You have the right to an oral hearing in at least one stage of the proceedings. This means that you can ask for an oral hearing.
There is no automatic right to an oral hearing at all stages of court proceedings. If the court has held an oral hearing in the first instance, higher courts can choose to have written proceedings. They may also choose not to hold an oral hearing if the nature of the case is purely legal or very technical. For example, issues on the correction of mathematical errors in a judgement or hearings on issues of admissibility.
Need for an oral hearing
Generally, written proceedings can be held before a court of appeal or court of cassation. However, an oral hearing must be held if any party has contested the credibility of witnesses or important facts in the case. You also have the right to an oral hearing if you have not been given adequate opportunities to participate in hearings in the previous stage of the proceedings. For example, to present your arguments and objections or to challenge your opponent’s evidence.
Participation
In Estonia, you have a right to be present at oral hearings. You can either attend them yourself or send a representative. Before each hearing, the court will notify you about the date and time of the next hearing. Therefore, you have to be reachable at the address you have given to the court. If you do not attend the court hearings and do not notify the court in a timely manner about reasons justifying your absence, the court is entitled to examine the case in your absence. An oral hearing must also be accessible to members of the general public. In special circumstances (for example, cases involving state secrets or adoption secrets), members of the general public can be denied access to a hearing.