Code of Civil Procedure (consolidated text of April 1, 2014)

Code of Civil Procedure1

Passed 20.04.2005
RT I 2005, 26, 197
Entry into force 01.01.2006

Amended by the following legal instruments:

Passed	Published		Entry into force
15.06.2005	RT I 2005, 39, 308	01.01.2006
consolidated text on paper RT	RT I 2005, 49, 395
15.12.2005	RT I 2005, 71, 549	01.01.2006
26.01.2006	RT I 2006, 7, 42	04.02.2006
14.06.2006	RT I 2006, 31, 235	01.09.2006
11.10.2006	RT I 2006, 48, 360	18.11.2006
15.11.2006	RT I 2006, 55, 405	01.01.2007
23.11.2006	RT I 2006, 55, 412	01.01.2007
06.12.2006	RT I 2006, 61, 457	01.01.2007
24.01.2007	RT I 2007, 12, 66	25.02.2007
25.01.2007	RT I 2007, 16, 77	01.01.2008
17.01.2008	RT I 2008, 7, 52	01.01.2009
09.04.2008	RT III 2008, 16, 105	09.04.2008
11.06.2008	RT I 2008, 28, 180	15.07.2008
19.06.2008	RT I 2008, 29, 189	01.07.2008
10.12.2008	RT I 2008, 59, 330	01.01.2009
20.05.2009	RT I 2009, 30, 177	01.07.2010
21.05.2009	RT I 2009, 30, 178	01.10.2009
18.11.2009	RT I 2009, 59, 385	01.01.2010
18.11.2009	RT I 2009, 60, 395	01.07.2010
15.12.2009	RT III 2009, 60, 440	15.12.2009
16.12.2009	RT I 2009, 67, 460	01.01.2010
09.12.2009	RT I 2009, 68, 463	10.01.2010
20.01.2010	RT I 2010, 8, 35	01.03.2010
22.04.2010	RT I 2010, 19, 101	01.06.2010
22.04.2010	RT I 2010, 20, 103	01.07.2010
22.04.2010	RT I 2010, 22, 108	01.01.2011, enters into force on the date which has been determined in the Decision of the Council of the European Union regarding the abrogation of the derogation

Passed	Published	Entry into force established in respect of the Republic of Estonia on the
		basis provided for in Article 140 (2) of the Treaty on the Functioning of the European Union, Council Decision 2010/416/EU of 13 July 2010 (OJ L 196, 28.07.2010, pp. 24–26).
12.05.2010	RT I 2010, 26, 128	14.06.2010
17.06.2010	RT I 2010, 38, 231	01.07.2010
17.11.2010	RT I, 06.12.2010, 1	05.04.2011
25.11.2010	RT I, 21.12.2010, 1	31.12.2010
16.12.2010	RT I, 30.12.2010, 2	01.01.2011
27.01.2011	RT I, 23.02.2011, 1	01.09.2011
17.02.2011	RT I, 14.03.2011, 2	18.06.2011
12.04.2011	RT I, 21.04.2011, 16	12.04.2011 Decision of the Supreme Court en banc declares

to be in conflict with the Constitution and repeals the first
sentence of subsection 183 (1) of the Code of Civil Procedure in the part that it excludes the provision of procedural assistance in a civil proceeding to Estonian legal persons in private law not satisfying the criteria specified in this provision for the release, in part or in full, from payment of the state fee on the appeal.
14.04.2011 RT I, 21.04.2011, 17 14.04.2011 Decision of the Supreme Court en banc declares to be in conflict with the Constitution and repeals clause
182 (2) 3) of the Code of Civil Procedure in the part that it excludes the provision of procedural assistance to natural persons for the release, in part or in full, from payment of the state fee on the appeal if the proceeding concerns the economic or professional activity of the person requesting procedural assistance and is not related to his or her rights which are not connected to his or her economic or professional activity.
01.11.2011 RT I, 10.11.2011, 5 01.11.2011 Decision of the Constitutional Review Chamber of the Supreme Court declares to be in conflict with the Constitution and repeals clause 182 (2) 3) of the Code of Civil Procedure in the part that it excludes the provision of procedural assistance to natural persons for the release, in part or in full, from payment of the state fee on recourse to the court if the proceeding concerns the economic or professional activity of the person requesting procedural assistance and is not related to his or her rights which are
not connected to his or her economic or professional activity.
07.12.2011 RT I, 28.12.2011, 1 01.01.2012

