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Code of Civil Procedure¹

Passed 20.04.2005
RT I 2005, 26, 197
Entry into force 01.01.2006

Amended by the following legal instruments (show)

Part 1 GENERAL PROVISIONS 

Chapter 1 GENERAL PRINCIPLES OF PROCEDURE 

§ 1.  Administration of justice in civil matters

  Unless otherwise provided by law, civil matters are dealt with under civil procedure. 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 that the courts deal with civil matters justly, within a reasonable period of time and at the minimum possible cost.

§ 3.  Right of recourse to courts

 (1) The court conducts proceedings on a civil matter if a person applies to the court for relief in accordance with the rules provided by law in relation 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-court proceedings must be conducted in the matter before a person may apply for relief to the court.

§ 4.  Disposal of procedural rights

 (1) The court conducts proceedings in a civil matter only if a court claim or a petition to issue proceedings has been filed in accordance with the rules provided by law. In the cases provided by law, the court conducts proceedings in a civil matter of its own motion.

 (2) In an action dealt with under the rules for actions by claim, the parties determine the object of the dispute and the course of the proceedings, and decide on the submission of motions and filing of appeals.

 (3) Parties may terminate a court claim by judicial compromise. The claimant may withdraw the claim they have made and the defendant may admit the claim filed against them.

 (4) During the course of proceedings, the court shall take all possible measures to resolve 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 things, 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 resolve 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 resolution of the matter, considering the circumstances of the case and the course of the proceedings, it may order the parties to participate in the conciliation proceedings 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 a court claim 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 cases dealt with under the rules for actions by petition, the court itself ascertains the facts and takes the necessary evidence unless otherwise prescribed by law. In contentious matters, the court itself ascertains the facts and takes the necessary evidence only in the cases prescribed by law.

§ 6.  Law applicable at time of proceedings

  A procedural operation 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 the 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 DEAL WITH CIVIL MATTERS 

§ 9.  Competent courts

 (1) District courts, circuit court of appeals and the Supreme Court are competent to deal with civil matters.

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

 (3) Unless otherwise provided by law, the higher court does not deal with a civil matter before the matter has been dealt with by a court of the preceding instance of judicial hierarchy.

§ 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 district court

 (1) District courts deal with all civil matters as courts of first instance.

 (1¹) A district court shall not deal with civil matters related to European patents and European patents with unitary effect, except for such civil matters related to European patents or European patents with unitary effect which are not in the competence of the Unified Patent Court in accordance with the Agreement on a Unified Patent Court (OJ C 175, 20.6.2013, p. 1–40).
[RT I, 04.07.2017, 4 – entry into force 01.06.2023 – enters into force simultaneously with the entry into force, in respect of Estonia, of the Agreement on a Unified Patent Court and of the Agreement on the establishment of a Nordic-Baltic regional division of the Unified Patent Court (announcements of the Ministry of Foreign Affairs – RT II, 04.03.2023, 3 and RT II, 04.03.2023, 4)]

 (2) Where this expedites dealing with matters or otherwise renders it more effective, the law may provide that certain types of matter be dealt with exclusively by a certain district court.

§ 12.  Jurisdiction of circuit court of appeal

  A circuit court of appeal deals with the decisions made in civil matters by the district courts within its territorial jurisdiction on the basis of appeals and interim appeals filed against those decisions. A circuit court of appeal also deals with other matters placed within its jurisdiction by law.

§ 13.  Jurisdiction of Supreme Court

  The Supreme Court deals with the decisions made in civil matters by the circuit court of appeals on the basis of appeals in circuit court of appeals. The Supreme Court also deals with petitions for the review of court decisions in force and, in the cases provided by law, appoints a court with the appropriate competence to deal with a matter, and deals with other matters placed within its jurisdiction by law.

§ 14.  Validity of procedural operations

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

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

 (3) In the cases prescribed by law, a procedural operation 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 operation. The panel may amend the order made by the judge acting on the basis of an order.

§ 15.  Financial aid between courts in performance of procedural operations

 (1) When dealing with civil matters, courts provide each other assistance in the performance of procedural operations. A court requests assistance from another court above all in the cases where the performance of a procedural operation in the other court would facilitate the conduct of proceedings in the case, save the time of the parties to the proceedings and of the court or reduce costs of the case.

 (2) A court requesting financial aid submits a request to the court within whose territorial jurisdiction the procedural operation 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 operation 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 operation. The court which performs a procedural operation presents information concerning the costs to the court who submitted the letter of request, and such costs are deemed to be costs of the case that is being dealt with.

 (5) Unless otherwise provided by law or an international agreement, an Estonia court provides financial aid in performance of a procedural operation at the request of a foreign court if, pursuant to Estonian law, the requested procedural operation belongs to the jurisdiction of the Estonia court and is not prohibited by law. A procedural operation may also be performed or a document may be issued pursuant to the law of a foreign state if this is necessary for the conduct of proceedings in the foreign state and if the interests of the parties to the proceedings 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 Estonia 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 dealing with civil matters in district court

 (1) In the district court, civil matters are dealt with by a single judge.

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

§ 17.  Panel dealing with civil matters in circuit court of appeal

 (1) Unless otherwise prescribed by law, civil matters are dealt with in the circuit court of appeal by a panel of three judges on a collegial basis.

 (2) Upon hearing a matter by way of appeal procedure, the chairman of a circuit court of appeal has the right to include a county judge of the same circuit in the panel of the circuit court of appeal 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 dealing with civil matters in the Supreme Court

 (1) Unless otherwise prescribed by law, civil matters are dealt with in the Supreme Court by a panel of at least three judges on a collegial basis.

 (2) If a panel of the Supreme Court dealing with a matter has fundamentally differing opinions concerning the interpretation and application of the law, the matter is referred to the full panel of the Civil Chamber of the Supreme Court. The panel may also refer a civil matter 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 dealing with 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 by an order to the Special Panel of the Supreme Court.
[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 resolution of the matter by the Supreme Court en banc to be essential for the uniform application of law;
 3) resolution of the matter requires resolution of an issue to be considered 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 conduct of proceedings in the case, the matter is heard anew from the beginning. If the previous panel of the court has taken and examined evidence, the new panel is not required to repeat this operation unless the parties apply therefor.

 (2) If proceedings are 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 those proceedings. A reserve judge is present at the hearing of the matter and replaces the judge that conducts proceedings in the case 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 rectification of mistakes in the decision, for the making of an additional decision, for limiting the publication of the decision, for enforcement of the decision without delay, for dismissing an application or for termination of the proceedings, need not be resolved 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 resolves any differences of opinion 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 dealing with civil matters

 (1) In the cases provided by law, a civil matter may also be dealt with by an assistant judge in the stead 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 an order in preparation of adjudicating a matter or other orders of organisational nature which are not subject to appeal, including an order on refusal to proceed to a consideration of an application, petition or appeal and an order 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 conduct proceedings a civil matter and shall remove himself or herself in the following cases:
 1) in a matter in which he or she is a party to the proceedings or a person against whom a claim arising from the proceedings 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 party to the proceedings or in which he or she participated or had the right to participate as the legal representative of a party to the proceedings;
 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 the making of the decision in pre-court proceedings, in the preceding court instance or 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 party to the proceedings

 (1) The removal of a judge may be requested by a party to the proceedings 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 party to the proceedings 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 the matter on its merits without having submitted a petition of challenge.

 (2) In the case specified in subsection 1 of this section, a party to the proceedings 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 operation or the party to the proceedings became aware of such basis only after the procedural operation had been performed. Such circumstances shall be substantiated in the petition.

 (3) A petition of challenge which has been submitted under the same circumstances and which has already been resolved shall be dismissed.

§ 26.  Resolution 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 an order 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 resolved by an order 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 dealing with a matter or a judge sitting alone and the panel or judge fail to remove themselves, the matter of removal is resolved 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 dealing with a matter, the petition of challenge is resolved 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 an order 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 in accordance with the rules provided 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 resolution of a petition of challenge against a judge, the judge may only perform procedural operations 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 resolved, from making a decision which terminates proceedings before that court instance. If proceedings were continued after submission of a petition of challenge and the petition is granted, the procedural operations 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 considered by another judge or panel of the same court. If a judge cannot be replaced in the court that is considering 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 setting aside 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 party to the proceedings may remove an expert, interpreter or translator participating in the proceedings. 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 operation which requires the presence of the interpreter or translator begins.

 (3) A petition of challenge submitted after the questioning of the expert or after the commencement of the procedural operation requiring the presence of the interpreter or translator, or more than 15 days after the date on which the name of the expert, interpreter or translator became known, is considered 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 considering the matter resolves the removal of an expert, interpreter or translator by an order. If a petition of challenge is submitted in a court session, the court hears the opinions of the person whose removal is requested and of the parties to the proceedings.

 (6) The setting aside 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) Proceedings before the courts and clerical business in the courts are conducted in the Estonian language.

 (2) Minutes of court sessions and of other procedural operations 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 party to the proceedings 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 party to the proceedings 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 parties to the proceedings do not object to accepting the evidence in another language.

 (2) The court may require a translation made by a sworn translator or caution the translator that he or she bears liability for a knowingly false translation.
[RT I, 23.12.2013, 1 – entry into force 01.01.2020]

 (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 party to the proceedings only if the party to the proceedings so requests and provided that in the proceedings the party to the proceedings is not represented by a representative and he or she has been granted financial aid 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 financial aid.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (5) The translation of the request to be submitted on the basis of § 681¹ of this Code into English or French and the translation of the decision of the Europea court of Human Rights received for the submitted request into Estonian shall be organised by the Supreme Court at the expense of the state.
[RT I, 26.06.2017, 17 – entry into force 06.07.2017, subsection 5 is implemented as of the day of entry into force of Protocol 16 to the European Convention on the Protection of Human Rights and Fundamental Freedoms in respect of Estonia.]

§ 34.  Participation of interpreter or translator in proceedings

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

 (2) If the court is unable to involve an interpreter or translator without delay, the court makes an order whereby the party to the proceedings 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 claimant fails to comply with the demand of the court, the court may dismiss the court claim.

 (3) Before commencing interpretation or translation in the proceedings, an interpreter or translator is cautioned that he or she bears liability for false interpretation or translation, and the interpreter or translator signs the relevant acknowledgment.
[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 proceedings for placement of the person in a closed institution and in proceedings 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 proceedings for a contractual representative of a party to the proceedings or for an adviser.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 35.  Enlisting the assistance of an interpreter or translator for a deaf, mute or deaf-mute party to the proceedings

  If a party to the proceedings is a deaf, mute or deaf-mute person, the course of the proceedings is communicated to him or her in writing, or the assistance of an interpreter or translator is enlisted in such proceedings.

§ 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.  Declaring the proceedings closed

 (1) The court declares the proceedings or a part thereof closed at the initiative of the court or based on a petition of a party to the proceedings if this is clearly necessary:
 1) for the protection of national deposit fee 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 party to the proceedings, witness or other person;
 3) for the protection of the private life of a party to the proceedings, 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 the proceedings;
 8) for the protection of the confidentiality of messages transmitted by post, telegraph, telephone or other commonly used means.

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

 (3) In the cases listed in clauses (1) 2), 3) and 6)–8) of this section, the court does not declare the proceedings or a part thereof closed if the person for the protection of whose interests the proceedings or a part thereof would 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 parties to the proceedings are not required in that case.

§ 40.  Rules for declaring the proceedings closed

 (1) The declaring of the proceedings or a part thereof closed is heard in a closed session if this is requested by a party to the proceedings or if the court deems it necessary.

 (2) The order declaring the proceedings or a part thereof closed is made public. The order 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 parties to the proceedings and persons present in court session to maintain confidentiality

 (1) In a closed court session, the court cautions the parties to the proceedings 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 an order, 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 parties to the proceedings 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 proceedings even if the proceedings have 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 interim appeal against the order made in respect of the obligation specified in subsections (2) and (3) of this section.

 (5) [Repealed – RT I, 07.12.2018, 2 – entry into force 17.12.2018]

§ 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 MEASURES TO ENSURE COMPLIANCE IN CIVIL PROCEEDINGS 

§ 43.  Order in court session

 (1) The court ensures order in a court session and organises the enforcement of orders made to maintain order in a court session, including orders of fines or short-term custodial sentence. The parties to the proceedings 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 operation 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 party to the proceedings 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 parties to the proceedings.

 (2) The court may remove from the proceedings a representative or adviser of a party to the proceedings 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 proceedings before the court, 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 party to the proceedings 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 party to the proceedings or his or her representative leaves the session voluntarily. A representative of a party to the proceedings is considered to have left the session also if he or she is removed from the proceedings or he or she is prohibited from making statements in the proceedings 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 short-term custodial sentence 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 party to the proceedings 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 party to the proceedings is not present in the court session or performance of a procedural operation, 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 attorney belongs of application of the provisions of subsections (1)–(4) of this section to an attorney.
[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 party to the proceedings 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 an order.

§ 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 an order whereby a fine is imposed is immediately served on the person fined or the representative thereof.

§ 47.  Short-term custodial sentence and compelled attendance

 (1) The court may, by order, impose short-term custodial sentence in civil proceedings in the cases prescribed by law if the court has warned the person that short-term custodial sentence may be imposed.

 (2) In the cases where collection of a fine is impossible, the fine may be substituted by short-term custodial sentence of up to three months. Substitution of a fine by short-term custodial sentence may already be prescribed by the order which imposes a fine. Upon substitution of a fine by short-term custodial sentence 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 short-term custodial sentence.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (3) A short-term custodial sentence is served under the conditions provided for in the Imprisonment Act at the jail or prison that serves the service area of the court that made the order or the locality in which the sentenced person has their residence.
[RT I, 03.03.2021, 1 – entry into force 04.03.2021]

 (4) The court may, by an order, 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 an order 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 order on fine or short-term custodial sentence

  A person on whom a fine or short-term custodial sentence is imposed may file an interim appeal against the order on fine or short-term custodial sentence specified in this Chapter. An order of a circuit court of appeal concerning an interim appeal of a district court on fine is not subject to appeal to the Supreme Court.
[RT I, 19.03.2019, 2 – entry into force 29.03.2019]

Chapter 8 MINUTES 

§ 49.  Taking minutes of procedural operations

 (1) Minutes are taken of court sessions and, in the cases provided by law, also of other procedural operations. The same applies to procedural operations 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 operation. 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 operation shall reflect the essential course of the procedural operation 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 operation, and a short description and number of the matter;
 2) the name of the court considering 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 parties to the proceedings and their representatives, and witnesses and experts;
 5) information on whether or not the procedural operation is open to the public;
 5¹) agreement on law applicable to dealing with the matter;
[RT I, 10.03.2016, 1 – entry into force 01.07.2016]
 6) the petitions and requests of the parties to the proceedings;
 7) the admission of the court claim, discontinuance of the court claim or compromise;
 8) the essential content of the claims and objections of the parties and other parties to the proceedings to the extent this is not reflected in the written documents submitted to the court;
 9) the essential content of the statements of the parties to the proceedings 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 party to the proceedings, a fact or position presented in the matter is included in the minutes. The court may, by order, deny 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 an order of the minister responsible for the area.
[RT I 2006, 7, 42 – entry into force 04.02.2006]

§ 52.  Recording of procedural operation

 (1) Court sessions are audio recorded.
[RT I, 31.05.2018, 2 – entry into force 01.01.2019]

 (1¹) Court sessions need not be recorded if:
 1) it becomes evident before the session or in the course of the session that recording is technically impossible;
 2) the session is held outside the court premises;
 3) the session is held in the absence of a party and the court dismisses the court claim, postpones the hearing of the matter or deals with the matter by written procedure or by a default judgment;
 4) the session is held for pronouncement of the decision;
 5) in the event of a session of the Supreme Court.
[RT I, 31.05.2018, 2 – entry into force 01.01.2019]

 (1²) A court session or other procedural operation 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 operation.
[RT I, 31.05.2018, 2 – entry into force 01.01.2019]

 (2) The minutes contain only an indication concerning the recorded statements of witnesses, experts and parties to the proceedings and recorded inspection results unless, in the course of the proceedings, 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 parties to the proceedings 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 parties to the proceedings 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) Parties to the proceedings 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 parties to the proceedings of the time of signing the minutes and forwards the minutes to them electronically immediately after signing thereof if the party to the proceedings 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 party to the proceedings submits a request for correction of the content of the minutes, the court seeks the position of the other parties to the proceedings on the issue. If necessary, the court holds a court session for resolving the request. Absence of a party to the proceedings from the session does not preclude resolution 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 operation, 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 operation, 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 operation 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 during the conducting of other procedural operations 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 of falsification.
[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 at all tiers of the proceedings, including minutes and court decisions. In the cases prescribed by law, other objects relevant to proceedings 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) Paper documents are scanned and saved under the appropriate proceedings in the courts information system. The courts information system records automatically the time of saving the document in the system and the details of the person saving the document. Documents saved in the courts information system substitute for paper documents.
[RT I, 22.03.2013, 9 – entry into force 01.04.2013]

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

§ 58.  Archiving of files

 (1) The district court that conducted proceedings in the case archives the file when the decision which terminated the proceedings has entered into force.

 (2) The file and the procedural documents contained therein are preserved after the conclusion of proceedings only as long as this is necessary in the interests of the parties to the proceedings or other persons, or in the public interest.

§ 59.  Examination of file

 (1) The parties to the proceedings have the right to examine the file and obtain transcripts of procedural documents contained therein.

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

 (1²) The court may restrict the right of a party to the proceedings to examine the audio recording of a court session if the session or a part thereof was declared to be held in camera or if negotiations were held at the court session concerning compromise.
[RT I, 31.05.2018, 2 – entry into force 01.01.2019]

 (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 proceedings in the case, 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 proceedings in a matter have ended with a decision which has entered into force, other persons may examine the file even without the consent of the parties and obtain transcripts of procedural documents with the permission of the district court which conducted the proceedings, 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, in cases dealt with under the rules for actions by petition other persons may examine the file and obtain transcripts of procedural documents only with the permission of the court which has conducted or is conducting proceedings in the case provided 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 party to the proceedings or his or her representative.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (5²) At the request of a party to the proceedings 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 in accordance with the rules 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) Orders of denial permission to examine a file are made by the judge or assistant judge. An appeal may be filed against such an order. The order entered by the circuit court of appeal concerning an appeal against such orders 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 party to the proceedings or at its own initiative.

 (2) In the proceedings for the restoration of a file, the court requires the parties to the original proceedings to submit detailed information and documents or copies of documents concerning the matter.

 (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 copies thereof and other evidence relevant to the matter.

