution specified in subsection (1) of this section a term of up to 60 days, during which the procedural document must be served or, upon failure to serve, a report on the causes of the failure of service must be submitted to the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 315¹.  Service of procedural documents arranged by participant in proceeding

 (1) A participant in a proceeding who has submitted a document which is subject to service or in whose interests another procedural document is subject to service may apply to the court for arranging the service of the document independently. A participant in a proceeding may serve procedural documents only through a bailiff.

 (2) In the case specified in subsection (1) of this section the court sets a term for service of the procedural document during which the participant in the proceeding arranging the service shall notify the court about the results of the service.

 (3) In order to serve a procedural document, the court delivers the procedural document subject to service to the participant in the proceeding arranging the service in an envelope sealed by the court and likewise a delivery report form subject to be returned to the court and explains to him or her the consequences of knowingly submitting incorrect information to the court.

 (4) The procedure provided for in subsections 315 (4)–(7) of this Code applies to the service of procedural documents through a bailiff and documentation thereof.

 (5) If the plaintiff or the petitioner in the expedited procedure in a matter of payment order fails to notify the court about the results of the service within the term set on the basis of subsection (2) of this section, the hearing of the petition is refused.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 316.  Service of procedural documents in foreign states and on extra-territorial citizens of Republic of Estonia

 (1) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) A procedural document may also be served in a foreign state pursuant to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters or another international agreement.

 (3) A procedural document may also be served in a foreign state by sending a registered letter with a delivery notice which need not comply with the format requirements provided for in this Code. Return of the delivery notice is sufficient to certify service. A procedural document may also be served in a foreign state pursuant to the procedure provided in § 314 of this Code.

 (4) The court may also serve a procedural document in a foreign state through a competent administrative agency of the foreign state or through a competent consular official or envoy representing the Republic of Estonia in such state.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (5) Service of procedural documents on citizens of the Republic of Estonia living in a foreign state who are extra-territorial persons and belong to the staff of a foreign mission of the Republic of Estonia may also be organised through the Ministry of Foreign Affairs of the Republic of Estonia.

 (6) A request for service of a procedural document on a person specified in subsection (4) or (5) of this section is submitted by the court hearing the matter. Service of the document is certified by a written confirmation to such effect issued by the administrative agency or official who acted as intermediary upon service of the document.

 (7) If a procedural document needs to be translated in order to serve it in a foreign state, the court may demand that the participant in the proceeding, due to whom or in whose interests the procedural document needs to be served, submit such translation or cover the translation costs. If the participant in the proceeding fails to do it, the court may refuse to serve the procedural document.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 316¹.  Implementation of Regulation (EC) No 1393/2007 of the European Parliament and of the Council

 (1) The provisions of this Code apply to the service of procedural documents in another Member State of the European Union unless otherwise provided by Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 (OJ L 324, 10.12.2007, pp. 79–120).

 (2) On the basis of Article 2(1) of the regulation specified in subsection (1) of this section, the agencies transmitting judicial documents are county courts of Estonia which conduct proceedings in the matter in which the document is to be served and the agency transmitting extrajudicial documents is the Ministry of Justice. On the basis of Article 2(2) of the regulation specified in subsection (1) of this section, the agency receiving judicial and extrajudicial documents is the county court in the territorial jurisdiction of which the document is to be served.

 (3) On the basis of Article 3 of the regulation specified in subsection (1) of this section, the Ministry of Justice has the responsibilities of the central body.

 (4) On the basis of Articles 4(3) and 10(2) of the regulation specified in subsection (1) of this section, the standard forms completed either in Estonian or English are accepted in Estonia.

 (5) On the basis of the regulation specified in subsection (1) of this section, documents are served in Estonia pursuant to the procedure prescribed for the service of procedural documents provided for in the Code of Civil Procedure. Documents shall not be served by public announcement.

 (6) In conformity with Article 13(2) of the regulation specified in subsection (1) of this section, documents may be served in Estonia through diplomatic or consular agents of another Member State in Estonia only if documents are to be served on a national of the Member State in which the documents originate.

 (7) The service of documents in the manner specified in Article 15 of the regulation specified in subsection (1) of this section is not permitted in Estonia.