Passed 06.06.2012	Published RT I, 29.06.2012, 3	Entry into force 01.01.2013, partially 01.07.2012
14.06.2012	RT I, 04.07.2012, 1	01.08.2012
14.11.2012	RT I, 06.12.2012, 1	01.01.2013
05.12.2012	RT I, 21.12.2012, 1	01.03.2013, partially 01.01.2013
13.03.2013	RT I, 22.03.2013, 9	01.04.2013, partially 01.01.2014
20.03.2013	RT I, 05.04.2013, 1	15.04.2013
26.09.2013	RT I, 09.10.2013, 1	28.10.2013
11.12.2013	RT I, 23.12.2013, 1	01.01.2014, partially 01.01.2020
21.01.2014	RT I, 31.01.2014, 6	01.02.2014, partially 01.04.2014 and 01.07.2014
04.02.2014	RT I, 06.02.2014, 13	04.02.2014 - The decision of the Supreme Court en banc

declares subsection 125¹ (2) of the Courts Act and
subsection 174 (8) of the Code of Civil Procedure in the part pursuant to which the procedure expenses in a civil proceeding may be determined by a judicial clerk to be in conflict with the Constitution and repealed.
19.02.2014 RT I, 13.03.2014, 3 01.01.2018, partially 23.03.2014 and 01.01.2016

Part 1 GENERAL PROVISIONS

Chapter 1 GENERAL PRINCIPLES OF PROCEDURE

§ 1. Administration of justice in civil matters

A civil matter is heard pursuant to civil procedure unless otherwise provided by law. A civil matter is a case arising from a private law relationship.

§ 2. Purpose of civil procedure

The purpose of civil procedure is to guarantee adjudication of civil matters by the court justly, within a reasonable period of time and at the minimum possible cost.

§ 3. Right of recourse to courts

(1) The court conducts proceedings in a civil matter if a person files a claim with the court pursuant to the procedure provided by law for the protection of the person's alleged right or interest protected by law.
(2) In the cases prescribed by law, the court also conducts proceedings in a civil matter if a person files a claim with the court for the protection of a presumed right or interest protected by law of another person or the public.
(3) In the cases prescribed by law, pre-trial proceedings shall be conducted in the matter before a person may have recourse to the court.

§ 4. Disposal of procedural rights

(1) The court conducts proceedings in a civil matter only if an action or other petition has been filed pursuant to the procedure provided by law. In the cases provided by law, the court conducts proceedings in a civil matter at its own initiative.
(2) In an action, the parties determine the object of the dispute and the process of the proceedings, and decide on the submission of petitions and filing of appeals.
(3) Parties may terminate an action by judicial compromise. The plaintiff may withdraw the filed claim and the defendant may admit the claim filed against the defendant.
(4) During proceedings, the court shall take all possible measures to settle a matter or a part thereof by a compromise or in another manner by agreement of the parties if this is reasonable in the opinion of the court. For such purpose, the court may, among other, present a draft of a compromise contract to the parties or request that the parties appear before the court in person, or propose that the parties settle the dispute out of court or call upon the assistance of a conciliator. If, in the opinion of the court, it is necessary in the interests of adjudication of the matter, considering the circumstances of the case and the process of the proceedings, it may order the
parties to participate in the conciliation proceeding provided for in the Conciliation Act. [RT I 2009, 59, 385 - entry into force 01.01.2010]

§ 5. Conduct of proceedings based on submissions by parties

(1) Proceedings are conducted in an action on the basis of the facts and petitions submitted by the parties, based on the claim.
(2) The parties have equal rights and opportunities in substantiating their claims, and to refute or contest the submissions of the opposing party. A party may choose the facts submitted in order to substantiate the claim thereof as well as the evidence intended for proof of such facts.
(3) In matters on petition, the court itself ascertains the facts and takes the necessary evidence unless otherwise prescribed by law. In matters where an action is filed, the court itself ascertains the facts and takes the necessary evidence only in the cases prescribed by law.