 (4) Persons who were present at the procedural operations, 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 an order made under the rules for actions by 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 proceedings were terminated or the order on termination of proceedings or on dismissal of the matter shall be restored if such a decision or order 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 proceedings for the restoration of the file by order.
[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 court 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, parties to 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 an order.

 (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 operation 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 operation 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 party to the proceedings 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 operation 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 operation on time

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

§ 67.  Reinstatement of procedural term provided by law

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

 (2) A petition for reinstatement 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 reinstatement of term

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

 (2) A procedural operation for which reinstatement of the term is applied shall be performed simultaneously with the submission of the petition to reinstate the term.

 (3) The court resolves the reinstatement of a term by an order.

 (4) An appeal may be filed against an order on refusal to reinstate a term made by a district court or circuit court of appeal. An order of a circuit court of appeal concerning an interim appeal of a district 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 reinstated, proceedings return to the stage they had reached before the term was allowed to expire.

 (6) Before deciding on reinstatement of a term, the court may, by order, suspend enforcement proceedings or permit them to be continued only on provision of a deposit fee, or revoke the enforcement operation.

Part 2 JURISDICTION 

Chapter 11 GENERAL PROVISIONS 

§ 69.  Definition of jurisdiction

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

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

 (3) Optional jurisdiction establishes the court with which actions can be filed against a person and other procedural operations 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 cases dealt with under the rules for actions by 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 dealt with by an Estonia court.

 (2) A matter falls under the jurisdiction of an Estonia court if an Estonia court can deal with 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]
 4) Regulation (EU) No 650/2012 of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (OJ L 201, 27.7.2012, p. 107–134);
[RT I, 10.03.2016, 2 – entry into force 20.03.2016]
 5) Regulation (EU) No 655/2014 of the European Parliament and of the Council establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters (OJ L 189, 27.6.2014, p. 59–92).
[RT I, 26.06.2017, 17 – entry into force 06.07.2017]

§ 71.  Agreement on jurisdiction

  In the cases and in accordance with the rules prescribed by law, the parties may enter into an agreement concerning jurisdiction. An agreement concerning jurisdiction is an agreement to resolve a dispute in a specific court.

§ 72.  Special jurisdiction of Harju District court

 (1) If, pursuant to general provisions, a matter does not fall under the jurisdiction of an Estonia court or such jurisdiction cannot be determined and an international agreement or law does not provide otherwise, the matter is dealt with by Harju District court if:
 1) the case must be dealt with 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 District court also deals with the matter if the matter falls under the jurisdiction of an Estonia 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 party to the proceedings 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 consider 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 Estonia courts concurrently, the petitioner has the right to choose the court with which to file the petition. In such case, the matter is dealt with by the court which was the first to receive the petition.
[RT I 2005, 39, 308 – entry into force 01.01.2006]

 (2) If a court claim is made 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 district court, but within the service areas of different courthouses, the claimant indicates the courthouse wherein the matter is heard. If the claimant 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) Cases dealt with under the rules for actions by 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 district 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 Estonia 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 Estonia court.

 (3) A person may request, even before filing a petition, that the court make an order 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 parties to the proceedings on resolving the request and hear them.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (3¹) The order 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. An order made by a circuit court of appeal concerning an interim appeal 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 grounds other than resolution of appeals filed against court orders concerning jurisdiction, against orders rejecting a petition, against orders by which a petition is dismissed and against orders of termination of proceedings. A higher court may also verify on the basis of another appeal whether an Estonia court may deal with a matter according to international jurisdiction if that jurisdiction was challenged in the district 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 an order 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 order specified in subsection 1 of this section is subject to appeal. An order made by a circuit court of appeal concerning an interim appeal 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 order. If an appeal is filed against the court order, the court refers the matter if it denies the appeal.

 (4) The court which receives the matter referred must consider that 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 the matter on its merits even if the circumstances which constituted the basis for determination of jurisdiction have changed after acceptance of the petition.

§ 78.  Filing of court claims with courts of different states

 (1) If a court claim of identical content between the same parties has been accepted by a competent court of a foreign state before the court claim was filed with an Estonia court, the Estonia court accepts the court claim provided that the other conditions for acceptance of the matter are fulfilled and the jurisdiction of Estonia court does not arise from an international agreement or a European Union regulation specified in subsection 70 (4) of this Code but suspends proceedings 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 a court claim with an Estonia court is deemed to be the time when the court claim, 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 court claim 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 operation with respect to the court claim.

 (3) The court resumes the proceedings suspended on the grounds specified in subsection 1 of this section in accordance with the rules 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 an order on termination of proceedings after the 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 the order.

 (5) The provisions of subsections (1)–(4) of this section apply correspondingly upon filing of petitions with courts of different states under procedure for actions by petition.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

Chapter 12 GENERAL JURISDICTION 

§ 79.  Jurisdiction over person

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

 (2) If the residence of a natural person is not known, a court claim 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) A court claim 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, a court claim can be filed against him or her with Harju District court.

§ 81.  Jurisdiction over Republic of Estonia and local governments

 (1) A court claim 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 court claim against the state or local government agency.

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

 (3) A claimant can also file a court claim 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

  A court claim involving a pecuniary 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

  A court claim 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 a court claim 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, a court claim involving a pecuniary 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 court claim 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 court claim 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 court claim can be filed with the court of the location of the thing.

§ 87.  Jurisdiction over court claims involving claim secured by mortgage or encumbered with real encumbrance

  A court claim for the collection of a claim secured by a mortgage or encumbered with a real encumbrance or another court claim 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 over court claims arising from apartment ownership

  A court claim 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) A court claim arising from a contract or a court claim 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

  A court claim 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 a court claim 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 over court claims 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 a court claim 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, a court claim can also be made against the insurer at the court of the place of performance of the operation or occurrence of the event which caused the harm or the place where the harm was caused.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 91¹.  Jurisdiction over court claims arising from agreement on intellectual property rights

  A court claim arising from an agreement on transfer of an object of copyright, related rights or industrial property rights or a licence agreement or a court claim for ascertainment of the invalidity of such agreement may also be filed with Harju District court.
[RT I, 19.03.2019, 4 – entry into force 01.04.2019]

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

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

§ 93.  Jurisdiction over court claims arising from bill of exchange or cheque

  A court claim 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 over court claims arising from illegal causing of damage

  A court claim for compensation for illegally caused harm can also be made at the court of the place of performance of the operation or occurrence of the event which caused the harm or the place where the harm was caused.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 95.  Jurisdiction over court claims arising from maritime claim, rescue work or rescue contract

 (1) A court claim 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) A court claim 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 court claims for division of estate

 (1) A court claim 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 court claim 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 court claim can be filed with Harju District court.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

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

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

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

§ 98.  Jurisdiction over counterclaims and court claims by a third party with an independent claim

 (1) A counterclaim can be filed with the court with which the court claim was filed provided that the conditions for filing a counterclaim are complied with and the counterclaim does not fall under exclusive jurisdiction and it is not established that matters of this type are reviewed by a certain district court only. The above also applies in cases where pursuant to general provisions, the counterclaim should be filed with a court of a foreign state.
[RT I, 19.03.2019, 4 – entry into force 01.04.2019]

 (2) A court claim by a third party with an independent claim can be filed with the court which is considering the original court claim.

§ 98¹.  Jurisdiction in bankruptcy proceedings

  [Repealed – RT I, 04.01.2021, 4 – entry into force 01.02.2021]

Chapter 14 EXCLUSIVE JURISDICTION 

§ 99.  Jurisdiction by location of immovable

 (1) A court claim 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) A court claim 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

 (1) A court claim 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 court claim is made with the court under whose territorial jurisdiction the standard term was applied.
[RT I, 05.04.2013, 1 – entry into force 15.04.2013]

 (2) The provisions of this Code concerning the claim for termination of application of a standard term also apply in the case provided in subsection 45 (2¹) of the Law of Obligations Act.
[RT I, 05.04.2013, 1 – entry into force 15.04.2013]

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

  A court claim 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 that seek resolution of court claims 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 pecuniary relationship between the spouses;
 5) other claims arising from the marital relationship of a spouse filed against the other spouse.

 (2) An Estonia court is competent to deal with 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 dealt with by an Estonia court, a court claim is made 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 court claim is made 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 claimant.
[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 claim against such person can also be filed with the court of the residence of the claimant.
[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 that seeks resolution of a court claim 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.
[RT I 2009, 30, 177 – entry into force 01.07.2010]

 (2) An Estonia court can deal with 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 dealt with by an Estonia court, the court claim is made with the court of the residence of the child. If the residence of the child is not in Estonia, the court claim is made with the court of the residence of the defendant. If the residence of the defendant is not in Estonia, the court claim is made with the court of the residence of the claimant.
[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 that seeks resolutio of a court claim 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.

§ 103¹.  Jurisdiction in bankruptcy proceedings

  A court claim by claim related to bankruptcy proceedings or to a bankruptcy estate is filed with the court that declared the bankruptcy.
[RT I, 04.01.2021, 4 – entry into force 01.02.2021]

Chapter 15 AGREEMENT ON JURISDICTION 

§ 104.  Agreement on jurisdiction

 (1) A court may also consider a matter according to 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 court claim.

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

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

  Internationally as well as among Estonia courts, district courts may, according to jurisdiction, deal with the case if the defendant responds to the court claim without contesting jurisdiction and also if the defendant does not respond to the court claim 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 court claim;
 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 deal with the matter in accordance with normal jurisdiction even when the circumstances described in § 105 of this Code arise in the proceedings.

§ 107.  Change of jurisdiction during proceedings

  The court of first instance may, by order, refer the matter to another court of first instance if the parties submit a joint petition to such effect before the first court session or, in written procedure, before the expiry of the term for submission of positions.

Chapter 16 JURISDICTION IN CASES DEALT WITH UNDER THE RULES FOR ACTIONS BY PETITION 

§ 108.  Expedited procedure for orders for payment

  Matters subject to expedited procedure for orders for payment are dealt with by Haapsalu courthouse of Pärnu District court.
[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 Estonia 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 Estonia 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 District court.

 (4) A petition for amendment of the time of death or for withdrawal of the 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 Estonia court is competent to deal with 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 Estonia 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 Estonia 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 not appointing a guardian in Estonia is in the interests of the person in need of guardianship.

 (3) A guardianship matter is dealt with 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 dealt with 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, in such a case, guardianship proceedings are already pending before a court, the guardianship matter is dealt with by that 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 dealt with by the court in whose territorial jurisdiction the person or his or her property is in need of protection, or by Harju District court.

 (7) A matter relating to a person under guardianship or his or her property is dealt with by the court which appointed the guardian. Such matter can also be dealt with, 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 dealt with by the court which appointed the guardian for the person or the court conducting proceedings in the case of guardianship. In other cases such matters are dealt with by the court within whose territorial jurisdiction the closed institution is located. The matter can also be dealt with by the court that applied interim protection of a right.
[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) Interim protection of a right in the case may be ordered by any court within whose territorial jurisdiction the relevant measure must be applied.

 (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 dealt with by the court that decided 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 dealt with 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 dealt with 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 dealt with 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 dealt with by an Estonia 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 District court.

 (3) A matter of declaring an adoption invalid is dealt with 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 dealt with by an Estonia 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 to set aside 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 District 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 District court.
[RT I 2009, 30, 177 – entry into force 01.07.2010]

§ 116.  Other family matters dealt with under the rules for actions by petition

 (1) The provisions of § 110 of this Code apply to family matters which are to be dealt with under the rules for actions by petition and which are not mentioned in this Subchapter, unless otherwise provided by law or dictated by the nature of the matter.

 (2) A case dealt with under the rules for actions by petition relating to the legal relationship between spouses or divorced spouses is dealt with 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 dealt with by the court of the residence of the spouse whose rights would be restricted by the requested order. If the residence of that spouse is not in Estonia or the residence cannot be established, the matter is dealt with 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 District court.

 (5) Interim protection of a right in a family matter dealt with under the rules for actions by petition may be applied by each court within whose territorial jurisdiction a measure must be applied.

§ 117.  Application of estate management measures

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

 (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.  Unknown rightholder proceedings – jurisdiction

 (1) A petition for declaration of a deposit fee invalid is filed with the court of the place of redemption of the deposit fee and, in the absence of the place of redemption, in accordance with general jurisdiction as applicable to the issuer of the deposit fee.

 (2) A petition for initiation of unknown rightholder 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 unknown rightholder proceedings for the preclusion of the rights of the owner of a ship with Harju District court.

 (4) A petition for initiation of unknown rightholder 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 deposit fee over movables pursuant to § 59 of the Law of Maritime Property Act with Harju District court.
[RT I 2009, 30, 178 – entry into force 01.10.2009]

§ 119.  Jurisdiction in cases dealt with under the rules for actions by petition relating to legal persons in private law

  [RT I, 21.06.2014, 8 – entry into force 01.01.2015]
Cases dealt with under the rules for actions by petition, other than registry matters, which are related to the activities of a company, non-profit association or foundation, 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 dealt with 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 case dealt with under the rules for actions by petition related to apartment ownership or common ownership is dealt with by the court of the location of the immovable.

§ 120¹.  Matters of access to public road and of tolerating artificial recipients of land improvement systems, and of utility works

  [RT I, 31.05.2018, 3 – entry into force 01.01.2019]
Matters of access to a public road and of tolerating artificial recipients of land improvement systems, and of utility works, are dealt with by the court of the immovable from which access to a public road is sought or for which the building of an artificial recipient of a land improvement system is sought or on which the utility works is located.
[RT I, 31.05.2018, 3 – entry into force 01.01.2019]

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

  [RT I, 19.03.2019, 8 – entry into force 01.04.2019]
A petition for recognition and declaration of enforceability of a decision of a court of a foreign state, 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, 19.03.2019, 8 – entry into force 01.04.2019]

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

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

§ 121².  Matters of recognition and declaration of enforceability of decisions of arbitral tribunals

 (1) Petitions for recognition and declaration of enforceability of decisions of arbitral tribunals made in Estonia or decisions of arbitral tribunals of foreign states and petitions for refusal to recognise or enforce these are filed with Pärnu District court.

 (2) Petitions for suspension of enforcement of decisions of arbitral tribunals of foreign states and other petitions in enforcement proceedings are 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.

 (3) If one of the parties to an agreement in an arbitration proceeding is a consumer, a petition for recognition and declaration of enforceability of the arbitral decision or a petition for refusal to recognise or enforce the arbitral decision is filed with the court of the territorial jurisdiction of the place of the arbitration proceeding.
[RT I, 19.03.2019, 8 – entry into force 01.04.2019]

Part 3 VALUE OF CIVIL MATTER, COSTS OF THE CASE AND SECURITIES 

Chapter 17 VALUE OF CIVIL MATTER 

§ 122.  Value of civil matter

 (1) The value of a civil matter means the value of a court claim or the value of a case dealt with under the rules for actions by petition.

 (2) The value of a court claim is the usual value of that which is sought by the court claim.

 (3) The value of a case dealt with under the rules for actions by petition is the usual value of that which is petitioned in the case dealt with under the rules for actions by petition, or the usual value of the operation performed at the initiative of the court.

 (4) Costs of the case 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 court claim or other petition.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 124.  Value of court claim in case of financial claim

 (1) In the case of a court claim for payment of money, the value of the court claim 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 a court claim as at the time of filing of the court claim 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 claimant 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 harm payable upon failure to perform the obligation, the value of the court claim is determined on the basis of the claimed amount of compensation for damage.

 (3) The provisions of subsection 1 of this section also apply when petitions for expedited procedure for orders for payment are filed under procedure for actions by petition.

§ 125.  Value of court claim seeking declaratory relief

  The value of a court claim seeking declaratory relief is determined by the value of the benefit to which the claimant can be presumed to be entitled in the case the court claim is granted. If the value of the benefit cannot be determined, the claim filed in the court claim is deemed to be non-pecuniary.

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

 (1) The value of a court claim 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 resolved 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 a court claim 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 a court claim in a dispute concerning interim protection of the claim and to the corresponding right of deposit fee 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 court claim in dispute relating to real servitude

  The value of a court claim 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 court claim.

§ 128.  Value of court claim in case of contract for use

  The value of a court claim 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 court claim is the sum total of the user fees payable for one year.

§ 129.  Value of court claim upon recurring obligations

 (1) The value of a court claim 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 a court claim 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 harm 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 court claim.

§ 130.  Value of court claim 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 court claim 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 court claim in case of non-pecuniary claim

 (1) The value of a court claim in the case of a non-pecuniary 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 a court claim in the case of a non-pecuniary 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-pecuniary claim, the court may determine the value of a court claim 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 a court claim, a claim for compensation for non-pecuniary harm caused by causing of death, bodily injury, harm to health or defamation is also deemed to be a non-pecuniary claim, provided that the requested amount of compensation is not set out in the court claim and fair compensation at the discretion of the court is requested.

 (4) For the purposes of the value of a court claim, the following claims are also deemed to be non-pecuniary 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) [Repealed – RT I, 04.01.2021, 4 – entry into force 01.02.2021]

 (5) For the purposes of the value of a court claim, the claim for the declaration of compulsory enforcement to be inadmissible is also deemed to be a non-pecuniary claim. The court shall not determine the value of a court claim 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 court claim by principal and collateral claims

 (1) The value of a court claim is calculated by the principal and collateral claims.

 (2) For the purpose of calculating the value of a court claim 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 court claim.
[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 a court claim are joined for the purpose of calculating the value of the court claim. If the claims are alternative, the value of the court claim is determined by the higher claim.

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

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

§ 135.  Specification of value of civil matter by petitioner

  The claimant or other petitioner specifies the value of the court claim 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 court claim specified by the claimant or other petitioner to be incorrect.

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

 (3) The bearing of the costs of expert evaluation is prescribed by the order 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 an order 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 case when filing of appeal

 (1) The value of a civil case when filing an appeal against a court decision, appeal in cassation or interim appeal 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 court claim and the counterclaim, the values of the court claim and counterclaim adjudicated by the appealed judgment are joined, provided that the claims filed by the court claim do not preclude each other. If the claims of a court claim preclude each other, the court claim with the higher value is taken as the basis.

 (3) The value of a joint appeal by several parties to the proceedings are 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 judgment 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 COSTS OF THE CASE 

Subchapter 1 General Provisions 

§ 138.  Composition and calculation of costs of the case

 (1) Costs of the case are the court costs and extra-judicial costs incurred by a party to the proceedings.

 (2) Court costs are the statutory fee, deposit fee and the costs essential to proceedings.