 (8) An Estonian court may adjudicate a matter under the conditions provided in Article 19(2) of the regulation specified in subsection (1) of this section even if there is no certificate concerning the service of the procedural document on the defendant. In conformity with the third sentence of Article 19(4) of the regulation specified in subsection (1) of this section, an application for relief may be filed with the court within one year after making a court decision whereby the proceeding in the matter is terminated.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 317.  Public service of procedural documents

 (1) Based on a court ruling, a participant in a proceeding may be served a procedural document by public announcement if:
 1) the address of the participant in the proceeding is not entered in the register or the person does not live at the address entered in the register and the court has otherwise no knowledge of the address or place of stay of the person, and the document cannot be delivered to a representative of the person or a person authorised to receive the document or in any other manner provided for in this Part;
[RT I 2006, 61, 457 - entry into force 01.01.2007]
 2) service of the document in a foreign state in conformity with the requirements is presumed to be impossible;
 3) the document cannot be served because the place of service is the dwelling of an extra-territorial person.

 (1¹) Notwithstanding the provisions of subsection (1) of this section, a procedural document may be served by public announcement on a participant in a proceeding which is a legal person based on a court ruling if electronic service and service by a registered letter to the postal address entered in the register maintained about legal persons have yielded no results. If a legal person has submitted the Estonian address of the person provided for in subsection 63¹ (1) of the Commercial Code to the registrar, an attempt shall also be made to serve the document to such address before public service of the procedural document.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

 (1²) Regardless of the provisions of subsection (1) of this section, upon change of an expedited procedure in a matter of payment order into an action, a statement of claim may be served by public announcement on the basis of a court ruling in conformity with the provisions of clause 486 (1) 2) of this Code if the court which has prepared the proposal for payment has fulfilled the prerequisites for public service provided for in clause (1) 1) of this section upon service of the proposal for payment on the debtor.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

 (2) The court may demand that a participant in the proceeding who requests the public service of a procedural document submit a confirmation by a police authority, rural municipality or city government that such authority has no knowledge of the whereabouts of the recipient, or other proof on the circumstances specified in subsection (1) of this section. A police authority, rural municipality or city government shall provide the participant in the proceeding with such confirmation at his or her request. If necessary, the court also makes inquiries independently for establishment of the address of the recipient.

 (3) An excerpt from a document subject to public service is published in the publication Ametlikud Teadaanded. The court hearing the matter may make a ruling on allowing publication of the excerpt also in other publications.
[RT I 2006, 55, 412 - entry into force 01.01.2007]

 (4) The excerpt specified in subsection (3) of this section shall set out:
 1) the court hearing the matter, the party to the proceeding and the object of the proceeding;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
 2) the petition contained in the document to be served;
 3) in the case of service of a decision, the conclusion thereof;
 4) in the case of service of a summons, the purpose of summoning to court and the time for appearance;
 5) in the case an action is served, a proposal to respond to the action, the contents of the proposal and the requisite explanation.

 (5) A document is deemed to be served by public announcement when 15 days have passed from the date of publishing the excerpt in the publication Ametlikud Teadaanded. The court hearing the matter may set a longer term for deeming a document to be served. In such case the term is published together with the public service of the document.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

 (6) A court may refuse to serve a procedural document by public announcement if there are probably intentions to have the decision to be made in the proceeding recognised or enforced in a foreign state and it is probable that the decision would not be recognised or enforced due to the public service. (4) A ruling on refusal to refuse public service is subject to appeal. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 35 SERVICE OF PROCEDURAL DOCUMENT ON REPRESENTATIVE OF RECIPIENT 

§ 318.  Service of procedural document on legal representative of recipient

 (1) A procedural document is deemed to be served on a recipient with restricted active legal capacity if the document is served on the legal representative of the recipient.

 (2) In the case of a legal person or administrative agency, a procedural document is served on the legal representative of the legal person or administrative agency unless otherwise provided in this Code.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

 (3) If a person specified in subsection (2) of this section has several legal representatives, the document need to be served on only one of them.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 319.  Service of procedural document on authorised person

 (1) A procedural document is deemed to be served on the recipient if the document is served on a person duly authorised by the recipient. A procurator of the recipient of a document, a person who holds general authorisation by the recipient and a person who usually receives documents on behalf of the recipient are presumed to have the right to receive procedural documents.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) A procedural document is also deemed to be served on a sole proprietor, a legal person in private law and a branch of a foreign company if the document is served on the person authorised to receive procedural documents entered in the commercial register or the non-profit associations and foundations register.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 320.  Obligation of participant in proceeding to appoint representative for receipt of procedural documents

 (1) If a procedural document is served through a competent authority of a foreign state, a competent consular official or envoy representing the Republic of Estonia in a foreign state or the Republic of Estonia Ministry of Foreign Affairs, the court may demand that the recipient of the document appoint a person residing or staying in Estonia who is authorised to receive procedural documents unless the recipient has appointed a representative for the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) The court may require a participant in a proceeding by a ruling to appoint a person authorised to receive procedural documents also in other cases where service of documents is likely to be unreasonably inconvenient.