§ 6. Law applicable at time of proceeding

A procedural act in a civil matter is performed pursuant to the law in force at the time of performance of the act.

§ 7. Administration of justice on basis of equality

In the administration of justice in civil matters, the parties and other persons are equal before the law and the court.

§ 8. Law applicable to conduct of proceedings in matter

(1) The conduct of proceedings in a matter by the court is based on the Estonian civil procedure law.
(2) In the absence of a provision of law regulating a procedural relationship, the court applies a provision which regulates a relationship similar to the relationship under dispute.
(3) In the absence of a provision of law regulating a relationship similar to the relationship under dispute, the court is guided by the general purpose of law. The fundamental rights and freedoms of a person may be restricted only if the possibility therefor is prescribed by law.

Chapter 2 COURTS COMPETENT TO ADJUDICATE CIVIL MATTERS

§ 9. Competent courts

(1) County courts, circuit courts and the Supreme Court are competent to adjudicate civil matters.
(2) By agreement of the parties, a civil matter may be referred to an arbitral tribunal unless otherwise provided by law.
(3) A civil matter is not heard by a higher court before it has been heard by the directly lower court unless otherwise provided by law.

§ 10. Restricted competence of court in respect of extra-territorial persons

The jurisdiction of the courts of the Republic of Estonia does not extend to:
1) the members of foreign diplomatic representations established in the Republic of Estonia, their family members and private servants, to the extent prescribed by the Vienna Convention on Diplomatic Relations (RT II 2006, 16);
[RT I 2008, 59, 330 - entry into force 01.01.2009]
2) the members of consular posts, to the extent prescribed by the Vienna Convention on
Consular Relations (RT II 2006, 16);
[RT I 2008, 59, 330 - entry into force 01.01.2009]
3) the persons not specified in clauses 1) or 2) of this section if this arises from international agreements, generally recognised principles of international law or an Act.

§ 11. Jurisdiction of county court

(1) County courts as courts of first instance hear all civil matters.
(2) Hearing of certain types of matters by only certain county courts may be provided by an Act if this expedites the hearing of matters or otherwise renders it more effective.

§ 12. Jurisdiction of circuit court

A circuit court reviews the decisions made in civil matters by the county courts within its territorial jurisdiction on the basis of appeals and appeals against rulings filed against the decisions of the county courts. A circuit court also adjudicates other matters placed within its jurisdiction by law.

§ 13. Jurisdiction of Supreme Court

The Supreme Court reviews the decisions made in civil matters by the circuit courts on the basis of appeals in cassation and appeals against rulings filed against the decisions of the circuit courts. The Supreme Court also adjudicates petitions for the review of court decisions in force and, in the cases provided by law, appoints a court with the appropriate competence to adjudicate a matter, and adjudicates other matters placed within its jurisdiction by law.

§ 14. Validity of procedural acts

(1) A court may perform procedural acts and, among other, hold a court session outside of its territorial jurisdiction.
(2) The validity of a procedural act is not influenced by the fact that, based on the division of tasks, such act should have been performed by another judge or panel.
(3) In the cases prescribed by law, a procedural act of a collegial court panel may also be performed by one judge acting on the basis of an order. A judge acting on the basis of an order shall be a member of the panel entitled to perform that procedural act. The panel may amend the ruling made by the judge acting on the basis of an order.