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

§ 139.  Statutory fee

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

 (2) A statutory fee shall be paid on a procedural operation for the performance of which a statutory fee is provided for in the Statutory 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 statutory fee is not paid for a petition for initiation of proceedings in a case dealt with under the rules for actions by petition which the court is entitled to deal with at its own initiative. This does not preclude payment of a statutory fee on the basis of a court decision.

 (6) A statutory fee is not paid for a request for financial aid.

§ 140.  Deposit fee on cassation

 (1) Instead of a statutory fee, deposit fee on cassation is paid for appeals in cassation, interim appeals and petitions for review filed with the Supreme Court.

 (2) For an appeal in cassation and petition for review, a deposit fee 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 deposit fee of 50 euros is paid on cases dealt with under the rules for actions by petition, non-pecuniary claims and interim appeals.
[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.  Deposit fee for petition to set aside default judgment, for reopening of proceedings or for reinstatement of term

 (1) Instead of a statutory fee, a deposit fee is paid for petitions to set aside a default judgment, for petitions for reinstatement of a term and for petitions for reopening of proceedings.

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

 (3) For a petition for reinstatement of a term, a deposit fee is paid which:
 1) in a court claim is equal to the statutory fee payable for one-quarter of the value of the court claim, which shall however not be lower than 50 euros and not higher than 1500 euros;
 2) in proceedings conducted under the rules for actions by petition, is equal to one quarter of the statutory fee payable in the case, 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 proceedings 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 an enforcement agent 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 parties to the proceedings;
 2) travel, postal, communications, accommodation and other similar costs of the parties to the proceedings which are incurred in connection with the proceedings;
[RT I 2008, 59, 330 – entry into force 01.01.2009]
 3) unreceived wages or salaries or other unreceived permanent income of the parties to the proceedings;
 4) the costs of pre-court proceedings provided by law unless the court claim was filed later than six months after the end of the pre-court proceedings;
 5) the enforcement agent's fee for interim protection of the claim and the costs related to the enforcement of an order on interim protection of the claim;
 5¹) the enforcement agent's fee for the service of procedural documents;
[RT I, 29.06.2012, 3 – entry into force 01.07.2012]
 5²) the enforcement agent's fee for enforcement of a European preservation order made on the basis of Regulation (EU) No 655/2014 of the European Parliament and of the Council and the costs related to the enforcement of a European preservation order as well as the fee of the Chamber of Enforcement agents and Trustees in Bankruptcy for considering the request for obtaining information submitted on the basis of the same order;
[RT I, 26.06.2017, 17 – entry into force 06.07.2017]
 6) the costs related to the processing of an application for financial aid towards payment of costs of the case.
 7) the costs of expedited proceedings in matters of the order for payment;
[RT I, 29.06.2012, 3 – entry into force 01.07.2012]
 8) the costs of participation in a conciliation proceedings if the court imposed an obligation on the parties to participate in such proceedings pursuant to subsection 4 (4) of this Code or in the case of mandatory pre-court conciliation proceedings 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 statutory fee and deposit fee

 (1) The Republic of Estonia as a party to the proceedings is released from payment of the statutory fee and of deposit fee.

 (2) A minor or his or her attorney appointed in accordance with the rules for state legal aid, upon filing of an interim appeal in a matter in which the minor has been granted state legal aid, is released from payment of the statutory fee and of deposit fee.
[RT I, 28.12.2016, 14 – entry into force 07.01.2017]

Subchapter 2 Bearing of Costs of the Case 

§ 146.  Persons to bear the costs of the case

 (1) The following persons bear the costs of the case:
 1) a person requesting initiation of proceedings or performance of another procedural operation;
 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 costs of the case.

 (2) The persons required to pay the costs of the case in advance who fail to make such advance payment bear, to the extent of the unpaid costs, 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 costs of the case.

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

§ 147.  Payment of statutory fee

 (1) A petitioner pays the statutory fee for performance of an operation for which a statutory fee is charged in advance. A court claim is not served on the defendant and other procedural operations arising from an operation for which a statutory fee is charged are not performed before payment of the statutory fee. A term for payment of the statutory fee is set for a petitioner and if the petitioner fails to pay the statutory fee by the due date, the petition is rejected 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 statutory fee has been paid for at least one of them, acceptance of such claim or request shall not be rejected due to failure to pay the statutory fee.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (3) If the statutory 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 statutory fee in the amount provided by law. If the claimant fails to pay the statutory fee by the due date set by the court, the court dismisses the court claim in the part of the claim.

 (4) Upon an increase in the amount of a claim, a supplementary statutory fee is paid according to the increase in the value of the court claim. If the claimant fails to pay a supplementary statutory fee, the court claim 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 statutory fee for a petition or appeal in procedure for actions by petition.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (5) Upon change of expedited proceedings in a matter of the order for payment into a court claim, a supplementary statutory fee is paid on the court claim to the extent that is not covered by the statutory fee paid on the filing of a petition for application of expedited procedure for orders for payment. In the case of filing a petition for transforming expedited proceedings for an order for payment into a court claim, the matter is not accepted for a court claim before the statutory fee for the court claim 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 party to the proceedings 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 statutory 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 order by which the court claim of the court is made dependent on the advance payment of the costs essential to proceedings if the object of the appeal exceeds 640 euros. An order made by a circuit court of appeal concerning an interim appeal 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 deposit fee

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

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

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

 (4) In the case of a partial or full grant of an appeal in cassation, interim appeal or petition for review, the deposit fee is refunded based on the decision of the Supreme Court. In the case of rejection or denial of the appeal or petition for review, the deposit fee is transferred into the public revenue. The deposit fee is refunded if an appeal or petition for review is rejected because it does not comply with the format requirements or because it contains other omissions and the omissions are not rectified by the due date set by the court, likewise if an appeal, petition for review, court claim or petition to issue proceedings is dismissed or proceedings in the case are terminated.

 (5) In the case of a partial or full grant of a petition for setting aside a default judgment, for reopening of proceedings or for reinstatement of a term, the deposit fee is refunded on the basis of the corresponding court order. If the petition is denied, the deposit fee is transferred into the public revenues. The deposit fee is also refunded if a petition is rejected, likewise if a petition or court claim is dismissed or if proceedings in the case are terminated.

 (5¹) The deposit fee is not refunded if a petition to set aside a default judgment is granted in part or in full and it is transferred into the public revenues if a court claim or summons was served in conformity with the requirements provided for in this Code, including if it was served by public announcement, and the granting of the court claim by default judgment was allowed. The court may refund the deposit fee in the case specified above if the defendant could not respond to the court claim 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 deposit fee 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 statutory fees.

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

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

 (9) A claim for refunding deposit fee expires two years after the end of the year during which such deposit fee was paid, however not before the decision terminating the proceedings has entered into force.

 (10) An appeal may be filed against an order to refuse to refund deposit fee made by a district court or circuit court of appeal if the deposit fee which refund is requested exceeds 64 euros. An order made by a circuit court of appeal concerning an interim appeal is not subject to appeal to the Supreme Court.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

 (11) Compensation of deposit fee may not be demanded from the opposing party or another party to the proceedings regardless of the content of the court decision terminating the proceedings.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 150.  Refunding of statutory fees and other court costs

 (1) The statutory fee already paid is refunded:
 1) in the amount by which the fee paid exceeds the prescribed sum;
 2) if the corresponding petition is not accepted;
 3) if the corresponding petition is dismissed, except in the cases where the court claim is dismissed due to it being withdrawn by the claimant, due to failure by both parties or the claimant to appear at a court session, due to failure of the claimant to comply with the court's request to find himself or herself an interpreter, translator or representative proficient in Estonian, or due to failure of the claimant to provide a deposit fee for covering the presumed costs of the case of the defendant;
 4) if the petition for expedited proceedings in a matter of the order for payment is denied in the cases provided in subsections 483 (2) 1) and 2) of this Code;
 5) to the person who filed the corresponding interim appeal, or to the person who filed, with the district court, the appeal against a decision of the Industrial Property Committee, if their appeal is granted, provided there are no other parties to the proceedings, or if the court does not impose the obligation to pay the statutory fee on another party to the proceedings;
 6) to the person who filed the corresponding interim appeal refusing to reinstate a term, if their appeal is granted.

 (2) One half of the statutory fee paid in the proceedings is refunded if:
 1) the principal parties or, in a case dealt with under the rules for actions by petition, the parties to the proceedings conclude a compromise;
 2) the claimant discontinues the court claim;
 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) In the event that the petition is dismissed or that proceedings are terminated on account of a compromise being approved or of discontinuance of the court claim, the statutory fee paid in the previous court instance is not refunded.

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

 (5) Discontinuance of a court claim by the claimant does not restrict the defendant's right to request that the court order payment by the claimant, in full, of the costs of the case, including the paid statutory fees, in accordance with the rules provided in subsection 168 (4) of this Code.

 (6) A claim for refunding statutory fees expires two years after the end of the year during which such statutory fees were paid, but not before the decision terminating the proceedings has entered into force.

 (7) The costs essential to proceedings paid by or for a party to the proceedings at the direction of the court are refunded to the extent of any overpaid amount, and also if the operation whose 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 in accordance with the rules provided in subsections (4)–(6) of this section.

 (8) An appeal may be filed against an order to refuse to refund statutory fees or costs essential to proceedings made by a district court or circuit court of appeal if the amount which refund is requested exceeds 64 euros. An order made by a circuit court of appeal concerning an interim appeal is not subject to appeal to the Supreme Court.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

Subchapter 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 Subchapter, compensation is paid to witnesses and fees are paid to experts, interpreters and translators who participated in proceedings.

 (2) The provisions of this Subchapter, 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 in accordance with the rules 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 parties to the proceedings or whether the court has collected the costs from the parties to the proceedings.
[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 proceedings are 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 proceedings 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 proceedings before the courts, 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 considerable expenditure which the expert cannot be reasonably expected to 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 order 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) The compensation payable to a witness, as well as experts’, interpreters’ or translators’ fees and compensations for costs include the applicable taxes provided by tax laws; such taxes are withheld or, if necessary, paid off by the agency making payment to the person participating in proceedings. Unless otherwise provided by tax laws, if an amount payable to a natural person, according to the recipient of the amount, constitutes business income of the person or if payment is made to the employer of the person entitled to receive payment, the agency executing the court order transfers the entire amount prescribed by the order.
[RT I 2010, 8, 35 – entry into force 01.03.2010]

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

§ 160.  Rules 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 last participated in the proceedings. 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 reinstatement of the term if he or she had good reason for failing to respect the term. A petition for reinstatement of a term may be filed within 14 days after removal of the obstacle and substantiation of the conditions of reinstatement of the term. No fees or deposit fee is payable on the petition for reinstatement 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 order if such order is delivered to the obligated person within one year after the date of overpayment. An appeal may be filed against an order of a district court or circuit court of appeal if the object of the appeal exceeds the amount of 64 euros. An order of a circuit court of appeal concerning an interim appeal of a district 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 party to the proceedings has the right to claim reimbursement of necessary costs incurred by him or her in connection with the procedural operation from the state. The costs incurred by a person in connection with an expert assessment are reimbursed on the conditions and in accordance with the rules for reimbursement of the costs incurred in connection with expert assessment by persons not participating in proceedings as 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 operation. The court also sends a transcript of the order 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 operation 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 party to the proceedings or the Republic of Estonia through the Ministry of Justice may file an interim appeal against the order specified in subsection 2 of this section or the order to refuse to determine costs if the amount requested or determined by the court exceeds 64 euros. An order of a circuit court of appeal concerning an interim appeal of a district court is not subject to appeal to the Supreme Court.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

Subchapter 4 Division of Costs of the case 

§ 162.  Division of costs of the case under the rules for actions by claim

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

 (2) Among other things, 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 proceedings before the court. 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 costs of the case of a legal representative of a party are reimbursed according to the rules that apply to reimbursement of the costs of the case of a party.

 (4) In the cases where imposing the obligation to pay the opposing party's costs on 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 them.

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

§ 163.  Division of costs of the case in the event of partial grant of action

 (1) In the event that a court claim is granted partially, the parties cover the costs of the case in equal parts unless the court divides the costs of the case in proportion to the extent to which the court claim was granted or decides that the costs of the case must be borne, in part or in full, by the parties themselves.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (2) If the court claim is granted partially, and to an extent similar to the compromise offered by one of the parties, the court may decide that all or most of the costs of the case must be borne by the party who did not accept the compromise offer.

§ 164.  Division of costs of the case in contentious matters of family law

 (1) Both parties bear their own costs of the case in contentious matrimonial and filiation matters.

 (1¹) If a court claim for establishment of filiation is granted, the costs of the case are borne by the defendant. If a court claim for establishment of filiation is granted, the court may decide that the costs be borne, in part or in full, by the party who incurred the costs, in the cases where imposing the obligation to pay the opposing party's costs on 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 costs of the case 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 costs would be unfair and, among other things, if such division would excessively harm the essential needs of one of the spouses.

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

§ 165.  Division of costs of the case between co-claimants and co-defendants

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

 (2) The co-claimant or co-defendant in proceedings are not required to bear additional costs of the case on account of a petition, statement, evidence, appeal or contestation filed by another co-claimant or co-defendant. The above also applies if pursuant to subsection 207 (3) of this Code, a procedural operation of a co-claimant or co-defendant is applicable to other co-claimants 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 costs of the case. 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 costs of the case in the event of substitution of a party in cases of transfers 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 costs of the case 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.  Costs of the case of third party without independent claim

 (1) The costs of the case 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 costs of the case to such party in so far as the opposing party is liable for covering the costs of the case pursuant to the provisions of this Subchapter.

 (2) If the opposing party is not required to compensate for the costs, the costs 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 costs on the grounds arising from private law.

 (3) A third party without an independent claim bears the costs of the case caused to other parties to the proceedings by a petition, request or appeal thereof unless such costs are covered by the opposing party thereof.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 168.  Division of costs of the case in the event of rejection of the matter, dismissal of the court claim, termination of proceedings in the case and admission of the court claim

 (1) The claimant bears the costs of the case if the court rejects the petition and returns it.

 (2) The claimant bears the costs of the case if the court claim is dismissed or proceedings are terminated by an order, unless otherwise provided by the provisions of subsections (3)–(5) of this section.

 (3) In the case of a compromise, the parties bear their own costs of the case unless they agree otherwise.

 (4) If the claimant discontinues or withdraws the court claim, they bear the defendant's costs of the case, unless the claimant has discontinued or withdrawn the court claim because the defendant has provided satisfaction in respect of the claim after the court claim was filed.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (5) If the claimant discontinues or withdraws the court claim because the defendant has provided satisfaction in respect of the claimant's claim after the court claim was filed, the defendant bears the claimant's costs of the case.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (6) If the defendant admits the court claim immediately, the claimant bears the costs of the case unless the defendant has given reason for filing the court claim by his or her behaviour.

§ 169.  Costs of the case arising from delays in proceedings

 (1) A party to the proceedings who allows the term for performance of a procedural operation to expire or causes the changing of the time of performance of a procedural operation, 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, bears the additional costs of the case arising therefrom. Regardless of the outcome of proceedings, the costs caused by service of procedural documents may be imposed on a party to the proceedings, 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 that person.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (2) The costs of the case related to the reinstatement of a term, filing of a petition to set aside a default judgment or reopening of proceedings are borne by the person who files the petition for reinstatement of a term, for setting aside a default judgment or for reopening of proceedings regardless of whether or not the court claim is granted.

 (3) The costs of the case related to the filing and contestation of a petition which was denied or a statement or evidence which was disregarded may be imposed, regardless of the outcome of proceedings, on the party to the proceedings who submitted the petition, statement or evidence.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 170.  Costs related to preliminary collection of evidence

 (1) The court costs of preliminary collection of evidence organised for preliminary safeguarding of evidence or preliminary establishment of facts are borne by the person at whose request the proceedings were 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 preliminary collection of evidence are taken into consideration upon division of the costs of the main proceedings.

§ 171.  Specifications of covering costs of the case in higher court

 (1) The costs of the case caused by the filing of an appeal against a judgment or order, or of a petition for review, are borne by the person filing the appeal or petition if the appeal or petition is denied.

 (2) If the person who filed an appeal against a court decision or an interim appeal wins the case based on a new fact presented thereby although such fact could have been relied on already in the district 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 interim appeal.

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

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

§ 172.  Costs of the case in procedure for actions by petition

 (1) In procedure for actions by petition, the costs of the case are covered by the person in whose interests the decision is made. If several persons participate in proceedings conducted under the rules for actions by petition, the court may decide that all or a part of the costs of the case must be covered by a certain party to the proceedings if this is fair considering the circumstances, including if the party to the proceedings 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 proceedings or if the court does not impose the costs of the case on other parties to the proceedings, the costs of the case are borne by the petitioner, including the costs of the petitioner's representative, even if the petition is granted. If an interim appeal is granted, the statutory fee for the interim appeal against the order 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 placing a person in a closed institution and of related proceedings 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 costs of proceedings for the appointment of a guardian for a person or for revocation of such an appointment, or of proceedings for the application of measures related to guardianship, as well as of proceedings in a family matter dealt with under the rules for actions by petition and proceedings concerning imposition of a restraining order or other similar measure to protect personality rights must be borne by the state.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (4) In procedure for actions by 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 costs of proceedings for determination of the amount of compensation payable to the partners or 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 costs must be paid by the petitioner.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

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

 (7) If the court issues proceedings under the rules for actions by petition as a result of the operations or petition of a person, the court may decide that all or a part of the costs of the case must be paid by the person if proceedings are unfounded or were caused intentionally by the person or were due to the person's gross negligence. If initiation of proceedings are possible only based on a petition and the petition is denied, the court imposes the costs of the case on the petitioner, unless otherwise provided by law.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (8) In procedure for actions by petition, necessary extra-judicial costs are compensated to the parties to the proceedings 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 party to the proceedings. Covering of extra-judicial costs by the state may be decided only if financial aid 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]
[RT I, 03.05.2017, 22 – entry into force 02.05.2017 - Judgment of the Supreme Court en banc declares the third sentence of subsection 172 (8) of the Code of Civil Procedure to be in conflict with the Constitution and repealed in the part in which it does not allow the covering of extra-judicial costs by the state if a prohibition on business is not applied to the person to whom no financial aid was granted.]