 (3) If a participant in a proceeding who is required to appoint a person authorised to receive procedural documents fails to do so, procedural documents are served on the participant in the proceeding by unregistered letter at the address thereof until the time the participant in the proceeding appoints such person.

 (4) In the case specified in subsection (3) of this section, the document is deemed to have been served after 15 days have passed from posting even if the parcel is returned. The court may set a longer term for deeming a document to be served.

 (5) In the case of serving a document by post as specified in subsection (3) of this section, the time of posting and the address at which the document was posted shall be indicated in the file.

§ 321.  Service of procedural document on representative in court proceeding

 (1) If a participant in a proceeding is represented by a representative in a court proceeding, the documents in the matter in which the proceedings are conducted are served on and other notices are sent only to the representative unless the court deems it necessary to send them personally to the participant in the proceeding. If there are several representatives, the document need to be served on only one of them.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) An appeal against a court decision is served on the representative who represented the participant in the proceeding in the court instance which made the decision against which the appeal is filed. If a party has already appointed a representative for a higher instance of court which is to hear the appeal, the appeal may also be served on such representative.

 (3) A procedural document is also deemed to be served on an advocate representing a participant in a proceeding by placing the procedural document in a post box assigned to the advocate in the court premises and agreed upon with the advocate in advance.

Chapter 36 SERVICE IN SPECIAL CASES 

§ 322.  Service of procedural document in dwelling or place of stay and on recipient's employer, lessor or building manager

 (1) If the recipient of a procedural document cannot be reached in his or her dwelling, the document is also deemed to be served on the recipient if the document is delivered to a person of at least fourteen years of age who resides in the dwelling of the recipient or serves the family thereof.

 (2) Instead of serving a procedural document on the recipient, it may be served on the apartment association managing the apartment building, where the recipient's dwelling or business premises are located, the administrator of the object of common ownership or the lessor of the recipient, likewise on the recipient's employer or another person to whom the recipient provides services under a contract.

 (3) A procedural document is deemed to be served on the recipient even if it is served on the representative of the recipient in the manner specified in subsections (1) and (2) of this section.

 (4) A document is also deemed to be served on a person serving in the defence forces, serving a sentence in prison or staying in a health care institution or other such place for a longer period of time upon delivery of the document to the head of such institution or a person appointed thereby, unless otherwise prescribed by law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 323.  Service of procedural document in business premises

 (1) A document is also deemed to be served on a natural person engaging in economic or professional activity if the document is delivered to a person usually staying in the business premises of the recipient or to a person usually providing services to the recipient on similar contractual basis if the natural person does not stay in the business premises during regular working hours or is unable to receive the document.

 (2) The provisions of subsection (1) of this section also apply to service of documents on legal persons, administrative agencies, notaries and bailiffs, likewise in the case of service of a document on a representative of the recipient or another person on whom the document can be served instead of the recipient.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 324.  Restrictions on service of procedural document

  In the cases specified in §§ 322 and 323 of this Code, a document is not deemed to be served if, instead of the recipient, the document is served on a person who participates in the proceeding as the recipient's opposing party.

§ 325.  Refusal to accept procedural document

  If a person refuses to accept a document without good reason, the document is deemed to be served on the person as of the refusal to accept the document. In such case the document is left in the dwelling or business premises of the recipient or placed in the post box of the recipient. In the absence of such premises or post box, the document is returned to the court.

§ 326.  Service of procedural document by placement in post box

 (1) A procedural document which cannot be served because it cannot be delivered in the dwelling or business premises of the recipient or representative thereof is deemed to be served by placing the document in the post box which belongs to the dwelling or business premises or in another such place which the recipient or representative thereof uses to receive mail and which usually ensures the preservation of the parcel. A procedural document may be served on a person specified in subsection 322 (2) of this Code only if service on the recipient or representative thereof in person is impossible.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) Service in the manner described in subsection (1) of this section is permitted only in case an effort to deliver the procedural document personally to the person has been made at least on two occasions at least three days apart at significantly different hours and service of the procedural document on another person staying in the dwelling or business premises in conformity with subsection 322 (1) or § 323 of this Act is impossible.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) In the case specified in subsection (1) of this section, the date of service is entered on the envelope of the served parcel.

