An Oral Hearing in an Administrative CourtText version

The appellant or the opposing party may request the administrative court to hold an oral hearing when examining the appeal. The request must be justified by showing why a written hearing is insufficient and what evidence will be presented at the oral hearing.

An administrative court must normally hold an oral hearing if so requested by a party. An oral hearing does not have to be held if the demand presented in the appeal cannot be examined at all, if it is dismissed without consideration of its merits or if it obviously unnecessary.

At an oral hearing the parties and the authorities usually first present to the members of the court their understanding of the challenged decision and the appeal against it. The members of the court may also ask questions. After that, the normal procedure is to hear witnesses called by the parties or by the court itself.

The administrative court will summon the witnesses called by the appellant, another private party or the authority if so requested. If the court is not asked to assist in the summoning, it should nevertheless/still be notified in advance of what witnesses will be present at the oral hearing.

At an oral hearing, decisions relating to the hearing of the matter may be made, but the principal claim is not resolved immediately at the end of an oral hearing. Usually the decision is postponed to be made in a session that is not open to the public.

An oral hearing does not replace the written trial material, but supplements it. At an oral hearing it is, therefore, not necessary to consider again other material than that on which the parties disagree or regarding which they want to present further clarification.

The administrative court may restrict the oral hearing for example to only a part of the matter.

The administrative court also performs inspections, i.e., visits the scene to make observations on the object or site subject to the litigation. Inspections are carried out especially in connection with construction and environmental matters.