 (9) The costs of expedited proceedings in a matter of the order for payment are borne by the debtor in the case of making an order for payment and in the case provided in § 488¹ of this Code; in other cases, such costs are borne by the petitioner unless otherwise provided by law. In all other respects, the provisions concerning costs of the case under the rules for actions by claim apply. If a matter of the order for payment is further dealt with under the rules for actions by claim, the costs of expedited proceedings in the case of the order for payment are included in the costs of the case for actions.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (10) The statutory fee payable upon filing a complaint against a decision of an enforcement agent and filing an application with the court for performance an official notarial operation is covered by the party to the proceedings against whom the decision is made.
[RT I 2010, 26, 128 – entry into force 14.06.2010]

Subchapter 5 Determination of Costs of the Case 

§ 173.  Determination of division of costs of the case in court decision

 (1) The court which dealt with the matter sets out the division of the costs of the case between the parties to the proceedings in the court judgment or in the order terminating proceedings, including in the order by which the court disposes of a petition to issue proceedings under the rules for actions by petition or a petition for review, or rejects, or dismisses, the court claim or a petition to issue proceedings, or petition for review, or terminates proceedings in the case. The next court to deal with the matter sets out in its decision the division of all costs of the case which have already been borne. If necessary, the special arrangements concerning the bearing of costs of the case in different court instances, including in pre-court proceedings, are set out.

 (2) The division of costs of the case shall be set out in the court decision even if the parties to the proceedings do not request it.

 (3) If a higher court amends a decision which has been made or makes a new decision without referring the matter to be considered anew, the court amends, where necessary, the division of costs of the case accordingly. If a higher court sets aside a decision of a lower court and refers the matter to be considered anew, including if the Supreme Court grants a petition for review, the higher court leaves the division of costs of the case to be decided by the lower court.

 (4) In the division of costs of the case, the court specifies which costs of the case are to be covered by each party to the proceedings, except for the amount of the costs in money. If necessary, the court determines a proportional division of the costs of the case between the parties to the proceedings. If several parties to the proceedings, primarily co-claimants or co-defendants, are ordered to cover costs of the case 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 costs of the case in an interim judgment, in a partial judgment with a reservation concerning set-off and in a judgment with a reservation concerning contestation in documentary proceedings if the court continues to deal with these matters in these cases. In such case the division of costs of the case is prescribed in the final judgment.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 174.  Competence of court upon determination of costs of the case

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

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

 (2) A district court determines the amount of costs of the case in money in a judgment or order which terminates proceedings unless determination of the costs of the case hinders the making of the judgment or the order which terminates proceedings.

 (3) If a district court determines the amount of costs of the case in a judgment or an order which terminates the proceedings and the judgment or the order which terminates the proceedings are appealed, the higher court which deals with the appeal determines the amount of costs of the case in that instance of court in money.

 (4) If the district court does not determine costs of the case in the judgment or order which terminates proceedings, the district court which resolved the civil matter determines the amount of costs of the case in money after entry into force of the judgment or order which terminates proceedings in accordance with the rules provided in subsection 177 (2) of this Code. When dealing with an appeal against a district court's judgment or order terminating proceedings, in which the district court did not determine costs of the case, the higher court does not determine the amount of costs of the case in money.

 (5) If a lower court determined the amount of costs of the case in money in a judgment or order which terminates proceedings and a higher court amends the decision which has been made or makes a new decision without referring the matter to be considered anew, the higher court amends, where necessary, the amount of costs of the case in money as determined by the lower court.

 (6) If a higher court sets aside a decision of a lower court in full or in part and refers the matter in the part set aside to be considered anew, including if the Supreme Court grants a petition for review, the amount of costs of the case in money in the part set aside are determined by the lower court that deals with the matter.

 (7) If a petition for review is denied, rejected or dismissed, or if proceedings are terminated, the amount of costs of the case in money is determined by the Supreme Court.

 (8) A court determines the amount of costs of the case in money pursuant to the provisions governing procedure for actions by petition, taking account of the specifications provided for in this Subchapter.

 (9) Compensation of costs of the case to a party to the proceedings is not precluded by the fact that these have been covered for the party to the proceedings by another person.

 (10) In order to be compensated for the value added tax on costs of the case, a party to the proceedings must confirm that the party to the proceedings is not a person liable to value added tax or cannot recover the value added tax on the incurred costs due to other reasons.

 (11) A party to the proceedings shall not file a claim against the party to the proceedings required to cover the costs of the case for compensation of costs, such as a claim for compensation for harm or similar, otherwise than in accordance with the rules provided for determination of costs of the case in accordance with this Code or to an extent which exceeds the amount determined in the proceedings.
[RT I, 21.05.2014, 1 – entry into force 01.01.2015]

 (12) If a European preservation order is applied for on the basis of Regulation (EU) No 655/2014 of the European Parliament and of the Council in the case specified in Article 5(b), the costs of conducting proceedings on the application for a European preservation order may be determined separately from determination of other costs of the case.
[RT I, 26.06.2017, 17 – entry into force 06.07.2017]

§ 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 costs of the case, a party to the proceedings is required to cover the costs related to a contractual representative who has represented another party to the proceedings, the court orders payment of the costs to a reasoned and necessary extent. A contractual representative is an attorney or another representative who represents a party to the proceedings pursuant to the provisions of § 218 of this Code.
[RT I, 21.05.2014, 1 – entry into force 01.01.2015]

 (1¹) If a party to the proceedings obligated to cover the costs related to the contractual representative who has represented another party to the proceedings in accordance with the division of costs of the case 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 party to the proceedings. The costs of advisers are not subject to compensation.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (3) The costs incurred by retaining 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) [Repealed – RT I, 09.04.2021, 1 – entry into force 19.04.2021]

 (4) [Void – RT I, 03.07.2014 – entry into force 26.06.2014 – subsection 4 of section 175 of the Code of Civil Procedure declared unconstitutional and void by order of the Supreme Court en banc ]

§ 176.  Submission and service of documents related to costs of the case

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

 (1) If a matter is considered at a court session, a list of costs of the case, 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 costs of the case in money. The court sets a term for submission of a list of costs of the case 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) Where a matter is dealt with by written procedure, the court sets a party to the proceedings a term for submission of a list of costs of the case before making the judgment or the order which terminates the proceeding.

 (3) For the purpose of determining costs of the case 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 costs of the case by the claimant to the court shall not exceed three working days after the court session.

 (4) A list of costs of the case is submitted in each court instance that deals with the matter in respect of the costs related to proceedings before that court instance.

 (5) A party to the proceedings shall confirm that all costs submitted to the court for the purpose of determining the money amount of costs of the case have been incurred in connection with proceedings before that court.

 (6) The court may set a party to the proceedings a term for specification of the costs of the case to be compensated for or require a party to the proceedings to submit documents in proof of the costs of the case. Documents in proof of the costs of the case need not be submitted without a demand of the court.

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

 (8) A court sets a party to the proceedings a term for submitting a position on the costs of the case of the opposing party. The term may not exceed seven days after service of the list of costs of the case and proof thereof.
[RT I, 21.05.2014, 1 – entry into force 01.01.2015]

§ 177.  Court decision on determination of costs of the case

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

 (1) A court determines the amount of costs of the case in money:
 1) in the judgment or order which terminates proceedings; or
 2) by an order made after the judgment adjudicating the civil matter on its merits or the order which terminates proceedings has entered into force.

 (2) If a court did not determine the amount of costs of the case in money in accordance with clause (1) 1) of this section, the district court which adjudicated the merits of the civil matter determines the amount of costs of the case in money by an order within a reasonable period of time after entry into force of the judgment or the order which terminates proceedings.

 (3) A court decision on determination of the amount of costs of the case in money is served on the parties to the proceedings.

 (4) Based on a request of a party to the proceedings, the court sets out in the court decision on determination of costs of the case 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 costs of the case to be compensated beginning from entry into force of the decision whereby the amount of costs of the case is determined until the date of compliance with such decision.

 (5) If a court has not taken a position on all the costs of the case that have been submitted or that are apparent from the materials of the matter, a party to the proceedings may request that the court supplement the judgment or order on costs of the case. Supplementing may be requested within ten days after the service of the judgment or order on determination of costs of the case.

 (6) If costs of the case are determined in the manner provided for in clause (1) 2) of this section, a court may determine the amount of costs of the case in money by an order 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 costs of the case in money to the extent indicated in the list of costs of the case. Subsection 448 (4¹) of this Code correspondingly applies to the supplementing of the order with the omitted part.
[RT I, 21.05.2014, 1 – entry into force 01.01.2015]

§ 178.  Contestation of determination of costs of the case

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

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

 (3) [Repealed – RT I, 02.02.2016, 7 – entry into force 01.02.2016 – by its judgment, the Supreme Court en banc declares subsection 3 of § 178 of the Code of Civil Procedure to be unconstitutional and void]

 (4) The costs incurred when contesting the determination of costs of the case are not subject to compensation.
[RT I, 21.05.2014, 1 – entry into force 01.01.2015]

§ 179.  Awarding and collection of costs of the case in favour of Republic of Estonia

 (1) Costs of the case which must be paid to the state and which do not arise from the state's participation in a proceeding as a party to the proceedings, including statutory fees which have not been paid or have been paid in an amount less than required or costs for financial aid ordered to be paid in favour of the state, are ordered by the court that deals with the matter to be paid by the obligated person in a decision made on the matter or by a separate order.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (2) After entry into force of the decision entered in the matter, payment of the costs specified in subsection 1 of this section may be awarded by order of the court in proceedings before which the costs arose or of the district court which dealt with the matter. An order 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 the costs of the case or the costs of financial aid 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 costs of the case or the Republic of Estonia through the agency designated by a directive of the minister responsible for the area may file an interim appeal of a district court or circuit court of appeal specified in subsections (1) and (2) of this section if the value of the appeal exceeds 64 euros. An order of a circuit court of appeal concerning an interim appeal of a district 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 costs of the case which do not arise from the state's participation in proceedings as a party to the proceedings or an order 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.

 (5¹) The costs of the case referred to in this section are paid and set off in accordance with the rules provided in the Taxation Act.
[RT I, 31.01.2014, 6 – entry into force 01.04.2014]

 (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 costs of the case which do not arise from the state's participation in proceedings as a party to the proceedings ordered to be paid in favour of the state by a court decision and the claim to comply with an order 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 costs of the case was ordered until the date of compliance with such decision. The court also set this out in the decision whereby payment of costs of the case is ordered.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

Subchapter 6 Grant by State of Financial aid for Covering Costs of the case 

§ 180.  Grant by state of financial aid for covering costs of the case

 (1) Financial aid means provision of funding by the State towards covering the costs of the case. At the request of a person (hereinafter recipient of financial aid), the court may order that, as financial aid, a recipient of financial aid:
 1) is released, in part or in full, from payment of the statutory fee or deposit fee, or from covering other court costs or the costs of translating procedural documents or the court decision,
 2) may pay the statutory fee or deposit fee, or other court 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 attorney appointed by way of financial aid or is not required to pay it immediately or in full;
 4) is exempted, if the recipient of financial aid is a claimant, from all or a part of the costs related to enforcement proceedings on account of the Republic of Estonia or the costs of service of procedural documents through an enforcement agent in proceedings before the court, or payment of such costs in instalments is prescribed within a term provided by the court;
 5) is exempted 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 exempted, in part or in full, from payment of expenses related to mandatory pre-court 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 exempted 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 financial aid in Estonia, a party to the proceedings 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 exempted, 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 financial aid, 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 financial aid in Estonia, a party to the proceedings 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 related to the proceedings, or he or she may be ordered to pay such costs in instalments, provided that the need for the party to the proceedings to be present in person is provided by law or the court deems it necessary.

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

§ 181.  Conditions for grant of financial aid

 (1) Financial aid is granted to the person requesting financial aid if:
 1) the person requesting financial aid is unable to pay the costs of the case due to his or her financial situation or is able to pay such costs only in part or in instalments; and
 2) there is sufficient reason to believe that the intended participation in proceedings 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 financial aid 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 financial aid 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 financial aid if the person's participation in proceedings are 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, when considering an application for financial aid, it appears that there are no grounds for granting financial aid due to the financial situation of the applicant, but the court finds that payment of the entire payable statutory 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 financial aid that the statutory 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) Financial aid is not granted to a petitioner in expedited proceedings for an order for payment or for payment of a statutory 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 proceedings are not evaluated upon requesting financial aid for translation of a procedural document or court decision. Financial aid is not granted for the translation of procedural documents other than a court decision if a person is represented in proceedings by a representative.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 182.  Restrictions upon grant of financial aid to natural persons

 (1) Financial aid is granted to a party to the proceedings who is a natural person and who, at the time of filing the petition for grant of financial aid, 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 Subchapter, residence is determined on the basis of Article 62 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council. Other parties to the proceedings who are natural persons are granted financial aid only if this arises from an international agreement.
[RT I, 31.12.2014, 1 – entry into force 10.01.2015]

 (2) Financial aid is not granted to a natural person if:
 1) the costs of the case are not presumed to exceed twice the average monthly income of the person requesting financial aid 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 financial aid is able to cover the costs of the case 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) proceedings relate to the economic or professional activity of the person requesting financial aid and do not concern 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 – by its judgment, the Constitutional Review Chamber of the Supreme Court declares clause 3 of subsection 2 of § 182 of the Code of Civil Procedure to be unconstitutional and void insofar as it excludes the provision, to natural persons, in proceedings which concern their economic or professional activity and are not related to their rights that are not connected to such activity, financial aid in the form of a partial or full exemption from being required to pay the statutory fee on applying to the court for relief.]
[RT I, 21.04.2011, 17 – entry into force 14.04.2011 - by its judgment, the Supreme Court en banc declares clause 3 of subsection 2 of § 182 of the Code of Civil Procedure to be unconstitutional and void insofar as it excludes the provision, to natural persons, in proceedings which concern their economic or professional activity and are not related to their rights that are not connected to such activity, financial aid in the form of a partial or full exemption from being required to pay the statutory fee on filing an appeal.]

 (2¹) In the case of clauses (2) 1) and 2) of this section, the costs of the case which may arise upon appealing against a decision made in the proceedings 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 costs of the case.
[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 financial aid if the person requesting financial aid has residence in another Member State of the European Union and proves that he or she is unable to cover the costs of the case immediately or in full due to the cost of subsistence in the state of residence which is higher than in Estonia.

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

§ 183.  Restrictions upon grant of financial aid 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 financial aid in order to achieve their objectives, provided that the applicants substantiate that they are applying for financial aid in the field of environmental or consumer protection or taking account of another predominant public interest in order to prevent possible harm 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 financial aid only on the basis of an international agreement.
[RT I, 21.04.2011, 16 – entry into force 12.04.2011 Judgment of the Supreme Court en banc declares the first sentence of subsection 1 of § 183 of the Code of Civil Procedure to be unconstitutional and invalid insofar as it excludes the provision, to Estonian legal persons in private law who do not meet the criteria stated in this provision, of financial aid in the form of a partial or full exemption from being required to pay the statutory fee on the filing of an appeal in a civil case.]

 (2) An Estonian bankruptcy debtor may apply for the grant of financial aid towards bearing the costs of the case if such costs cannot be borne, or if it would not be justified to cover them, out of the estate administrated by the trustee in bankruptcy, and if any persons who have a pecuniary interest in the case – including, among others, any heirs, members, partners or shareholders, or members of a directing body, of the bankruptcy debtor, or bankruptcy creditors – cannot be presumed to bear the costs. The amount of financial aid which is granted for covering the fee and the costs of an interim trustee or of the trustee in bankruptcy and which the bankruptcy debtor will not be ordered to repay into the revenue of the State, may not exceed, for a single set of bankruptcy proceedings, two times the minimum monthly salary enacted under subsection 5 of § 29 of the Employment Contracts Act, including taxes prescribed by law, except for value-added tax.
[RT I, 04.01.2021, 4 – entry into force 01.02.2021]

 (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 operation 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 financial aid and continued provision of financial aid

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

 (2) An application for financial aid for covering the costs arising in enforcement proceedings is filed with the court which would deal with a complaint against the court claim of an enforcement agent organising the enforcement proceeding, and an application for financial aid for covering the costs arising from pre-court proceedings are filed with the court within the territorial jurisdiction of which the pre-court proceedings takes place.

 (3) The court specified in subsections (1) and (2) of this section is also the authority receiving applications for financial aid 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 party to the proceedings has been granted financial aid and the person files an appeal against a court decision, the provision of financial aid is presumed to continue in every following court instance. However, when accepting an appeal, the court verifies whether there is sufficient reason to presume that the intended participation in proceedings will be successful and that the participation in proceedings are clearly not unreasonable and the court has the right to verify in every court instance whether the economic prerequisites for the grant of financial aid have been complied with. The success or reasonableness of participation in proceedings are not verified if the court decision has already been appealed by another party to the proceedings 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 financial aid 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 things, to request information on the financial situation or solvency of the recipient of financial aid 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 financial aid in proceedings of the matter also requests financial aid for covering the costs of enforcement proceedings, the court need not verify additionally whether the economic prerequisites for the grant of financial aid have been complied with. The court shall verify the existence of all the prerequisites for the grant of financial aid if financial aid is requested later than within one year after entry into force of the decision made in the proceedings.

§ 185.  Content of application for financial aid

 (1) An application for financial aid sets out:
 1) proceedings for which financial aid is requested;
 2) the status or desired status of the applicant in proceedings 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 financial aid may be decided without the statement.

 (4) An applicant who is a legal person appends to the application for financial aid, 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 financial aid 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 financial aid and statement shall be freely accessible to everybody on the website of the Ministry of Justice as well as in each court and attorney'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 financial aid is submitted in Estonian. An application may also be submitted in English if financial aid 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 financial aid 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 financial aid applies for financial aid 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 financial aid, 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 financial aid 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 financial aid 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.  Resolution of application for financial aid

 (1) An application for financial aid is resolved by an order. Where necessary, the court may seek the position of other parties to the proceedings before resolving the application.

 (2) The court sends a transcript of an order on grant of financial aid 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 financial aid was forwarded to the court by an agency of another Member State of the European Union which is competent to forward applications for financial aid, the court sends a transcript of the order made concerning the grant of financial aid also to such agency.

 (4) An application for financial aid may also be resolved by an assistant judge.
[RT I 2005, 39, 308 – entry into force 01.01.2006]

 (5) An application for the grant of financial aid 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 a court claim, appeal or petition after resolving the application for the grant of financial aid if the application for the grant of financial aid 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 financial aid shall, within the term, also perform the procedural operation for which financial aid is requested, above all, file an appeal. A reasonable term for substantiation of the appeal or payment of the statutory fee or correction of such a omission in the appeal which is related to the request for financial aid is set by the court after resolving the application for financial aid if the specified application was not submitted without good reason or for the purpose of extending the term. This does not preclude the reinstatement 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 financial aid, the court has ordered payment of costs of the case in instalments, the court suspends payment of the instalments by an order, 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 financial aid cover the costs of the case;
[RT I 2008, 59, 330 – entry into force 01.01.2009]
 2) a decision on the basis of which the costs of the case must be paid by another party to the proceedings enters in force.