§ 327.  Service of procedural document by depositing

 (1) On the conditions provided in § 326 of this Code, a document may also be deposited with the post office, rural municipality or city government of the location of the place of service of the document or with the office of the county court within the territorial jurisdiction of which the place of service of the document is located.

 (2) A written notice concerning depositing is left or sent at the address of the recipient and if this is impossible, the notice is attached to the door of the dwelling, business premises or place of stay of the recipient or issued to a person residing in the neighbourhood for forwarding it to the recipient. The notice shall clearly state that the document deposited has been sent by the court and that as of the time of depositing, the document is deemed to be served and terms in the proceeding may begin to run as of such time.

 (3) A document is deemed to be served when three days have passed from the forwarding or leaving of the written notice specified in subsection (2) of this section. The date of service is entered on the envelope of the document.

 (4) A document delivered for service is returned to the sender within 15 days after the date on which the document is deemed to be delivered unless the court has set a longer term for this purpose.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Part 7 PETITIONS AND APPLICATIONS OF PARTICIPANTS IN PROCEEDING 

Chapter 37 GENERAL PROVISIONS 

§ 328.  Correctness of petitions and guarantee of response to petitions

 (1) Petitions by the participants in a proceeding concerning the factual circumstances related to a matter shall be correct.

 (2) The court grants a party an opportunity to respond to the applications and factual allegations of the opposing party unless otherwise provided by law.

§ 329.  Timely filing of petitions

 (1) The participants in a proceeding shall file their petitions, applications, evidence and objections in a proceeding as early as possible depending on the stage of the proceeding and the need for the expeditious and just adjudication of the matter. New petitions, applications, evidence and objections may be filed after the end of pre-trial proceedings only if earlier filing thereof was impossible for a good reason.

 (2) If a court organises a hearing which is organised in pre-trial proceedings, a participant in the proceeding shall file their petitions, applications, evidence and objections such that these could be forwarded to other participants in the proceeding at least seven days before the preliminary hearing unless otherwise determined by the court. A cross-petition of the other participant in the proceeding and related applications, evidence and objections shall be filed to the court such that these could be forwarded to other participants in the proceeding within a reasonable period of time before the preliminary hearing unless otherwise determined by the court.
[RT I, 21.05.2014, 1 - entry into force 01.01.2015]

 (3) The court shall make, in a timely manner, all the necessary preparations for adjudicating a matter. At each stage of a proceeding, the court endeavours to create the conditions needed by the parties in order to file their petitions on time and to the full extent, and to contribute to the adjudication of the matter in the minimum possible time and at the minimum possible cost.

 (4) In pre-trial proceedings, the court may give the participants in the proceeding orders for the submission, amendment or clarification of documents, for providing opinions on the documents submitted by the opposing party, and for submission of evidence within the term set by the court. Participants in a proceeding shall be informed of all the orders of the court.

§ 330.  Terms for filing of petitions

 (1) Any petitions, applications, evidence and objections shall be filed before the end of pre-trial proceedings or, in written proceedings, before the expiry of the term for filing applications.

 (2) All objections to the legality of filing of a petition or appeal shall be submitted to the court together in the response to the petition or appeal or, if a response is not given, in the first hearing or upon the filing of the first petition on the merits of the matter.

 (3) Petitions containing new circumstances or requests, likewise evidence submitted after the end of pre-trial proceedings or, in written proceedings, after the expiry of the term for submission of applications are accepted to the proceeding in the cases and pursuant to the procedure provided in § 331 of this Code.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 331.  Belated filing of petitions

 (1) If a participant in a proceeding files a petition, application, evidence or objection after the expiry of the term set for such purpose by the court or in violation of the provisions of § 329 or § 330 of this Code, the court hears it only if in the court's opinion, accepting it to the proceeding does not cause a delay in the adjudication of the matter or the participant in the proceeding provides good reason for the delay.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) If a participant in a proceeding was not notified of a petition, application, evidence or objection of the opposing party in time before the court session and, due to such fact, the opposing party is unable to form a sufficiently clear position concerning such submissions, the court may set the opposing party a term during which the opposing party may provide a position.

