Dissatisfaction with the judgment or handling in court
What do I do if I feel that the court has adjudicated incorrectly?
If you feel that the court has adjudicated incorrectly and that the judgment should be changed you must appeal to a higher instance within the appeal period.
If you do not appeal within the stipulated period the appeal will be dismissed. This means that the higher instance will not hear your appeal and the decision of the court will thus not be changed. The appeal period is stated in the judgment.
Read more about how to appeal against a District Court judgment in a criminal action.
Read more about how to appeal against a District Court judgment in a civil action.
What do I do if the court has treated me wrongly?
You can appeal to the Parliamentary Ombudsman (JO) if you feel that you personally or someone else has been wrongly treated by a court or by an official at the court in conjunction with the hearing of a case.
The Parliamentary Ombudsman does not pass an opinion on whether a court has made a correct judgment in the facts of the case, only if the court has treated the parties and handled the matter correctly.
Read more about how a report to the Parliamentary Ombudsman is made on the Parliamentary Ombudsman website.
If you feel that an incorrect decision by a court has caused you injury you can claim compensation from the Chancellor of Justice (JK).
Neither the Parliamentary Ombudsman nor the Chancellor of Justice can change the decision of the court.
What does a new trial mean?
New trial means that the court can re-hear your case despite the fact that you have not appealed within the stipulated time.
- The Court can grant a new trial if, for example, a member of the court or an official at the court has committed a crime or an infringement which could have had an impact on the outcome of the case,
- written evidence was false or a witness or expert has lied and it could have had an impact on the outcome of the case,
- new evidence of material importance has emerged, or
- it is obvious that adjudication is in contravention of the law.
The application for a new trial must be submitted to the Court of Appeal if the judgment was pronounced by a District Court, otherwise to the Supreme Court. If a new trial is granted it is in the majority of cases the court which heard the case last that that will re-hear the case.
The final date on which an application for a new trial must be lodged depends on whether it is a criminal action or a civil action and also on the reason for applying for a new trial. If the application has not been received within the stipulated time the facts of the case will not be examined.
What does miscarriage of justice mean?
- A judgment can be set aside as a result of a miscarriage of justice if the stipulated appeal period has expired. It could, for example, be so if the case is taken up despite the fact that there are impediments to a hearing (if, for example, the case should be dealt with by another type of court),
- the judgment is written in such a way that it is not clear what the court has adjudicated,
- the judgment was pronounced against someone who was not served correctly. Service means that a person who is summoned to a hearing must sign and return confirmation to the court that they have received a summons, or
- another serious procedural error has emerged which can be assumed to have had an impact on the outcome of the case.
The letter should be submitted to the Court of Appeal if the judgment was pronounced by a District Court, otherwise to the Supreme Court. The final date on which an appeal must be lodged against a miscarriage of justice depends on the reason for the appeal. If the appeal has not been received within the stipulated time the facts of the case are not examined.