 (2) The court does not suspend payment of the instalments pursuant to clause (1) 2) of this section if the party to the proceedings who is obligated to cover the costs of the case based on a court decision has also been granted financial aid for covering costs of the case, or if it is evident, due to another reason, that such party to the proceedings is not able to cover the costs.

 (3) The court may amend the size and term for payment of the instalments of costs of the case by an order if the financial situation of the recipient of financial aid has changed significantly. If the court so requests, the recipient of financial aid 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 things, to request information on the financial situation or solvency of the recipient of financial aid 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 financial aid, changes due to legal succession, including if the claimant who has received financial aid assigns the claim for the filing of which he or she has received financial aid and the legal successor is not entitled to financial aid to the same extent.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 189.  Revocation of grant of financial aid

 (1) The court may revoke the grant of financial aid if:
 1) the recipient of financial aid has provided incorrect information in the application for financial aid;
 2) the conditions for receipt of financial aid did not exist or have ceased to exist, including if the person, who is the recipient of financial aid, changes due to legal succession and the legal successor is not entitled to receive financial aid;
[RT I 2008, 59, 330 – entry into force 01.01.2009]
 3) the recipient of financial aid has not paid the instalments ordered by the court for a period of more than three months;
 4) the recipient of financial aid 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 financial aid, the party to the proceedings who received financial aid covers the costs of the case thereof to the full extent.

§ 190.  Grant of financial aid and division of costs of the case

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

 (2) The party to the proceedings against whom a decision is made covers the costs of the case thereof to the full extent also if the party to the proceedings is released from payment of costs of the case or the party to the proceedings has been granted financial aid for covering the costs of the case.

 (3) If a court claim is granted, the court orders payment into the public revenues by the defendant, in proportion to the part of the court claim which is granted, of the costs of the case from the covering of which the claimant was released or which the claimant was allowed to pay in instalments, regardless of whether the defendant received financial aid for covering costs of the case. The same applies to the grant of financial aid to a thrid party participating in proceedings in support of the claimant if the court claim is granted.

 (4) If the claimant, or a third party participating in proceedings in support thereof, or the petitioner in proceedings conducted under the rules for actions by petition received financial aid for covering costs of the case and the court claim or petition is denied or dismissed or proceedings in the case are terminated, such person is ordered to pay costs of the case into the state revenues to the full extent. If the claimant discontinues or withdraws a court claim because the defendant provided satisfaction in respect of the claim after the court claim was filed, the provisions of subsection 3 of this section apply.

 (5) If the defendant or a third party participating in proceedings in support thereof received financial aid for covering costs of the case and the court claim is granted, such person is ordered to pay costs of the case into the state revenues to the full extent. If the court claim is denied or dismissed or proceedings in the case are terminated, the court orders payment into the public revenues by the claimant, in proportion to the part of the court claim which was denied, of the costs of the case, from the payment of which the defendant or a third party participating in proceedings in support thereof has been released or which the defendant or a third party participating in proceedings in support thereof was allowed to pay in instalments, regardless of whether the claimant received financial aid for covering costs of the case.

 (6) If a party to the proceedings was granted financial aid for covering costs of the case in proceedings conducted under the rules for actions by petition, the court may order payment of the costs of the case into the state revenues by another party to the proceedings 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 the costs 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 costs of the case 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 party to the proceedings was granted financial aid, including state legal aid, in proceedings 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 costs of the case 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 order on financial aid

 (1) An applicant for or recipient of financial aid 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 interim appeal of a district court or circuit court of appeal on grant of or denial financial aid, or an order on amendment or revocation of either of the above orders. An order of a circuit court of appeal concerning an interim appeal of a district court is not subject to appeal to the Supreme Court.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (2) An order on financial aid is not subject to appeal if the court decision made in the civil matter has entered into force.

 (3) The costs related to proceedings on interim appeal against the order are not subject to compensation.

 (4) The provisions of § 179 of this Code apply to the orders which are referred to in subsections 190 (3)–(6) of this Code and by which a party to the proceedings is directed to pay costs of the case into state revenues, and to the filing of appeals against such orders.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 192.  Grant of financial aid for proceedings conducted in other Member States of European Union

  Financial aid for ensuring legal aid by an attorney 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 District court in the case of proceedings conducted in another Member State of the European Union.

§ 193.  Intermediation of applications for grant of financial aid to other Member States of European Union

 (1) A person entitled to receive financial aid pursuant to the provisions of this Subchapter may apply, by the intermediation of Harju District court, for the grant of financial aid in other proceedings conducted in another Member State of the European Union.

 (2) For the purpose of forwarding an application for financial aid, 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 financial aid 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 financial aid upon applying for financial aid 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 dealing with 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 resolves an application for forwarding an application for financial aid under procedure for actions by petition. The court may make a reasoned order on refusal to forward an application for financial aid 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 financial aid 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 financial aid is not subject to a statutory fee. If an application for financial aid is denied, the court may order, by an order, payment of other costs of the case 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 interim appeal on refusal to forward the application. An order made by a circuit court of appeal concerning an interim appeal 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 financial aid 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 financial aid 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 financial aid 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 DEPOSIT FEE 

§ 194.  Manner of provision of deposit fee and amount of deposit fee

 (1) If law prescribes the obligation of a party to provide a deposit fee, the court determines the manner of providing the deposit fee and the amount thereof. If the court has failed to do so and the parties have not agreed otherwise, a deposit fee 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 deposit fee. Securities are accepted as a deposit fee 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 deposit fee

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

 (2) Before making an order, the court sends the petition for the return of deposit fee to the party for whose benefit the deposit fee was provided for obtaining the position thereof.

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

§ 196.  Provision of deposit fee for covering costs of the case

 (1) In a court claim, the court may require at the request of the defendant that the claimant provide a deposit fee to cover the expected costs of the case of the defendant if:
 1) the claimant 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 claimant 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 claimant's economic situation or for another reason, collection of the expected costs of the case of the defendant is clearly impracticable and, above all, in the cases where the claimant has been declared bankrupt, bankruptcy proceedings have been initiated against the claimant or if, within the year prior to the filing of the court claim, enforcement proceedings have been conducted in respect of the claimant's property without satisfaction being provided to the claim filed in the enforcement proceedings.

 (2) The court has no right to require the provision of a deposit fee from the claimant if the claimant has sufficient assets in Estonia to cover the costs of the case 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 deposit fee by the claimant if:
 1) based on an international agreement, a deposit fee cannot be demanded;
 2) the decision on compensation of the costs of the case to the defendant is subject to enforcement in the country of residence or seat of the claimant.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

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

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

 (4) The claimant may file an interim appeal against the order of the district court or circuit court of appeal which ordered the provision of a deposit fee. An order of a circuit court of appeal concerning an interim appeal of a district court is not subject to appeal to the Supreme Court.

§ 197.  Setting of term for provision of deposit fee

  In the case specified in § 196 of this Code, the court sets the claimant a term for the provision of a deposit fee to cover the expected costs of the case of the defendant. If the claimant fails to provide a deposit fee within such term, the court dismisses the court claim at the request of the defendant.

Part 4 PARTIES TO THE PROCEEDINGS AND THEIR REPRESENTATIVES 

Chapter 20 GENERAL PROVISIONS 

§ 198.  Parties to the proceedings

 (1) The following are parties to the proceedings:
 1) under the procedure for actions by claim – the principal parties and any third parties;
 2) under the procedure for actions by 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 party to the proceedings.

 (3) In procedure for actions by petition, the court joins the parties to the proceedings at its own initiative. It is presumed that parties to the proceedings are the persons who are entitled by law to appeal the order made in proceedings conducted under the rules for actions by petition. A person is not a party to the proceedings 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 to provide a position in the proceedings if this is necessary in the opinion of the court for a just resolution of the matter.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 199.  Rights of parties to the proceedings

 (1) The parties to the proceedings 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 parties to the proceedings;
 7) submit questions to other parties to the proceedings, witnesses and experts;
 8) receive authenticated transcripts of judgments prepared as documents.

 (2) The parties to the proceedings also have other procedural rights provided for in this Code.

§ 200.  Obligations of parties to the proceedings

 (1) A party to the proceedings is required to exercise the procedural rights in good faith.

 (2) A court does not allow the parties to the proceedings, their representatives or advisers to abuse their rights, delay proceedings 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) During proceedings before the court, a party to the proceedings and a representative thereof shall immediately inform the court and other parties to the proceedings of any changes, including temporary ones, to the address or telecommunications numbers thereof.
[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 proceedings beside 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 proceedings by his or her guardian, the represented person is deemed to have no active civil procedural legal capacity.

 (4) In proceedings 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 proceedings for placing a person in a closed institution, the person has active civil procedural legal capacity regardless of whether he or she has active legal capacity, provided he or she is at least 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 parties to the proceedings and in the case of absence thereof does not permit the person to participate in the proceedings.

 (2) If the court has doubts regarding the active civil procedural legal capacity of a party to the proceedings 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 proceedings for appointing a guardian for the party to the proceedings. If initiation of proceedings for appointment of a guardian for a claimant, petitioner or appellant is impossible, the court dismisses the petition or appeal.

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

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

Chapter 21 PARTIES 

§ 205.  Parties

 (1) The parties to proceedings before the civil courts are the claimant and the defendant.

 (2) The claimant is a person who has made a court claim. The defendant is a person against whom a court claim is made.

§ 206.  Rights of parties

 (1) In addition to the rights of a party to the proceedings, a claimant has the right to amend the cause or object of a court claim, increase or decrease a claim or discontinue a court claim, 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. In procedure for actions by petition, this right is vested in parties to the proceedings.

§ 207.  Participation of several claimants or defendants in the proceedings

 (1) Several persons may file a joint court claim and a court claim may be filed jointly against several defendants if:
 1) the subject matter of proceedings 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 proceedings.

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

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

§ 208.  Substitution and joinder of defendant

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

 (2) If a claimant finds that the court claim 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, join such persons to the proceedings as defendants at the request of the claimant.

 (3) Following the substitution or joinder of a defendant, the claimant 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 joinder of a defendant, consideration of the matter commences from the beginning.

§ 209.  Legal succession in proceedings

 (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 proceedings.

 (2) Any procedural operations performed prior to the entry of a universal successor in proceedings 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 a court claim and the conduct of proceedings in a court claim 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 proceedings 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 claimant 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 claimant that the claimant 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 thrid party 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 proceedings 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 proceedings but, regardless of being served the request by the court, the legal successor fails to enter proceedings, 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 claimant, the defendant may submit an objection against the claimant that the claimant 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 claimant and defendant, the third party may file a court claim in the same proceeding against both parties before the hearing of the matter on the merits at a district court ends.

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

§ 213.  Third party without independent claim

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

 (2) A third party without an independent claim may enter or be joined to the proceedings at all stages of such proceedings in every court instance until the time the judgment enters into effect. A third party without an independent claim may also enter proceedings by filing an appeal against a court decision. In such case, the joinder of the person is resolved simultaneously with resolving the acceptance of the appeal.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 214.  Consequences of entry or joinder to the proceedings of a third party without an independent claim

 (1) Procedural operations performed before the entry or joinder to the proceedings 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 operations except the acts which can be performed only by the claimant or the defendant, among other things, a third party without an independent claim may file an appeal against a decision made in the matter. A petition, appeal or another procedural operation made by a third party without an independent claim has legal effect only if it is not contrary to a petition, appeal or operation of the claimant or the defendant in whose support the third party is participating in proceedings. The same term for filing an appeal or making another procedural operation applies to a third party as applies to the claimant or the defendant in whose support the third party is participating in proceedings, unless otherwise provided by law.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (3) In proceedings to follow, a third party without an independent claim has no right to rely, in respect of the claimant or defendant in whose support the third party entered or was involved in proceedings, on an allegation that the conclusion of the decision made in proceedings are 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 proceedings conducted before, the third party also has the right to submit objections submitted thereby in proceedings 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 proceedings too late, or that the third party could not submit them due to the petitions or acts of the claimant or defendant in whose support the third party participated in the proceeding. The third party may also submit an objection that the claimant 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 proceedings of third party without independent claim

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

 (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 proceedings.

 (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 grants the petition of a third party without an independent claim and allows the third party to enter proceedings 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 proceedings without good reason, the court may remove the third party from proceedings by order.

 (6) An order whereby the court permits a third party to enter proceedings, refuses to give such permission or removes a third party from proceedings is subject to appeal by the parties or the third party. An order of a circuit court of appeal concerning an interim appeal of a district court is not subject to appeal to the Supreme Court.

§ 216.  Joinder of a third party

 (1) A party who, upon adjudication of the case against them, 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 harm 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 case in order to involve the third party in the proceedings.
[RT I, 29.06.2012, 3 – entry into force 01.01.2013]

 (1¹) After the end of pre-trial proceedings, a petition for joinder of a third party in proceedings may be filed only with the consent of other parties to the proceedings or the court. After the end of pre-trial proceedings, the court consents to join 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 the joinder 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 claimant or the defendant sets out:
 1) the name of the third party;
 2) the content and stage of proceedings;
 3) the reason and grounds for involving the third party in proceedings.

 (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 an order. A third party is deemed to be involved in proceedings in support of the party who involved the third party as of the date on which the order to involve the third party was served on the third party.

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

 (6) An order whereby the court involves or refuses to involve a third party in proceedings, or removes such party from proceedings are subject to appeal by the parties or the third party. An order of a circuit court of appeal concerning an interim appeal of a district court is not subject to appeal to the Supreme Court.

Chapter 23 REPRESENTATION 

§ 217.  Representation in court

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

 (2) Personal participation in a matter does not deprive a party to the proceedings 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 party to the proceedings with active civil procedural legal capacity.

 (3) A party to the proceedings 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 party to the proceedings whom he or she represents. A procedural operation performed by a representative is deemed to have been performed by the party to the proceedings who is represented. This applies to admitting a fact or another statement in so far as the party to the proceedings 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 party to the proceedings.

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

 (8) If the court finds that a natural person who is a party to the proceedings 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 attorney, 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 attorney;
 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 party to the proceedings;
 4) one claimant based on the authorisation of the co-claimants or one defendant based on the authorisation of the co-defendants;
 5) an ascendant, descendant or spouse of a party to the proceedings;
 6) another person whose right to act as a contractual representative is provided by law.

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

 (3) In a court claim in the Supreme Court, a party to the proceedings may perform procedural operations and file petitions and applications only through a attorney-at-law. In procedure for actions by petition in the Supreme Court, a party to the proceedings may perform procedural operations and file petitions and applications personally or through an attorney.

 (4) In a court claim in the Supreme Court a party to the proceedings may personally file an application for being granted financial aid and likewise present positions on and objections to appeals or other petitions of another party to the proceedings. A party to the proceedings may present positions in a session of the Supreme Court together with a attorney-at-law.
[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 attorney-at-law. A bankrupt may also be represented in a court claim in the Supreme Court by the trustee in bankruptcy. A party to the proceedings may be represented in procedure for actions by petition in the Supreme Court by a notary in accordance with the rules provided in § 30 of the Notaries Act.
[RT I 2008, 59, 330 – entry into force 01.01.2009]
[RT I, 29.06.2014, 109 – entry into force 01.07.2014, the phrase ‘minister responsible for the area’ substituted for the phrase ‘the Minister of Justice’ on the basis of subsection 4 of section 107³ of the Government of the Republic Act]

§ 219.  Representative appointed by court

 (1) If a petition is filed by a person without active civil procedural legal capacity or a court claim is made 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 proceedings if prevention of the participation of the party in proceedings 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 an order made for appointment of a representative to such person may be set aside if the person is represented by an attorney 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 proceedings are terminated, or at the time of discharge of proceedings 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, in accordance with the rules provided by the State Legal Aid Act, an attorney to represent the person in order to protect his or her interests. The name of the attorney is specified to the court by the Estonian Bar Association which also guarantees his or her attendance at proceedings. Upon appointment of an attorney, the court does not additionally check the existence of the prerequisites for the receipt of state legal aid.

 (6) An attorney appointed by the court is remunerated by the state to the extent and in accordance with the rules provided by the State Legal Aid Act. A person for the protection of whose interests an attorney was appointed may be required to return to the state any payment already made to the attorney if the person fails to protect his or her interests in court in a reasonable manner other than through a court-appointed representative, or for another good reason. The above does not release a party to the proceedings from the payment of costs of the case if the party to the proceedings is required to pay such costs based on the court decision.

 (7) In order to protect a person's interests in proceedings, the court may appoint a person other than an attorney 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 party to the proceedings required to pay costs of the case based on the court decision.

§ 220.  Representation of Republic of Estonia as a party to the proceedings

 (1) In a court claim made against the Republic of Estonia arising from the activity of an executive authority, or when the Republic of Estonia is joined to proceedings as a third party, or upon participation of the Republic of Estonia in proceedings conducted under the rules for actions by 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 proceedings belongs. If the petition pertains to the performance of the duties by the Government Office, the Republic of Estonia is represented by the Government Office.
[RT I, 04.07.2017, 1 – entry into force 01.01.2018]

 (2) In a court claim made 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 proceedings before any court.

 (4) The court sends a statement of claim filed against the Republic of Estonia or a petition for joinder 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 operations 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 court claim;
 4) admit the claim;
 5) amend the cause or object of the court claim;
 6) file a counterclaim;
 7) participate in proceedings conducted on the court claim brought by 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 them at the interim protection of the claim and in enforcement proceedings;
 12) receive costs of the case 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 party to the proceedings 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 party to the proceedings apply with regard to the court and other parties to the proceedings only to the extent to which they concern the right to settle the case by judicial compromise, discontinue the court claim or admit the claim, provided that the court and parties to the proceedings have been informed of the restrictions.

§ 224.  Right of representation of several contractual representatives

  If a party to the proceedings has several contractual representatives, every representative has the right to separately represent the party to the proceedings. If the scope of the right of representation has been determined differently, this does not apply with regard to the court or the other parties to the proceedings.

§ 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 attorney also terminates as of the time the opposing party and the court are notified of the appointment of a new attorney.

 (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 proceedings, 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 proceedings in the capacity of a representative. A party to the proceedings has the right to demand, in every court instance and at any stage of the proceedings, verification of the right of representation of the representatives of the other parties to the proceedings. Attorneys are presumed to have the right of representation.