§ 332.  [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 333.  Filing of objections to activity of court

 (1) The participants in a proceeding may file objections to the activity of the court in directing the proceeding and also objections to the violation of procedural provisions and above all, to the violation of the formal requirements on performance of procedural acts. The court adjudicates an objection by a ruling.

 (2) If a participant in a proceeding does not file an objection at the latest at the end of a court session where the violation took place, or in the first procedural document submitted to the court after the violation took place, and the participant in the proceeding was aware or should have been aware of the error, the party has no right to file the objection at a later time.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) In the case specified in subsection (2) of this section, the participant in the proceeding also has no right to rely on the error in the activity of the court upon filing an appeal against the court decision.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (4) The provisions of subsections (2) and (3) of this section do not apply if the court has violated an essential principle of civil procedure.

§ 333¹.  Application for expedition of court proceeding

 (1) If a court has been conducting proceedings in a civil matter for at least nine months and the court fails to perform a necessary procedural act without good reason, including fails to schedule a court session in a timely manner in order to ensure the conducting of the court proceeding within a reasonable period of time, a party to the court proceeding may request the court to take a suitable measure for expediting the completion of the court proceeding.

 (2) If the court considers the application reasoned, it orders, within 30 days from receipt of the application, the implementation of such a measure which is presumed to enable to complete the court proceeding within a reasonable period of time. The court is not bound by the application upon choosing a measure.

 (3) Refusal to satisfy the application or implementation of a measure other than that stated in the application for expediting the court proceeding is formalised by a reasoned ruling within the term provided in subsection (2) of this section. A ruling whereby implementation of the measure for expediting the court proceeding indicated in the application is decided need not be reasoned.

 (4) An appeal may be filed against the ruling made upon reviewing the application for expedition of the court proceeding. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.

 (5) Upon adjudication of an appeal against a ruling, the court may order the implementation of such a measure which is presumed to enable to complete the court proceeding within a reasonable period of time. The court is not bound by the limits of the appeal upon choosing a measure.

 (6) A new application may be filed when six months have passed from the entry into force of the court ruling made concerning the previous application, except if the application is filed due to the reason that the court hearing the matter has failed to implement the measure prescribed by the ruling in time.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 38 FORMAT OF PROCEDURAL DOCUMENTS SUBMITTED BY PARTICIPANTS IN PROCEEDING 

§ 334.  Submission of written documents

 (1) All petitions, applications, objections and appeals are submitted to the court in legible typewritten form in A4 format. Petitions, applications, positions and objections presented in a court session are entered in the minutes.

 (2) Where possible, the participants in the proceeding provide the court with electronic copies of the submitted procedural documents.

§ 335.  Submission of documents in format which can be reproduced in writing

 (1) For compliance with the term for filing a written petition or appeal, it is sufficient to send the court the petition or appeal by fax or e-mail at the address prescribed for such purpose or in another format which can be reproduced in writing, provided that thereafter, the original of the written document is delivered to the court without delay, however, not later than at the time of the hearing of the matter in a court session or, in written proceedings, during the term prescribed for the submission of documents.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) In the case of filing an appeal against a court decision, the original of the appeal shall be submitted within ten days.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) The provisions of subsection (1) of this section do not apply in the case of sending a document electronically provided that the document is submitted in conformity with the requirements of § 336 of this Code.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 336.  Electronic submission of documents

 (1) Petitions and other documents which must be in written form may also be submitted to the court electronically if the court is able to make printouts and copies of the submitted document. A document shall bear the digital signature of the sender or be transmitted in another similar secure manner which enables the sender to be identified. The sender is deemed to be clearly identifiable if a certificate of authenticity created with the aid of the private key of the sender is added to the e-mail.

 (2) An electronic document is deemed to be submitted to the court when it is saved in the database prescribed for the receipt of court documents. The sender of the document is sent an electronic confirmation thereof. If the court is unable to make printouts or copies of the document, the sender of the document is immediately informed thereof.

 (3) The specific procedure for the submission of electronic documents to the court and the requirements for the document formats shall be established by a regulation of the minister responsible for the area.

