You have the right to an oral hearing at least in the first instance of the court.
According to Estonian law, Administrative court hearings are held in oral procedure, which means they are held at an oral hearing. However the court may hear a matter by way of written proceedings if, in the assessment of the court, the facts material for determining the matter can be ascertained without holding a court session or if the parties and third parties have agreed to the matter being heard by way of written proceedings or it is evident that, in view of the legal values at issue and the nature of the dispute, participants of the proceedings do not have any reason to demand the holding of a court session.
The need for an oral hearing
Oral hearings do not have to be organized at all stages of the trial. An issue can be examined without an oral hearing if it is very technical or purely legal (such as issues on the correction of mathematical errors in a judgement or hearings on admissibility). Generally, if there has been an oral hearing in the first instance, higher instances, such as the court of appeal or court of cassation can examine the case in written procedure.
However, if the appeal raises issues of credibility of witnesses or contests important facts, the court should examine your case in an oral hearing. You also have the right to an oral hearing in the appeals stage if you did not have an adequate opportunity to participate in the previous hearings. For example, to adequately present your arguments and objections and to challenge your opponent’s evidence.
Participation
If an oral hearing is held, you have the right to be present at the court in person or through a representative. Before each hearing, the court must notify you about the date and time of the next hearing. Therefore, you must be reachable at the address that you have provided to the court.
If you do not attend the court hearings and do not notify the court in advance about the reasons that justify your absence, the court can examine the case in your absence. The oral hearing must also be accessible to members of the general public. In special circumstances members of the general public can be denied access to a hearing. This can, for example, be in cases which involve a state secret or adoption secret.