 (2) If the absence of the right of representation is established, the court may:
 1) dismiss the court claim if the person who submitted the statement of claim on behalf of the claimant had no right of representation upon filing the court claim;
 2) make a judgment if this is possible pursuant to law;
 3) remove, by an order, the person without the right of representation from proceedings, provided that the party to the proceedings has several representatives;
 4) permit the representative to participate in proceedings pursuant to § 227 of this Code;
 5) postpone the hearing of the matter.

 (3) If, during proceedings, a representative is found to have no right of representation but the court claim was filed correctly, the party to the proceedings represented is deemed not to have participated in proceedings to the extent to which such person was represented without the right of representation, unless the party to the proceedings subsequently ratifies the procedural operations 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 a court claim on behalf of the claimant is filed by a person who does not prove his or her right of representation, the court does not serve the court claim on the defendant before the right of representation has been certified.

 (2) If a representative of a party to the proceedings is unable to prove his or her right of representation in court but claims that provision of the relevant proof will be possible at a later time, the court may postpone the hearing of the matter or permit the person to temporarily participate in proceedings 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 proceedings as a representative, the court sets such person a term for certification of his or her right of representation and may require a deposit fee from such person in order to cover for the costs of the case and any costs or harm which may arise to other parties to the proceedings.

 (4) If a person without a right of representation is permitted to enter proceedings, the court may make a judgment or an order on termination of proceedings only after provision of proof of the right of representation, submission of ratification of unauthorised representation or expiry of the term set by the court for the provision or submission.

 (5) If a person who appears on behalf of the claimant has not proved his or her right of representation or submitted a ratification within the term set by the court, the court dismisses the court claim if the other prerequisites for dismissal are fulfilled. If a person who appears on behalf of the defendant has not proved his or her right of representation or submitted a ratification 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 party to the proceedings has not proved his or her right of representation or submitted a ratification within the term set by the court, the court dismisses the appeal if the other prerequisites for dismissal are fulfilled.

 (6) By the decision referred to in subsection 5 of this section, the court awards, from the person without the right of representation, the costs which the other parties incurred as a result of permitting the person without the right of representation to enter proceedings, to the other parties to the proceedings. This does not preclude or restrict the right of the parties to the proceedings to demand compensation for harm to the extent by which such harm exceeds the costs.

 (7) Procedural operations performed on behalf of a party to the proceedings are also deemed to be valid if the party to the proceedings granted the right of representation to the representative by means other than a written, notarially certified or authenticated document, or if the party to the proceedings ratifies, expressly or tacitly, the participation of the representative in the proceedings. It is presumed that a party to the proceedings has ratified the authority of a person who represented him or her in proceedings if the party to the proceedings subsequently grants the authority to the representative.

§ 228.  Adviser

 (1) A party to the proceedings may use a person with active civil procedural legal capacity as an adviser in proceedings.

 (2) An adviser may appear in the court session together with the party to the proceedings and provide explanations. An adviser cannot perform procedural operations 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 party to the proceedings unless the party to the proceedings 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, in accordance with the rules provided by law, ascertains the presence or absence of circumstances on which the claims and objections of the parties are based, as well as other facts relevant to the just adjudication of the matter.

 (2) Evidence may be the testimony of a witness, statements of parties to the proceedings given under oath, documentary evidence, physical evidence, inspection or an expert opinion. In procedure for actions by petition the court may also deem other means of proof, including a statement of a party to the proceedings 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) Under the rules for actions by claim, unless otherwise provided by law, each party shall prove the facts on which their claims and objections are based. 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 parties to the proceedings. The court may propose to the parties to the proceedings 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 in proceedings conducted under the rules for actions by 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 proceedings 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 party to the proceedings is proven considering, among other things, 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 proceedings, 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 harm according to the conscience of the court and taking account of all facts if causing of harm has been established in proceedings but the exact amount of the harm cannot be established or establishment thereof would involve major difficulties or unreasonably high costs, including if the harm is non-patrimonial.

 (2) The provisions of subsection 1 of this section also apply to other pecuniary 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 party to the proceedings requesting the court to evaluate an allegation of the party to the proceedings based on the receipt and examination of the evidence indicated in the request.

 (2) If a party to the proceedings wishing to provide evidence is unable to do so, the party to the proceedings 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 proceedings.

 (3) A party to the proceedings who provides evidence or requests the taking of evidence must substantiate which facts relevant to the matter the party to the proceedings 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 parties to the proceedings 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 party to the proceedings for taking of evidence is denied due to the failure of the party to pay the costs related to the taking of evidence in advance notwithstanding the demand of the court, the party does not have the right to request the taking of evidence later if granting 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, when dealing with 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 things, 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 party to the proceedings 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 order 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 when 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) Where, in order to examine certain evidence, the evidence needs to be taken, the taking of evidence is arranged by a court order which is communicated to the parties to the proceedings. Before the order is made, the court hears the person from whom the court is requested to take evidence, if that person requests this. If evidence has to be taken outside of the territorial jurisdiction of the court conducting proceedings in a matter, the court considering the matter may make an order for performance, by letter of request, of a procedural operation by the court within the territorial jurisdiction of which the evidence can be taken. An order 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, 26.05.2017, 1 – entry into force 05.06.2017]

 (2) The court, including the court conducting proceedings in a matter based on a letter of request, may, if necessary, amend the order on the taking of evidence. The parties to the proceedings are given an opportunity to provide their opinion before amendment of the order, if this is possible. The parties to the proceedings are informed, without delay, of amendment of the order on the taking of evidence.

§ 240.  Rules for compliance with letter of request

 (1) A letter of request is complied with in accordance with the rules established for performance of the procedural operation applied for in the letter of request. The parties to the proceedings are notified of the time and place of the procedural operation; however, the absence of a party to the proceedings does not prevent compliance with the letter of request.

 (2) Minutes of procedural operations and evidence taken upon compliance with a letter of request are sent promptly to the court considering the matter.

 (3) If, in the course of the taking of evidence by the court conducting proceedings in the case on the basis of a letter of request, a dispute arises which may not be resolved by that court but continuation of the taking of evidence depends on the resolution of the dispute, the court conducting proceedings in the main case resolves 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 parties to the proceedings 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 proceedings before the civil courts of Estonia unless the procedural operations 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 in accordance with the rules 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, with the assistance of a court of the other state or directly.

 (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 parties to the proceedings, 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 dealing with 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 Estonia 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 the evidence at first hand and evaluates it when making the decision.

 (2) The court determines the sequence of examination of evidence in a court session after hearing the opinions of the parties to the proceedings.

 (3) The parties to the proceedings have the right to attend the examination of evidence in court sessions. Absence of a party to the proceedings 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 party to the proceedings who was absent from a court session in which the evidence was examined if the party to the proceedings 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 considering the matter. The parties to the proceedings may provide an opinion concerning the taking of evidence.

 (6) Evidence taken and the minutes of procedural operations performed outside of a court session are made public in a court session and communicated to the experts and witnesses as necessary. Thereafter the parties to the proceedings may give statements with regard to such evidence.

Chapter 26 PROCEDURE FOR PRELIMINARY COLLECTION OF EVIDENCE TO PRESERVE THE EVIDENCE AND TO ESTABLISH FACTS BEFORE INSTITUTION OF PROCEEDINGS 

§ 244.  Preliminary collection of evidence

 (1) Proceedings for preliminary collection of evidence may, at the request of a party, be arranged by the court by order during court proceedings or, where valid reasons are present, also before proceedings are initiated, provided the opposing party agrees to this or provided it may be presumed that evidence could go missing or that later use of the evidence would involve difficulties. The court also initiates proceedings for preliminary collection of evidence in order to preserve the evidence if a person substantiates that their copyright and related rights, or industrial property rights have been infringed, or that a risk of infringement exists.

 (2) Under the procedure for preliminary collection of evidence, inspections may be arranged, witnesses may be heard, and expert assessments and other procedural operations may be conducted. If preliminary collection of evidence is initiated in order to safeguard evidence due to an infringement or risk of infringement of copyright and related rights or of industrial property rights, the court may, among other things, arrange the inspection and recording of a detailed description of samples with or without storing the samples, or attach the infringing goods, or the raw materials, equipment and related documents necessary for the production or marketing of the goods in accordance with the rules for interim protection of the claim.

 (3) Before the beginning of proceedings, a person may request that the court order expert assessment in proceedings for preliminary collection 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 harm or for the defect of an object;
 3) the costs or measures for elimination of harm 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 submission and taking of evidence also apply to the procedure for preliminary collection of evidence unless this Chapter provides otherwise.

§ 245.  Application for initiation of proceedings for preliminary collection of evidence

 (1) If court proceedings have been instituted in a civil matter, the application for initiation of proceedings for preliminary collection of evidence is filed with the court which deals with the matter.

 (2) If proceedings have not been instituted, the application is filed with the court which, according to the applicant’s submissions, is competent to hear the main case. If proceedings for preliminary collection of evidence are followed by court proceedings, the applicant may not rely on the fact that the matter does not actually belong within the jurisdiction of that court.

 (3) The application may also be filed, with good reason, with the district 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 proceedings for preliminary collection of evidence

 (1) An application for initiation of preliminary collection of evidence shall set out the following information:
 1) the names, addresses and telecommunications numbers of the parties to the proceedings or the persons presumed to be the parties to the proceedings;
 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 proceedings for preliminary collection of evidence and which substantiate jurisdiction in the matter.

 (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 preliminary collection of evidence

 (1) The court resolves an application for initiation of preliminary collection of evidence by an order. The order sets out the facts concerning which evidence must be taken and specifies the evidence which must be taken.

 (2) Where, in order to preserve the evidence, proceedings for preliminary collection of evidence are initiated before the filing of the court claim due to an infringement or risk of infringement of copyright and related rights or of industrial property rights, the court, by order, sets a term within which the person must file the court claim. The term shall not be longer than one month. If the court claim is not filed within the set term, the court revokes the acts performed in the course of proceedings for preliminary collection of evidence.

 (3) If due to an infringement or risk of infringement of copyright and related rights or of industrial property rights, proceedings for preliminary collection of evidence are requested or initiated before the court claim has been filed, the court may make the initiation or continuation of those proceedings dependent on the provision of a deposit fee for compensation of the harm which may arise to the opposing party. The deposit fee must be provided by the due date set by the court. If the deposit fee is not provided by the set due date, the court refuses to initiate preliminary collection of evidence or cancels the acts performed in the course of the preliminary collection of evidence.

 (4) An order on refusal to initiate preliminary collection of evidence is subject to appeal. An order made by a circuit court of appeal concerning an interim appeal is not subject to appeal to the Supreme Court.

§ 248.  Protection of opposing party in proceedings for preliminary collection of evidence

 (1) The court does not initiate proceedings for preliminary collection of evidence if the applicant does not provide the court with a valid reason why they cannot name the opposing party in the proceedings.

 (2) If proceedings for preliminary collection of evidence are initiated on the basis of an application which does not indicate the opposing party, the court may appoint an attorney to represent the future opposing party and to protect the interests of that party in proceedings for preliminary collection of evidence. The court, by order, directs the applicant to pay, to the extent prescribed by the State Legal Aid Act, the attorney's fee and costs, and may require that the applicant make, prior to the commencement of proceedings for preliminary collection of evidence, a reasonable advance payment to the account prescribed for this purpose. If the advance payment is not made, the court may refuse to initiate the proceedings.

 (3) The court serves the application for initiation of proceedings for preliminary collection of evidence and the court order on initiation of the proceedings on the opposing party or on that party’s representative in a manner which makes it possible for the opposing party to protect their interests in those proceedings.

 (4) If due to an infringement or risk of infringement of copyright and related rights or of industrial property rights of a person, preliminary collection of evidence is requested in order to preserve evidence before a court claim has been filed, the court initiates and completes the preliminary collection of evidence without informing the opposing party thereof if a delay could result in irreparable harm to the applicant or if the evidence could otherwise be destroyed or lost. In such case, the application and order referred to in subsection 3 of this section, and an order 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. An order made concerning such request is subject to appeal by the parties. An order made by a circuit court of appeal concerning an interim appeal 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 an order on the preservation of evidence. The filing of an interim appeal on the cancellation of the application of a measure for preservation of evidence or the substitution of one measure for preservation of evidence with another suspends the enforcement of the order.

§ 249.  Relying on evidence obtained in proceedings for preliminary collection of evidence

 (1) Evidence taken in proceedings for preliminary collection of evidence may be relied on in the proceedings on the same bases as evidence obtained in the main proceedings.

 (2) If the opposing party did not participate in the court session of proceedings for preliminary collection of evidence or in the performance of other procedural operations, relying on the outcome of those proceedings is not permitted if the opposing party had not been summoned, in a timely manner, to the court session or the performance of the procedural operation or the rights of the opposing party were materially violated in those proceedings due to other reasons and the opposing party contests the evidence on such grounds.

 (3) Reliance on the outcome of proceedings for preliminary collection of evidence is permitted if the opposing party was not informed of those proceedings pursuant to the provisions of subsection 248 (4) of this Code.

§ 250.  Compensation for harm caused by proceedings for preliminary collection of evidence

 (1) The party who applied for initiation of proceedings for preliminary collection of evidence shall compensate for the harm caused to the other party if:
 1) a court decision denying the court claim or dismissing the court claim enters into force, or if proceedings in the case are terminated on any grounds other than approval of the compromise of the parties;
 2) it becomes evident that the grounds for proceedings for preliminary collection of evidence were absent at the time of initiating those proceedings;
 3) the acts performed in the course of proceedings for preliminary collection of evidence which were conducted prior to filing the court claim are revoked on the grounds that the court claim was not filed on time.

 (2) A deposit fee collected in order to compensate for harm likely to be caused by proceedings for preliminary collection of evidence is returned to the party who applied for the conduct of those proceedings if the other party has not filed the court claim for compensation for harm 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 party to the proceedings or a representative of a party to the proceedings in the case.

 (2) Instead of hearing a witness, the court may use the minutes of hearing the same witness in other court proceedings, if this clearly facilitates proceedings and it may be presumed that the court is able to evaluate the minutes 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 parties to the proceedings 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 an order 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 party to the proceedings 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 parties to the proceedings 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 case 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 case 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 set aside 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 claimant or defendant;
 2) a sister, stepsister, brother or stepbrother of the claimant or defendant, or a person who is or has been married to a sister, stepsister, brother or stepbrother of the claimant or defendant;
 3) a step parent or foster parent or a step child or foster child of the claimant or defendant;
 4) an adoptive parent or an adopted child of the claimant or defendant;
 5) the spouse of or a person permanently living together with the claimant 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 pecuniary relationship which arises from a relationship under family law;
 4) an operation related to the disputed legal relationship which the witness himself or herself performed as the legal predecessor or representative of a party.

§ 259.  Rules concerning refusal 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 parties to the proceedings of the receipt of a petition on refusal to give testimony.

 (3) The court makes an order concerning the legality of the refusal of a witness to give testimony after hearing the parties to the proceedings. If the court does not consider the refusal to give testimony to be legal, the court requires the witness to give testimony by an order. The witness has the right to file an appeal against such order. An order made by a circuit court of appeal concerning an interim appeal 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 party to the proceedings or if a party to the proceedings leads the testimony of a witness by interference or in any other manner, the court may remove such party to the proceedings from the courtroom for the time the witness is heard.

 (3) After the return of such party to the proceedings, the testimony of the witness is read to the party to the proceedings and the party to the proceedings 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.  Rules for hearing of witnesses

 (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 parties to the proceedings. 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 parties to the proceedings 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 party to the proceedings poses questions through the court. With the permission of the court, a party to the proceedings may pose questions directly.

 (6) A party to the proceedings who applies for the summoning of a witness is the first to question the witness; thereafter, the witness is questioned by the other parties to the proceedings. A witness summoned at the initiative of the court is questioned first by the claimant.

 (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 party to the proceedings 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 parties to the proceedings 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 on the basis of a letter of request or of an order, in the course of proceedings for preliminary collection of evidence or, in the case of the adjournment of the matter, in a previous court session, is disclosed at the court session. The testimony of a witness is deemed to be disclosed if the court and the parties to the proceedings 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 short-term custodial sentence 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 costs of the case 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) An order of a district court or circuit court of appeal made under the circumstances specified in subsections (1)–(3) of this section is subject to appeal by a witness. An order of a circuit court of appeal concerning an interim appeal of a district court is not subject to appeal to the Supreme Court.

Chapter 28 STATEMENTS OF PARTIES TO THE PROCEEDINGS GIVEN UNDER OATH 

§ 267.  Hearing under oath of parties to the 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 thrid party 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 thrid party 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 this 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 earlier proceedings and the evidence provided and taken it is impossible for the court to develop a position on the truth of an alleged circumstance that has to be proved. 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.  Rules for hearing parties to the proceedings

 (1) The provisions concerning hearing of witnesses correspondingly apply to hearing of the parties to the proceedings under oath unless the provisions of this Chapter provide otherwise.

 (2) A party to the proceedings 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 party to the proceedings takes the oath orally and signs the text of the oath.

§ 270.  Refusal of a party to the proceedings to take oath or give a statement 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 things, 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.  Examination of a party to the proceedings without active civil procedural legal capacity

 (1) The legal representative or representatives of a party to the proceedings who has no active civil procedural legal capacity are examined under oath in the stead of that party.

 (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 actions 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 parties to the proceedings 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 party to the proceedings 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 proceedings. 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 proceedings 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 parties to the proceedings 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 party to the proceedings is able to substantiate that a submitted document has been falsified, the party to the proceedings 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 things, be proven by comparison of documents. If a document needed for comparison is in the possession of the opposing party or a thrid party, 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 an order. 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 proceedings 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 for resolving the matter, the person shall, at 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 a court claim related to intellectual property

 (1) If a court claim is made 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 claimant 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 things, 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 court proceedings 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 proceedings 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 attorney 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 party to the proceedings 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 an order on the legality of the refusal to submit a document after having heard the parties to the proceedings. The order is subject to appeal by the parties to the proceedings and the person who was required to submit the document. An order made by a circuit court of appeal concerning an interim appeal is not subject to appeal to the Supreme Court.

§ 282.  Making a court claim to obtain presentation of a document

 (1) If a person files a substantiated and lawful objection to a requirement to present a document, the person who requested the presentation of the document may file a court claim against the person in possession of the document in order to require presentation 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 a court claim has been adjudicated. In such event the court sets the person requesting the document a term for requiring its presentation.

 (2) The opposing party may request continuation of the proceedings before the expiry of the term for presentation of the document in the possession of another person if the court claim filed against the possessor of the document has been adjudicated or the person requesting the document delays proceedings on the court claim that was made or delays complying with the decision by which the court claim was granted.