 (4) The court may deem a petition or another procedural document submitted by e-mail by a participant in a proceeding to be sufficient even if it fails to comply with the requirements provided in subsections (1)–(3) of this section and, above all, the requirement of bearing a digital signature, unless the court has doubts about the identity of the sender and the sending of the document, especially if documents with a digital signature have been sent earlier from the same e-mail address to the court in the proceeding of the same matter by the same participant in the proceeding, or if the court has agreed that petitions or other documents may also be submitted thereto in such manner.
[RT I 2008, 28, 180 - entry into force 15.07.2008]

 (5) Contractual representatives, notaries, bailiffs, trustees in bankruptcy, state and local government agencies and other legal persons provided in clauses 218 (1) (1)–(3) and in subsection 218 (2) of this Code submit documents to the court electronically unless there is good reason to submit the document in another form.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

 (6) If petitions and other documents can be submitted to the proceedings information system maintained on a computer through the portal created for the purpose, these shall not be submitted by e-mail, unless there is good reason therefor. The minister responsible for the area shall establish the list of documents to be submitted through the portal by a regulation.
[RT I 2009, 67, 460 - entry into force 01.01.2010]

§ 337.  Documents sent by advocates

  If several participants in a proceeding are represented in the proceeding by advocates, the documents and appendixes thereto to be sent to the court shall be sent by an advocate to the advocates of the other participants in the proceeding independently and the advocate shall inform the court thereof. In such case the documents are deemed to be served on the other participants in the proceedings at the time indicated to the court. The court may fine an advocate who has violated the obligation to send documents or to inform the court thereof.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 338.  Content of procedural document submitted to court

 (1) A procedural document, including an action, objection and appeal, submitted to the court by a participant in a proceeding sets out:
[RT I 2008, 59, 330 - entry into force 01.01.2009]
 1) the names, addresses and telecommunications numbers of the participants in the proceeding and their potential representatives;
 2) the name of the court;
 3) the merits of the case;
 4) for a case being heard, the number of the civil matter;
 5) the petition filed by the participant in the proceeding;
 6) circumstances on which the petition is based;
 7) a list of appendices to the procedural document;
 8) the signature of the participant in the proceeding or representative thereof or, for a document transmitted electronically, a digital signature or other means of identification in conformity with the provisions of § 336 of this Code.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) A procedural document shall set out the personal identification codes and in the absence thereof, dates of birth of natural persons. For legal persons entered in a public register, the document shall set out the registry code and, in the absence thereof, the legal grounds for operation.

 (3) If a participant in the proceeding does not know the address or other data of another participant in the proceeding, the procedural document shall set out the measures taken by the participant in the proceeding in order to obtain such information.

 (4) In addition to the data listed in subsection (1) of this section, a petition for the merits of the matter and a response to a petition or argument of the opposing party set out:
 1) the position on the factual allegations of the opposing party;
 2) the evidence which the participant in the proceeding intends to use in order to substantiate the arguments thereof or to refute the allegations of the opposing party;
 3) the position on the evidence submitted by the opposing party.

§ 339.  Appendices to procedural documents

 (1) If the procedural documents are signed by a representative of a participant in a proceeding, an authorisation document or another document certifying his or her right of representation is annexed to the first procedural document which the representative submits in the matter. An authorisation document need not be submitted if the procedural documents are signed by an advocate acting as a representative but the court is entitled to demand the submission of the authorisation document.

 (2) The originals or transcripts of the documents referred to in a petition and of the documents in the possession of the participant in the proceeding are annexed to the petition unless they have already been submitted to the court.

 (3) If performance of a procedural act requested in a procedural document is subject to state fee or security, information which enables verification of the payment thereof shall be specified in the procedural document, or certification on the grant of procedural assistance or an application for grant of procedural assistance upon payment of the state fee or security shall be annexed to the document.

§ 340.  Transcripts to other participants in proceeding

 (1) A participant in a proceeding must, upon submission of written documents and appendices thereto to the court, provide a requisite number of transcripts of such documents to be served on the other participants in the proceeding.

 (2) The provisions of subsection (1) of this section do not apply to the documents or appendices thereto which the other participants in the proceeding possess in the form of original documents or transcripts. In such case, the documents which transcripts are not provided shall be specified to the court and the participant in the proceeding shall substantiate why he or she believes that the other participant in the proceeding is in possession of such documents or transcripts.

 (2¹) The provisions of subsection (1) of this section do not apply to the electronic submission of documents.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

 (3) The provisions of subsection (1) of this section do not apply if an advocate sends transcripts of procedural documents to the advocate representing the other participant in the proceeding and confirms this to the court.

