FINLAND Law and Practice Contributed by: Marja Norrena, Maija Ahtiainen and Valmari Keskimäki, Lieke Attorneys Ltd
claims presented previously still correspond to the parties’ positions; • the parties give their oral opening statements, pre- senting the grounds for their claims and respond- ing to the arguments advanced by the opposing party; • the parties present their evidence to the court, including documentary evidence and oral testimo- nies, fact witnesses and experts are examined; and • the parties give their oral closing statements, pre- senting their views on the submitted evidence and the legal issues relevant to the case, and express their opinions on how the case should be resolved. The court may issue the judgment immediately after the hearing (which is rare in civil cases) or defer it to a later date. 7.2 Case Management Hearings Case management or preparatory hearings are com- monly held during the preparatory phase of civil pro- ceedings, before proceeding to the main hearing. The case management or preparatory hearing build on the written preparation (ie, the parties’ briefs and the court’s summary) that has already taken place. Argu- ing about the merits of the case should be reserved for the main hearing. Instead, the case management or preparatory hearing should focus on the objectives of the preparatory phase: preparing the case for the main hearing by clarifying the relevant issues and points of disagreement. 7.3 Jury Trials in Civil Cases In Finland, jury trials are not available in civil cases. 7.4 Rules That Govern Admission of Evidence The rules governing the admission of evidence in civil cases are set out in the Code of Judicial Procedure. The means of evidence include the following: • hearing the parties for the purpose of giving evi- dence; • hearing witnesses; • expert evidence; • documentary evidence; and • inspection (of an object or place, for example).
The principle of free evaluation of evidence is applied, meaning that the court is not restricted by any for- mal rules when determining the credibility or weight of certain evidence. Instead, the court may assess the probative value of evidence at its own discretion. The principle of immediacy is also essential, whereby the court may only consider evidence that is present- ed during the main hearing, with certain exceptions. In principle, written witness testimonies are not allowed and witnesses must give their testimony orally during the main hearing. However, expert witnesses give their testimony in writing (see 7.5 Expert Testimony ). In certain circumstances, the court has the power to prohibit the use of evidence. For example, the court should reject evidence that: • concerns a circumstance that is not relevant to the case; • is otherwise unnecessary; • can be replaced by evidence that is available at essentially less cost or with less difficulty; • can be replaced by evidence that is essentially more credible; or that • could not be obtained despite appropriate meas- ures, and the decision in the matter can no longer be delayed. See also 5.6 Rules Disallowing Disclosure of a Docu- ment on situations where the use of evidence can be restricted. 7.5 Expert Testimony Expert testimony is permitted at trial. The parties and the court on its own initiative may introduce expert testimonies. In practice, however, courts do not usu- ally introduce expert evidence of their own accord in civil cases, since the parties bear ultimate responsibil- ity for their respective claims. Experts must provide the court with a written state- ment before the main hearing so that all parties and the court can familiarise themselves with the issues discussed by the expert. While an oral examination of the expert is not mandatory, it can be conducted if the court deems it necessary or if requested by a party.
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