§ 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 an order 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 whose existence or properties may facilitate ascertainment of the facts relevant for resolving a civil matter. A document that corresponds to the above indications 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 an order.

 (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 party to the proceedings 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 parties to the proceedings 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 parties to the proceedings 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 proceedings, 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.  Arranging an inspection

 (1) In order to arrange an inspection, the court makes an order which sets out the object of the inspection and the time and place of arranging the inspection. One or several experts may be invited to be present at an inspection by an order. The court may also arrange the 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 parties to the proceedings are informed of the inspection being arranged but their absence does not prevent the conduct of the inspection.

 (4) The parties to the proceedings taking part in an inspection may draw the court's attention to circumstances that are relevant to the completeness of the inspection and to the matter that the court is dealing with.

 (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 parties to the proceedings are entered in the minutes.

§ 292.  Obligation to enable inspection

 (1) The court may impose an obligation to enable inspection to a party to the proceedings or another person and set the person a term for such purpose. Other persons may refuse to enable inspection in accordance with the rules that apply concerning refusal by the possessor of a document 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.  The arranging of an expert assessment and the 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 party to the proceedings. 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 party to the proceedings 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 party to the proceedings 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 directing that an expert assessment be performed, the court may use an expert opinion submitted at the direction of the court in other court proceedings or an expert opinion commissioned by the body conducting proceedings in a criminal or misdemeanour case if this facilitates proceedings and if it may be presumed that the court is able to evaluate the expert opinion to a necessary extent without arranging a new expert assessment. In such a case, additional questions may also be put to the expert or the expert may be summoned to court to answer questions.
[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 proceedings 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 parties to the proceedings upon the conduct of an expert assessment is necessary and possible, the court indicates so in the order on the expert assessment. In such case, absence of the parties to the proceedings 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 parties to the proceedings.

 (2) The court may give orders concerning an expert assessment.

 (3) If the circumstances which constitute the cause of a court claim 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 parties to the proceedings and whether and at what time the expert must allow the parties to the proceedings to participate in the expert assessment.

 (5) The parties to the proceedings shall be informed of the orders given to an expert.

§ 298.  Questions to expert and requests and objections of parties to the proceedings related to expert assessment

 (1) A party to the proceedings 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 party to the proceedings.
[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 parties to the proceedings 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 resolution of the matter in the opinion of the court or if the party to the proceedings 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 party to the proceedings 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 party to the proceedings 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 harm 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 compulsory performance of the expert assessment. If a person repeatedly and without good reason refuses examination, the expert assessment may be performed in coercive manner based on a court order, involving the police as necessary.

 (3) The order specified in subsection 2 of this section is subject to appeal. Filing of an interim appeal against the order suspends the enforcement of the order. An order made by a circuit court of appeal concerning an interim appeal is not subject to appeal to the Supreme Court.
[RT I, 19.03.2019, 2 – entry into force 29.03.2019]

§ 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 order 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 parties to the proceedings 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 an order, fine an expert and demand compensation of the costs of the case 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 an order 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 party to the proceedings or another person to whom the procedural document is addressed.

 (2) Upon service of a procedural document, the handing over of such a document 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, an enforcement agent, a court deposit fee 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 party to the proceedings or a legal representative of a party to the proceedings 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 judgment and an order on termination of proceedings in a matter and any other procedural documents specified by law on the parties to the proceedings.
[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 attorneys. Transcripts of appendices to procedural documents and transcripts of procedural documents submitted or delivered to the court by the parties to the proceedings need not be certified.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (3) If a document reached a party to the proceedings 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 party to the proceedings 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 parties to the proceedings

 (1) A procedural document which is not required to be served on a party to the proceedings in accordance with the rules provided for in this Part but which concerns the rights of the party to the proceedings is transmitted to the party to the proceedings 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 party to the proceedings 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 in accordance with the rule 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 party to the proceedings 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 party to the proceedings or representative thereof who has violated this obligation.

 (6) Procedural documents may be served on attorneys, notaries, enforcement agents, 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 parties to the proceedings in the designated information system, regardless of the manner of service thereof on the parties to the proceedings.

 (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 Code 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 party to the proceedings 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 in accordance with the rules provided in subsections (1) and (2) of this section also by sending procedural documents:
 1) using the address or telecommunications numbers of the party to the proceedings which are known to the court in another court proceeding which is currently being conducted;
 2) using the address or telecommunications numbers of the party to the proceedings which are known to the court in the expedited procedure for orders for payment which preceded the court claim.

 (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 in accordance with the rules provided in this section, 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 enforcement agent, court official, another person or institution

 (1) A procedural document may also be served through an enforcement agent, court deposit fee 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 party to the proceedings 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 an enforcement agent.

 (1¹) Under expedited procedure for orders for payment and under the rules for actions by claim, a procedural document may be served through an enforcement agent only in accordance with the rules provided in § 315¹ of this Code. Under the rules for actions by claim pertaining to the interests of a child or another natural person requiring special protection in the proceedings, likewise in expedited proceedings for an order for payment in a claim for support for a child, a procedural document may also be served through an enforcement agent according to the rules provided 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 Code, 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 parties to the proceedings

 (1) A party to the proceedings 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 party to the proceedings may serve procedural documents only through an enforcement agent.

 (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 party to the proceedings 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 party to the proceedings arranging the service in an envelope sealed by the court and likewise a delivery notice form subject to be returned to the court and explains to him or her the consequences of knowingly submitting incorrect information to the court.
[RT I, 22.03.2013, 9 – entry into force 01.04.2013]

 (4) The rules provided in subsections 315 (4)–(7) of this Code apply to the service of procedural documents through an enforcement agent and documentation thereof.

 (5) If, under expedited procedure for orders for payment, the claimant or the petitioner fails to notify the court of the results of the service within the term set on the basis of subsection 2 of this section, the petition is dismissed.
[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 in accordance with the rules 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 party to the proceedings, due to whom or in whose interests the procedural document needs to be served, submit such translation or cover the translation costs. If the party to the proceedings 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 district courts of Estonia which conduct proceedings in the case 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 district 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 in accordance with the rules provided with respect to the service of procedural documents 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 Estonia 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 proceedings in the case are terminated.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 317.  Public service of procedural documents

 (1) Based on a court order, a party to the proceedings may be served a procedural document by public announcement if:
 1) the address of the party to the proceedings 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 party to the proceedings which is a legal person based on a court order 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 § 63¹ of the Commercial Code to the registrar, an attempt shall also be made to service the document to such address before public service of the procedural document.
[RT I, 20.04.2017, 1 – entry into force 15.01.2018]

 (1²) Regardless of the provisions of subsection 1 of this section, when expedited proceedings in a matter of the order for payment are transformed into a court claim, a statement of claim may be served by public announcement on the basis of a court order 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 party to the proceedings 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 party to the proceedings 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 edition Ametlikud Teadaanded. The court hearing the matter may make an order 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 proceedings and the object of proceedings;
[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 a court claim is served, a proposal to respond to the court claim, 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 edition 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 proceedings 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) An order on refusal to refuse public service is subject to appeal. An order made by a circuit court of appeal concerning an interim appeal 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 a party to the proceedings 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 proceedings.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (2) The court may require a party to the proceedings by an order 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 party to the proceedings who is required to appoint a person authorised to receive procedural documents fails to do so, procedural documents are served on the party to the proceedings by unregistered letter at the address thereof until the time the party to the proceedings 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 for proceedings before the court

 (1) If a party to the proceedings is represented by a representative in proceedings before the court, 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 party to the proceedings. 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 party to the proceedings 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 resolve the appeal, the appeal may also be served on such representative.

 (3) A procedural document is also deemed to be served on an attorney representing a party to the proceedings by placing the procedural document in a post box assigned to the attorney in the court premises and agreed upon with the attorney 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 at 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 enforcement agents, 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 proceedings 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 Code 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 district 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 proceedings 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 Parties to the proceedings 

Chapter 37 GENERAL PROVISIONS 

§ 328.  Truthfulness of petitions and guarantee of response to petitions

 (1) Petitions by the parties to the proceedings concerning the factual circumstances related to a matter shall be truthful.

 (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 parties to the proceedings shall file their petitions, applications, evidence and objections in proceedings as early as possible, depending on the stage of proceedings, and on the extent to which this is necessary for dealing with the matter expeditiously and justly. 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 party to the proceedings shall file their petitions, applications, evidence and objections such that these could be forwarded to other parties to the proceedings at least seven days before the preliminary hearing unless otherwise determined by the court. A cross-petition of the other party to the proceedings and related applications, evidence and objections shall be filed to the court such that these could be forwarded to other parties to the proceedings 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 proceedings, the court endeavours to facilitate the timely and comprehensive filing, by the parties, of their petitions, and to facilitate contribution, by the parties, to the matter being dealt with in the minimum possible time and at the minimum possible cost.

 (4) In pre-trial proceedings, the court may give the parties to the proceedings directions 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. Parties to the proceedings shall be informed of all the directions 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 the matter on its merits.

 (3) Petitions containing new circumstances or requests, likewise evidence submitted after the end of pre-trial proceedings or, under written procedure, after the expiry of the term for submission of applications are considered in accordance with the rules 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 party to the proceedings 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 considers it only if, in the court's opinion, accepting it will not cause a delay in the adjudication of the matter or the party to the proceedings provides good reason for the delay.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (2) If a party to the proceedings 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 parties to the proceedings may file objections to the activity of the court in conducting the proceedings and also objections to the violation of procedural provisions and above all, to the violation of the formal requirements on performance of procedural operations. The court resolves the objection by an order.

 (2) If a party to the proceedings 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 party to the proceedings 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 party to the proceedings 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 expediting court proceedings

 (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 operation without good reason, including fails to schedule a court session in a timely manner in order to ensure the carrying out of the court proceedings within a reasonable period of time, a party to the court proceedings may request the court to take a suitable measure for expediting the completion of the court proceedings.

 (2) If the court finds the application well founded, it directs, within 30 days from receipt of the application, the implementation of such a measure which is presumed to make it possible to complete the court proceedings within a reasonable period of time. The court is not bound by the application in its choice of the measure.

 (3) Denial of the application or implementation of a measure other than that stated in the application for expediting court proceedings is formalised by a reasoned order within the term provided in subsection 2 of this section. An order 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 order made on considering the application for expedition of the court proceeding. An order made by a circuit court of appeal concerning an interim appeal is not subject to appeal to the Supreme Court.

 (5) When dealing with an interim appeal, the court may direct the implementation of such a measure which is presumed to make it possible to complete the court proceedings within a reasonable period of time. The court is not bound by the limits of the appeal in the choice of the measure.

 (6) A new application may be filed when six months have passed from the entry into force of the court order made concerning the previous application, except if the application is filed due to the reason that the court dealing with the matter has failed to implement the measure prescribed by the order in time.
[RT I, 23.02.2011, 1 – entry into force 01.09.2011]

Chapter 38 FORMAT OF PROCEDURAL DOCUMENTS SUBMITTED BY PARTIES TO THE PROCEEDINGS 

§ 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 parties to the proceedings provide the court with electronic copies of the procedural documents submitted in writing.

§ 335.  Submission of documents in format reproducible 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, under written procedure, during the term 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 party to the proceedings 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 proceedings concerning the same matter by the same party to the proceedings, 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, enforcement agents, 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 attorneys

  If several parties to the proceedings are represented in the proceedings by attorneys, the documents and appendixes thereto to be sent to the court shall be sent by an attorney to the attorneys of the other parties to the proceedings independently and the attorney shall inform the court thereof. In such case the documents are deemed to be served on the other parties to the proceedings at the time indicated to the court. The court may fine an attorney 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 a court claim, objection and appeal, submitted to the court by a party to the proceedings sets out:
[RT I 2008, 59, 330 – entry into force 01.01.2009]
 1) the names, addresses and telecommunications numbers of the parties to the proceedings and their potential representatives;
 2) the name of the court;
 3) the merits of the case;
 4) for the matter being dealt with, the number of the civil case;
 5) the petition filed by the party to the proceedings;
 6) circumstances on which the petition is based;
 7) a list of appendices to the procedural document;
 8) the signature of the party to the proceedings 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 party to the proceedings does not know the address or other data of another party to the proceedings, the procedural document shall set out the measures taken by the party to the proceedings 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 party to the proceedings 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 party to the proceedings, 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 attorney 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 party to the proceedings is annexed to the petition unless they have already been submitted to the court.

 (3) If performance of a procedural operation requested in a procedural document is subject to statutory fee or deposit fee, information which enables verification of the payment thereof shall be specified in the procedural document, or certification on the grant of financial aid or an application for grant of financial aid upon payment of the statutory fee or deposit fee shall be annexed to the document.

§ 340.  Transcripts to other parties to the proceedings

 (1) A party to the proceedings 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 parties to the proceedings.

 (2) The provisions of subsection 1 of this section do not apply to the documents or appendices thereto which the other parties to the proceedings 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 party to the proceedings shall substantiate why he or she believes that the other party to the proceedings 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 attorney sends transcripts of procedural documents to the attorney representing the other party to the proceedings 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 party to the proceedings 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 statutory 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 statutory fee or deposit fee, the court sets a term for correction of the omissions and, in the meantime, refuses to proceed to a consideration of the procedural document.

 (2) If the omissions are not corrected by the due date set by the court, the court rejects and returns the petition, application or appeal, or dismisses the petition, application or appeal which has already been accepted. An appeal may be filed against an order of a district court or circuit court of appeal made thereon unless otherwise provided by law. An order made by a circuit court of appeal concerning an interim appeal 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 considered and adjudicated at 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 deal with a petition or application, unless the petition or application can be dealt with 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 dealing with 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 parties to the proceedings 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 parties to the proceedings 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 parties to the proceedings 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 parties to the proceedings 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 under the rules for actions by claim, a party to the proceedings is summoned to a session of the Supreme Court and the summons is not sent to a attorney-at-law, it is also indicated in the summons that the party to the proceedings is permitted to perform procedural operations, and file petitions and applications in the Supreme Court only through a attorney-at-law.

 (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 attorney.

 (4) A summons sent to a witness also refers to the right of a witness to receive compensation for a witness and compensation for costs.

 (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 party to the proceedings, 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 parties to the proceedings in court session

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

 (1) The court may require, by an order, the personal appearance of a party to the proceedings or representative thereof in a court session if, in the opinion of the court, this is necessary for the 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 party to the proceedings 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 district 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 case on the basis of a letter of request.

 (3) A party to the proceedings 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 party to the proceedings fails to appear in a court session regardless of the corresponding direction 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 party to the proceedings 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 parties to the proceedings hold the right of representation.

 (3) In a court session in which the matter is heard, the court introduces the content of proceedings 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 party to the proceedings is not represented by an attorney, the court explains the consequences of performance of or failure to perform a procedural operation to the party to the proceedings or his or her representative. If the consequences of performance of or failure to perform a procedural operation have been explained once, repetition thereof at a later time is not required.

§ 348.  Course of court session

 (1) The court presides over the court session and ascertains the opinion of the parties to the proceedings on the circumstances relevant to the matter and excludes from the hearing of the matter anything that is irrelevant to 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 resolving a petition of a party, the court hears the opinion of the other parties to the proceedings on such issue. The court provides the parties to the proceedings with an opportunity to provide their opinion on any circumstance relevant to adjudication of the matter.

 (4) If a party to the proceedings is represented by another person, the court also hears the party to the proceedings in person if the party to the proceedings 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 parties to the proceedings 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 party to the proceedings 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 operations in real time at such place.

 (2) A witness or expert who stays in another place may also be heard, and a party to the proceedings 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 party to the proceedings to file petitions and applications and to formulate positions on the petitions and applications of other parties to the proceedings 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 party to the proceedings 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 procedure for actions by 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 parties to the proceedings to the necessary extent from both the factual and legal point of view.

 (2) The court enables the parties to provide their position on the circumstances relevant to the matter in a timely manner and to the full extent.

 (3) If a party is unable to provide an opinion concerning a position or doubt which the court has pointed out to the party, the court may set the party a term for providing the opinion.

§ 352.  Altering time of court session and adjournment of hearing of matter

 (1) With good reason, the court may cancel a court session or alter the time thereof, or adjourn a session. Failure to complete the adjudication of a matter in a court session is permitted only for a reason which prevents the completion of the adjudication of the matter in the court session.

 (2) The court does not adjourn the hearing of a matter on the grounds that a party is unable to personally attend the court session if the representative of the party is present in the court session and the court has not required personal appearance of the party. The hearing of a matter is not adjourned due to the circumstance that a third party without an independent claim is not attending the hearing.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (3) If possible, the court schedules immediately a new court session in the case provided in subsection 1 of this section in order to continue proceedings. A new session is organised as soon as possible in order to continue the hearing of the matter, taking account, within good reason, of the opinion of the parties to the proceedings.

 (4) If consideration of the matter is adjourned, the court may hear the statements of the parties to the proceedings who have appeared in the court session and the court hears the testimony of the witnesses and opinions of the experts, especially if their appearance at a later court session would be excessively expensive for such persons or it would be otherwise inconvenient for them. If the hearing of the persons specified above necessarily involves the examination of other evidence or the performance of another operation, such other operation is also performed.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (5) If a district court adjourns the hearing of a matter for a period longer than three months without the consent of the parties, a party may file an interim appeal against the order if the party finds that the hearing of the matter is adjourned for an unreasonably long period of time. An order of a circuit court of appeal concerning an appeal against such order is not subject to appeal to the Supreme Court.

 (6) The court resolves a petition for adjournment of a court session or another procedural operation immediately and, if necessary, before the court session or performance of such other procedural operation and notifies the parties to the proceedings thereof immediately.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

Part 9 SUSPENSION OF PROCEEDINGS 

§ 353.  Suspension of proceedings in case of death of party who is natural person or dissolution of party who is legal person

 (1) In the case of the death of a party who is a natural person or the dissolution of a party who is a legal person, and universal succession exists, proceedings are suspended until the time it is continued by the universal successor of the party or another person entitled to do so. A successor is not required to continue proceedings before acceptance of the succession or the expiry of the term for refusing to accept the succession.

 (2) In the case specified in subsection 1 of this section, proceedings are not suspended if the party is represented in proceedings by a contractual representative. In such case the court suspends proceedings at the request of the representative or the opposing party.

 (3) If upon suspension of proceedings, the universal successor delays the continuation of proceedings, the court invites, based on a petition of the opposing party, the universal successor to continue the proceedings within the term set by the court and to participate in the hearing of the matter. The invitation and the petition are served on the universal successor. In the case specified in subsection 2 of this section, the invitation is served on both the universal successor and representative thereof.