 (4) The court organises the making of transcripts or printouts of a document submitted to the court electronically if it can be presumed that an electronic document cannot be forwarded to the other participant in the proceeding or he or she is presumed to be unable to examine the content of the document or to be unable to print it out. In the case specified in the first sentence of this subsection no state fee is charged for the making of transcripts or printouts.
[RT I 2009, 67, 460 - entry into force 01.01.2010]

 (5) [Repealed - RT I 2009, 67, 460 - entry into force 01.01.2010]

§ 340¹.  Correction of omissions in procedural document

 (1) If a petition, application, objection or appeal does not comply with the formal requirements or contains other omissions which can be corrected, including upon failure to pay the state fee or security, the court sets a term for correction of the omissions and refuses to accept the procedural document until such time.

 (2) If the omissions are not corrected by the due date set by the court, the petition, application or appeal is not accepted and is returned, and a petition, application or appeal which is already accepted is refused to be heard. An appeal may be filed against a ruling of a county court or circuit court made thereon unless otherwise provided by law. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court unless otherwise provided by law.

 (3) If the omissions in objections are not corrected by the due date set by the court, the court disregards the objections.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Part 8 COURT SESSION 

§ 341.  Adjudication of matter in court session

 (1) A civil matter is heard and adjudicated in a court session unless otherwise prescribed by law.

 (2) The rights and obligations prescribed to the court by this Chapter also apply to courts acting on the basis of a letter of request and judges acting on the basis of an order.

§ 342.  Scheduling of court session

 (1) The court schedules a court session in order to adjudicate a petition or application, unless the petition or application can be adjudicated without holding a court session.

 (2) A court session is scheduled immediately after receipt of a petition or application and the response thereto or upon expiry of the term set for responding. The court may also schedule a court session before receiving a response or before expiry of the term set for responding if it may be presumed that a court session is required for adjudication of the matter regardless of the response or if immediate scheduling of the session is reasonable under the circumstances due to other reasons. If the court does not require a response, it schedules the court session immediately after receipt of a petition or application.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (3) If possible, the court obtains and considers the opinion of the participants in the proceeding upon scheduling a court session.

§ 343.  Sending of summonses and publication of time of court session on website of court

 (1) In order to notify the time and place of a court session, the court serves summonses on the participants in the proceeding and other persons to be invited to the court session.

 (2) The interval between the date of service of summonses and the date of the court session shall be at least ten days. Such interval may also be shorter if the participants in the proceeding agree thereto.

 (3) The time of holding the court session is also published on the website of the court, setting out the number of the civil matter, the names of the participants in the proceeding and the general description of the civil matter. If a court session is closed, only the time of holding the court session, the number of the civil matter and a notation that the court session is closed are published. The time of holding the court session is removed from the website when seven days have passed from the holding of the court session.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 344.  Content of summonses

 (1) A summons sets out at least:
 1) the name of the person summoned to court;
 2) the name and address of the court;
 3) the time and place of the court session;
 4) the merits of the case;
 5) the capacity in which the person is being summoned;
 6) the duty to give notice of reasons for failure to appear in court;
 7) the consequences of failure to appear in court.

 (2) If in actions, a participant in a proceeding is summoned to a session of the Supreme Court and the summons is not sent to a sworn advocate, it is also indicated in the summons that the participant in the proceeding is permitted to perform procedural acts, and file petitions and applications in the Supreme Court only through a sworn advocate.

 (3) The first summons served on a person in a civil matter sets out the obligation to bring to the court session an identity document. The first summons sent in a matter to a representative sets out the representative's obligation to bring to the court session a document certifying his or her right of representation unless the representative is an advocate.

 (4) A summons sent to a witness also refers to the right of a witness to receive compensation for a witness and compensation for expenses.

 (5) A summons need not be signed.

 (6) A single form for summonses shall be established by a regulation of the minister responsible for the area.

 (7) A summons need not be in the form prescribed in subsections (1)–(6) of this section if the summons is delivered in a court session or if a person signs in a court session the minutes concerning the time of holding a court session. If necessary, the court explains the circumstances related to the summons.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 345.  Notification of failure to appear in court session

  A participant in a proceeding, witness, expert, interpreter or translator summoned to a court session who is unable to appear in court shall give the court timely notice thereof and provide the court with reasons for his or her impediment to appear in court.