 (4) If, in the case specified in subsection 3 of this section, the universal successor fails to appear in the court session, the alleged legal succession is deemed to have been accepted by the universal successor based on the petition of the opposing party and the hearing of the matter is continued.

§ 354.  Suspension of proceeding due to loss of active civil procedural legal capacity

 (1) If a party loses active civil procedural legal capacity or the legal representative of a party dies or the right of representation of the legal representative expires before the party has regained active civil procedural legal capacity, proceedings are suspended until the legal representative or the new legal representative informs the court of his or her appointment.

 (2) In the case specified in subsection 1 of this section, proceedings are not suspended if the party is represented in proceedings by a contractual representative. In such case the court suspends proceedings at the request of the representative or the opposing party.

 (3) If, in the case specified in subsection 1 or (2) of this section, a legal representative has been appointed but fails to inform the court of his or her appointment and the opposing party informs the court of a wish to continue proceedings, proceedings are continued after the court has served the notice on the representative.

§ 355.  Suspension of proceedings with good reason

  The court may suspend proceedings due to a good reason arising from a party until the time such reason ceases to exist. In the case of a serious illness of a party, proceedings may be suspended until the party regains his or her health unless the disease is chronic.

§ 356.  Suspension of proceedings due to other proceedings

 (1) If the judgment fully or partially depends on the existence or absence of a legal relationship which is the subject matter of other proceedings pending before a court or whose existence must be established in administrative proceedings or in other court proceedings, the court may suspend proceedings until the end of the other proceedings.

 (2) The court may suspend proceedings for the time that a relevant constitutional review matter is dealt with by the Supreme Court, until the entry into force of the judgment of the Supreme Court, if that judgment may affect the validity of the legislative or regulatory instrument of general application that falls to be applied in the civil matter.

 (3) If a court refers a question arisen in a matter to the Europea court of Justice for a preliminary ruling, the court suspends proceedings until the entry into force of the decision of the Europea court of Justice.
[RT I 2006, 31, 235 – entry into force 01.09.2006]

 (4) A court suspends proceedings for the required time if this is requested by the Financial Supervision Authority on the basis of the Financial Crisis Prevention and Resolution Act.
[RT I, 19.03.2015, 3 – entry into force 29.03.2015]

 (5) If the Supreme Court requests the Europea court of Human Rights to give an advisory opinion on the basis of § 681¹ of this Code, the Supreme Court may suspend its proceedings for the time that proceedings are conducted on the request or until withdrawal of the request.
[RT I, 26.06.2017, 17 – entry into force 06.07.2017, subsection 5 is implemented as of the day of entry into force of Protocol 16 to the European Convention on the Protection of Human Rights and Fundamental Freedoms in respect of Estonia.]

§ 357.  Suspension of divorce proceedings

 (1) The court suspends divorce proceedings if there is reason to believe that the marriage can be preserved. The court does not suspend proceedings if the spouses have lived separately for a lengthy period of time and neither of them agrees to the suspension of proceedings.

 (2) If proceedings are suspended on the grounds specified in subsection 1 of this section, the court draws the parties' attention to the possibility of reconciliation and the possibility to receive guidance from a family counsellor.

 (3) On the grounds specified in subsection 1 of this section, proceedings may be suspended on one occasion for the period of up to six months.

§ 358.  Consequences of suspension of proceedings

 (1) In the case of suspension of proceedings, the running of all procedural terms is suspended and, upon the expiry of the suspension of proceedings, such terms start to run again from the beginning.

 (2) Any procedural operations performed during the period when proceedings are suspended are null and void. This does not preclude interim protection of the claim or the conduct of proceedings for preliminary collection of evidence in order to preserve evidence.

 (3) Suspension of proceedings when the hearing of the matter has been concluded does not prevent public announcement of the judgment entered in those proceedings.
[RT I 2005, 39, 308 – entry into force 01.01.2006]

 (4) If proceedings are suspended on the basis of subsection 356 (5) of this Code, the suspension of proceedings does not prevent the submission of a petition for withdrawal of the request for an advisory opinion to the Europea court of Human Rights.
[RT I, 26.06.2017, 17 – entry into force 06.07.2017, subsection 4 is implemented as of the day of entry into force of Protocol 16 to the European Convention on the Protection of Human Rights and Fundamental Freedoms in respect of Estonia.]

§ 359.  Suspension of proceedings on joint request of parties or due to absence of both parties from court session

 (1) The court may suspend proceedings based on a joint request of the parties if this is presumed to be necessary due to unfinished negotiations concerning compromise or for other good reasons, as well as due to the absence of both parties from the court session.

 (2) Suspension of proceedings on the grounds specified in subsection 1 of this section does not affect the running of procedural terms.

§ 360.  Order on suspension of proceedings and appeal against such order

 (1) The court suspends proceedings by an order.

 (2) An order by a district court or circuit court of appeal for suspension of proceedings are subject to appeal. An order of a circuit court of appeal concerning an interim appeal of a district court is not subject to appeal to the Supreme Court.

§ 361.  Resumption of proceedings

 (1) The court resumes a suspended proceeding based on the request of a party or at the initiative of the court after the circumstances which constituted the grounds for suspension of proceedings have ceased to exist. If proceedings were suspended due to the absence of both parties from a court session, proceedings are resumed only at the request of a party.

 (2) In the case provided by § 356 of this Code, proceedings may also be resumed if the other proceedings that were the reason for the suspension are disproportionately delayed and adjudication of the suspended matter is possible.

 (3) Proceedings are deemed to be resumed as of the time the order on resumption of proceedings is served on the parties.

 (4) Resumed proceedings are continued from the point at which they were suspended.

Part 10 ACTIONS 

Chapter 39 COMMENCEMENT OF MATTERS 

§ 362.  Filing of actions

 (1) The time of filing a court claim means the time when the court claim arrives at the court. This applies only if the court claim was served on the defendant at a later time.

 (2) The provisions of subsection 1 of this section also apply to the filing of another petition or application to the court unless otherwise provided by law. A claim or petition filed in a court session is deemed to be filed at the time of its disclosure in the court session.

 (3) The provisions of subsections (1) and (2) of this section apply to the evaluation of the consequences related to the filing of a court claim under both procedural and substantive law, and also to the evaluation of compliance with and suspension of running of a term.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 363.  Content of statement of claim

 (1) In addition to other requisite information to be included in procedural documents, a statement of claim sets out:
 1) the clearly expressed claim of the claimant (object of action);
 2) the factual circumstances which constitute the basis of the court claim (cause of action);
 3) the evidence in proof of the circumstances which constitute the cause of the court claim, and a specific reference to the facts which the claimant wants to prove with each piece of evidence;
 4) whether the claimant agrees to the matter being dealt with by written procedure or wishes the matter to be considered at a court session;
 5) the value of the court claim unless the court claim seeks to obtain payment of a certain sum of money.

 (2) If the claimant wishes the court claim to be dealt with by documentary procedure (§ 406), the claimant shall so indicate in the court claim.

 (2¹) If the claimant does not agree to the making of a default judgment in accordance with § 407 of this Code in the event of receiving no response to the court claim, the claimant shall so indicate in the court claim.
[RT I, 29.06.2012, 3 – entry into force 01.01.2013]

 (3) If the claimant is represented in proceedings by a representative, the court claim shall also set out the data of the representative. If the claimant wishes to be assisted in proceedings by an interpreter or translator, the claimant shall so indicate in the statement of claim and set out, if possible, the data of the interpreter or translator.

 (4) Filing of a court claim with a different court than the court of the defendant's general jurisdiction must be justified to such court.

 (5) In addition to the data specified in subsection 1 of this section, a statement of claim in a divorce case also sets out the names and dates of birth of the common minor children of the spouses, the person who maintains and raises the children, the person with whom the children reside, the arrangement requested concerning the parental rights and a proposal on how the upbringing of the children would be arranged after the divorce.

 (6) If the claimant or defendant is a legal person entered in a public register, a transcript of the registry card, excerpt from the register or registration certificate is annexed to the court claim, unless the court is able to check such data from the register independently. Concerning other legal persons, other evidence on the existence and legal capacity of such person is provided.

§ 364.  Court claim for submission of inventory of assets, report or confirmation

 (1) The claimant may request, by the statement of claim, the submission of an inventory of assets from the defendant who is obligated to deliver a pool of assets or to provide information on the status of assets.

 (2) The claimant may request that the defendant obligated to report on the income and expenditure related to the administration of assets provide a structured calculation of such income and expenditure together with the documents and other evidence related thereto.

 (3) If the claimant has reasoned doubts that the data set out in the inventory specified in subsection 1 of this section or the calculation specified in subsection 2 of this section may be incorrect or could have been compiled with insufficient diligence, the claimant may also demand that the defendant take an oath that, based on the information at the defendant's disposal, the calculation or inventory is correct. Such oath is taken in accordance with the rules prescribed for giving statements under oath.

 (4) If the claimant files a court claim for the receipt of money or for the performance of another operation as well as for the receipt of an inventory of assets or a calculation of income or expenditure related thereto or for an oath to be taken, the claimant has the right not to expressly specify the claim directed at the receipt of money or performance of another operation before the inventory or list is received, confirmation is obtained or a partial judgment is made concerning that claim.

§ 365.  Additional claims concerning setting of term and compensation for damage

 (1) The claimant may request in the statement of claim that together with obligating the defendant to perform the duty or operation required by the court claim, the court set the defendant a term for compliance therewith in the judgment.

 (2) If, upon expiry of the term specified in subsection 1 of this section, the claimant has the right to demand compensation for the harm caused by the violation of an obligation or the right to terminate a contract, the claimant may also request, in the statement of claim, the determination of the amount of compensation or deeming the contract terminated in the same judgment.

§ 366.  Court claim for compensation for non-pecuniary damage

  In a court claim for compensation for non-property damage, the claimant has the right not to specify the amount of the compensation claimed and to request fair compensation at the discretion of the court.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 367.  Claim for penalty for late payment as collateral claim

  Together with the principal claim of a court claim, the claimant has the right to file a claim for a penalty for late payment which has not yet fallen due by the time of filing the court claim such that the claimant does not specify the amount of the penalty for late payment but requests the court to impose such penalty for late payment partly or fully in the form of a percentage of the value of the principal claim until the principal claim is fulfilled. Above all, a penalty for late payment may be claimed such that the court would order payment thereof in a fixed amount until the making of a judgment and thereafter as a percentage of the principal claim.
[RT I 2008, 28, 180 – entry into force 15.07.2008]

§ 368.  Court claim seeking declaratory relief

 (1) If the claimant has a legal interest in the obtaining a declaration concerning the existence or absence of a legal relationship, they may make a court claim seeking such a declaration.

 (2) If in enforcement proceedings a dispute concerning the interpretation of an enforceable title arises, the claimant or debtor has the right to file a court claim against the other party with the claim to establish whether a certain right or obligation arises to the claimant from the enforceable title. A court claim for declaratory relief may also be made in order to clarify the meaning of an enforceable title in other cases when a dispute has arisen between the parties to the proceedings concerning the enforcement or effect of the enforceable title.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 369.  Making a court claim before the claim becomes due

  A court claim for a future claim may be filed in the case there is reason to believe that the debtor will not perform the obligation on time. On the same grounds, among other things, a court claim for the future vacation of an immovable or space may be filed if the fulfilment of the claim involves a certain due date and likewise the future performance of recurring obligations becoming due after the making of the court claim may be claimed.

§ 370.  Several claims by one court claim

 (1) The claimant may make several different claims against the defendant by one court claim, and such claims may be dealt with together provided all of them are within the jurisdiction of the court dealing with the matter and the same type of procedure is permitted. The same applies to claims which are based on different circumstances.

 (2) Several alternative claims may be filed by a single court claim, or several claims may be filed such that the claimant requests the granting of one of the claims only if the first claim is denied.

§ 371.  Grounds for rejecting the court claim

 (1) The court rejects a statement of claim if:
 1) the court is not competent to deal with the matter;
 2) the matter does not fall within the jurisdiction of that court;
 3) an interested party who has taken recourse to the court has failed to comply with the mandatory procedure provided by law for prior extra-judicial resolution of such matters;
 4) there is a judgment of an Estonia court which has entered into force or an order on termination of proceedings, or a decision of a court of a foreign state subject to recognition in Estonia, or a decision in pre-court proceedings which has entered into force, including an agreement approved by the Chancellor of Justice, which has been made in a dispute between the same parties concerning the same object of the court claim on the same grounds and which precludes recourse to the court in the same matter;
 5) a matter between the same parties concerning the same object of the court claim on the same grounds is pending before a court;
 6) a matter between the same parties concerning the same claim on the same grounds is being heard by a lease committee or labour dispute committee or in another pre-trial proceeding provided by law where a decision can be made in the form of an enforceable title;
 7) a valid decision has been made in arbitration proceedings in a matter between the same parties concerning the same subject matter on the same grounds, or arbitration proceedings are pending in such a matter;
 8) the parties have entered into an agreement for referral of the dispute to arbitration except in the case where the court claim contests the validity of the arbitral agreement;
 9) the statement of claim lacks the signature of a competent person or other essential formal requirements for statements of claim have been violated;
 10) a statutory fee has not been paid on the claim filed in the statement of claim;
 11) the data concerning the claimant or defendant presented in the statement of claim do not enable their identification;
 12) the person who submits the statement of claim in the name of the entitled person has not proven his or her right of representation.

 (2) The court may reject a statement of claim if:
 1) based on the factual circumstances presented as the cause of the court claim, violation of the claimant's rights is impossible, presuming that the factual allegations of the claimant are correct;
 2) the court claim has not been filed for protecting the claimant's right or interest protected by law, or with an aim subject to legal protection by the state, or if the objective sought by the claimant cannot be achieved by the court claim.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 372.  Deciding on acceptance of action

 (1) Within a reasonable period of time, the court, by order, decides to accept or refuses to accept the statement of claim, or sets a term for the curing of defects.

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

 (3) If necessary, the court may request the defendant's position in order to decide on acceptance of the court claim, and to hear the parties. In such a case the court decides on acceptance of the court claim without delay after receiving the position or hearing the parties.

 (4) An order on rejection of a statement of claim shall set out the reason for rejecting the statement of claim. If the court rejects a statement of claim, the court does not serve the statement of claim on the defendant but returns it to the claimant together with any appendixes thereto and with the order on rejection of the statement of claim.

 (5) The claimant may file an interim appeal rejecting the statement of claim. An order of a circuit court of appeal concerning an appeal is not subject to appeal to the Supreme Court if acceptance of the court claim was refused on the grounds specified in clause 371 (1) 9), 11) or 12) of this Code.

 (6) If the court rejects a statement of claim and returns it by an order, the statement of claim is deemed to be not submitted and the court claim is deemed not to have been dealt with by the court.

 (7) If a matter is not within the jurisdiction of the court at which the court claim was filed, the provisions of § 75 of this Code apply to its rejection.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

 (8) If the court finds that dealing with the statement of claim falls within the competence of an administrative court and the administrative court has previously found in the same matter that the matter does not fall within the competence of the administrative court, the court promptly submits a request to a Special Panel formed by the Civil Chamber and the Administrative Chamber of the Supreme Court in order to determine the court which is competent to deal with the matter and notifies the parties to the proceedings thereof.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 373.  Filing of counterclaim

 (1) Until the end of pre-trial proceedings or, under written procedure, until the expiry of the term prescribed for submission of petitions, a defendant has the right to file a procedural claim (counterclaim) against the claimant to be considered together with the original court claim if:
[RT I, 29.06.2012, 3 – entry into force 01.01.2013]
 1) the counterclaim is aimed at setting off against the original court claim;
 2) the granting of the counterclaim wholly or partially precludes granting the original court claim;
 3) the counterclaim and the original court claim are otherwise mutually connected and their joint consideration would allow the matter to be dealtwith just and more expeditious consideration of.

 (2) If a counterclaim is filed later than within the period indicated in subsection 1 of this section, the counterclaim is dealt with together with the original court claim only if there was good reason for the failure to file the counterclaim on time and if, in the court's opinion, acceptance of the counterclaim for joint proceedings is conducive to adjudication of the matter.

 (3) The provisions concerning a statement of claim apply to a counterclaim. If a court claim made in the form of a counterclaim is not accepted as a counterclaim, it is accepted as a separate court claim unless the person filing the counterclaim has requested that the court claim be dealt with exclusively in the form of a counterclaim.

§ 374.  Joinder of claims

  If several claims of the same type which involve the same parties, or which are filed by one claimant against different defendants or by several claimants against the same defendant are subject to concurrent court proceedings, the court may join such claims into single proceedings if the claims are legally related or the claims could have been filed by a single court claim and this allows those claims to be dealt with more expeditiously or facilitates the conduct of proceedings.

§ 375.  Severance of claims of action

 (1) If the court finds that the separate hearing of claims filed in one statement of claim, or of a court claim and a counterclaim would allow the matter to be dealt with more expeditiously or would considerably facilitate proceedings, or if actions have been joined unfoundedly, the court may sever the claims by an order and conduct independent proceedings.

 (2) The court may cancel the severance of actions if it becomes clear that severance was not justified.
[RT I 2005, 39, 308 – entry into force 01.01.2006]

§ 376.  Amendment of action

 (1) After acceptance of a court claim and its service on the defendant, the claimant may amend the object or cause of the court claim only with the consent of the defendant or the court. The defendant's consent is presumed if the defendant does not immediately file an objection to the amendment of the court claim.

 (2) The court agrees to amendment of the court claim only with good reason, above all if the factual allegations and evidence already submitted in proceedings are likely to make it possible to deal with the amended court claim more expeditiously and economically.

 (3) The provisions concerning a statement of claim apply to a petition for amendment of the court claim. If in pre-trial proceedings the claimant presents new facts related to the court claim, it is presumed that the claimant thereby supplements the cause of action.

 (4) The following is not deemed to be amendment of action:
 1) amendment or correction of presented factual or legal allegations without amending the main circumstances which constitute the cause of the court claim;
 2) increase, reduction, extension or limitation of the principal claim or collateral claim of the claimant;
 3) demanding another object or another benefit instead of the object which was originally demanded due to a change in the circumstances.

 (5) The court may demand the submission of the entire text of the statement of claim if, due to making repeated amendments thereto or for another reason, the court claim lacks clarity and submission of the entire text of the statement of claim facilitates the hearing of the matter.

 (6) The claimant may also submit a petition or amendment specified in subsection 4 of this section without submission of a petition in a format corresponding to the statement of claim and, among other things, orally in a court session.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

Chapter 40 INTERIM PROTECTION OF THE CLAIM