§ 346.  Personal presence of participants in proceeding in court session

  [RT I 2008, 59, 330 - entry into force 01.01.2009]

 (1) The court may require, by a ruling, the personal appearance of a participant in a proceeding or representative thereof in a court session if, in the opinion of the court, this is necessary for clarification of circumstances relevant to the adjudication of the matter or for ending the dispute by compromise. The court does not require the personal appearance of a participant in a proceeding in a court session if personal appearance of the party cannot be demanded due to the disproportionate length of the journey or another good reason.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (2) In marital and filiation matters, a county court requires the personal appearance of the parties and shall hear the parties unless the parties have a good reason not to appear in court. If a party is unable or cannot be expected to appear in court, the party may be heard and his or her statements may be obtained by a court conducting proceedings in the matter on the basis of a letter of request.

 (3) A participant in a proceeding is personally notified by a summons of the obligation to appear in court in person even if he or she has appointed a representative for the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (4) If a participant in a proceeding fails to appear in a court session regardless of the order of the court, the court may fine him or her on the same basis as it may fine a witness who fails to appear in a court session for hearing, or apply compelled attendance on him or her.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

 (5) The provisions of subsection (4) of this section do not apply if the participant in the proceeding sends to the court session a representative who is able to explain the factual circumstances and is authorised to make the required statements and, above all, to agree on a compromise. Even in such case the court has the right to fine the party or apply compelled attendance on the party in matrimonial and filiation matters.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 347.  Commencement of court session

 (1) When the court enters or leaves the courtroom, the persons present in the room stand up.

 (2) Upon commencement of a court session, the court announces the matter to be heard. At the beginning of a court session, the court ascertains:
 1) who of the summoned persons have appeared in the court session, and their identity;
 2) whether the persons absent from the court session have been notified of the holding of the court session pursuant to law or whether they have been summoned to court pursuant to law;
 3) whether the representatives of the participants in the proceeding hold the right of representation.

 (3) In a court session prescribed for hearing a matter, the court introduces the content of the proceeding and the procedural situation.

 (4) In a session organised solely for the purpose of announcing a decision, the persons who are present need not be established and their identity need not be checked.

 (5) In the cases where a participant in a proceeding is not represented by an advocate, the court explains the consequences of performance of or failure to perform a procedural act to the participant in the proceeding or his or her representative. If the consequences of performance of or failure to perform a procedural act have been explained once, repetition thereof at a later time is not required.

§ 348.  Course of court session

 (1) The court directs a court session and ascertains the opinion of the participants in the proceeding on the circumstances relevant to the matter and removes from the hearing everything that is irrelevant to the adjudication of the matter.

 (2) The court undertakes to ensure that a matter is heard to a sufficient extent and without deferral.

 (3) Prior to adjudicating a petition of a party, the court hears the opinion of the other participants in the proceeding on such issue. The court provides the participants in a proceeding with an opportunity to provide their opinion on any circumstance relevant to the adjudication of the matter.

 (4) If a participant in a proceeding is represented by another person, the court also hears the participant in the proceeding in person if the participant in the proceeding so desires.

 (5) If a matter is heard by a collegial court panel, the presiding judge has the rights of the court upon organising the court session. At the request of the other members of the court panel, the presiding judge provides them with an opportunity to pose questions.

§ 349.  Oral hearing of matter

 (1) Court hearing of a matter is oral unless otherwise prescribed by law.

 (2) The petitions, applications and other documents submitted to the court and forwarded to the participants in the proceeding are read out aloud in a court session only if the wording of the statement to be read out is relevant to the matter or if the court deems it necessary due to another reason. Otherwise, only a reference is made to the documents.

§ 350.  Court session held in form of procedural conference

 (1) The court may organise a session in the form of a procedural conference such that a participant in the proceeding or his or her representative or adviser has the opportunity to stay at another place at the time of the court session and perform the procedural acts in real time at such place.

 (2) A witness or expert who stays in another place may also be heard, and a participant in the proceeding who stays in another place may pose questions to them, in the manner specified in subsection (1) of this section.

 (3) In a court session organised in the form of a procedural conference, the right of every participant in the proceeding to file petitions and applications and to formulate positions on the petitions and applications of other participants in the proceeding shall be guaranteed in a technically secure manner and the conditions of the court session in respect of the real time transmission of image and sound from the participant in the proceeding not present in court premises to the court and vice versa must be technically secure. With the consent of the parties and the witness and, in a proceeding on petition, with the consent of the witness alone, the witness may be heard by telephone in a procedural conference.

 (4) The minister responsible for the area may establish specific technical requirements for conducting a court session in the form of a procedural conference.

§ 351.  Ascertaining of facts in court session

 (1) The court discusses the disputed facts and relationships with the participants in the proceeding to the necessary extent from both the factual and legal point of view.