§ 15. Procedural assistance between courts in performance of procedural acts

(1) Upon adjudication on civil matters, courts provide each other assistance in the performance of procedural acts. A court requests assistance from another court above all in the cases where the performance of a procedural act in the other court would facilitate the hearing of a matter, save the time of the participants in the proceeding and the court or reduce procedural expenses.
(2) A court requesting procedural assistance submits a request to the court within whose territorial jurisdiction the procedural act is to be performed.
(3) The court which receives a request for assistance (court acting based on a letter of request) shall not refuse to provide assistance unless the performance of the act would be illegal. If a letter of request has been submitted to a court of incorrect jurisdiction, such court forwards the letter to the appropriate court.
(4) The court who submits a letter of request does not cover the costs of the procedural act. The court which performs a procedural act presents information concerning the expenses to the court who submitted the letter of request, and such expenses are deemed to be expenses relating to the matter being heard.
(5) Unless otherwise provided by law or an international agreement, an Estonian court provides procedural assistance in performance of a procedural act at the request of a foreign court if, pursuant to Estonian law, the requested procedural act belongs to the jurisdiction of the Estonian court and is not prohibited by law. A procedural act may also be performed or a document may be issued pursuant to the law of a foreign state if this is necessary for the conducting of proceedings in the foreign state and the interests of the participants in the proceeding are not damaged thereby.
(6) The provisions of this Code apply to the assistance for taking of evidence in Estonia on the basis of requests by courts of Member States of the European Union and to the assistance for taking of evidence in Member States of the European Union on the basis of requests by Estonian courts in so far as not otherwise provided by the provisions of Council Regulation 1206/2001/EC relating to co-operation between the judicial authorities of the Member States in the taking of evidence in civil and commercial matters (OJ L 174, 27.06.2001, pp. 1–24).
(7) The rights and obligations in the regulation of cross-border judicial cooperation in civil matters imposed upon Member States by regulations adopted on the basis of Article 61(c) of the Treaty establishing the European Community shall be performed by the Ministry of Justice.

Chapter 3 COURT PANEL

§ 16. Panel of county court in adjudication of civil matters

(1) A county court adjudicates civil matters by a judge sitting alone. (2) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 17. Panel of circuit court in adjudication of civil matters

(1) A circuit court adjudicates civil matters collegially, by a panel of three judges, unless otherwise prescribed by law.
(2) Upon hearing a matter by way of appeal procedure, the chairman of a circuit court has the right to include a county judge of the same circuit in the panel of the circuit court with his or her consent. The included judge shall not act as the presiding judge in the matter or report on the case.

§ 18. Panel of Supreme Court in adjudication of civil matters

(1) The Supreme Court adjudicates civil matters collegially, by a panel of at least three judges, unless otherwise prescribed by law.
(2) If a panel of the Supreme Court hearing a matter has fundamentally differing opinions concerning the interpretation and application of the law, the matter is referred for adjudication to the full panel of the Civil Chamber of the Supreme Court. The panel may also refer a civil matter for adjudication to the full panel of the Civil Chamber of the Supreme Court if, in the opinion of the panel, this is necessary in the interests of harmonisation and development of judicial practice.
(3) A session of the full panel of the Civil Chamber of the Supreme Court is summoned and presided over by the chairman of the Civil Chamber of the Supreme Court or, in his or her absence, by the member of the Civil Chamber who is senior in office or, in the case of equal seniority in office, by the member who is senior in age.
(4) A session of the full panel of the Civil Chamber of the Supreme Court has a quorum if more than two-thirds of the members of the Civil Chamber of the Supreme Court participate.

§ 19. Special Panel of Supreme Court and Supreme Court en banc

(1) If a panel of the Supreme Court adjudicating a civil matter deems it necessary to derogate, in the interpretation of law, from the most recent position of another Chamber or the Special Panel of the Supreme Court, the matter is referred for adjudication to the Special Panel of the Supreme Court by a ruling.
(2) The Special Panel of the Supreme Court is formed by the Chief Justice of the Supreme
Court.
(3) The members of the Special Panel of the Supreme Court are:
1) the Chief Justice of the Supreme Court as the presiding judge;
2) two justices from the Civil Chamber of the Supreme Court;
3) two justices from such chamber of the Supreme Court whose position concerning the application of the law is contested by the Civil Chamber.
(4) A civil matter is referred to the Supreme Court en banc if:
1) the majority of the full panel of the Civil Chamber reach a different opinion than the legal principle or position hitherto held by the Supreme Court en banc on the application of law;
2) the majority of the full panel of the Civil Chamber consider the adjudication of the matter by the Supreme Court en banc to be essential for the uniform application of law;
3) the adjudication of the matter presumes the adjudication of an issue to be reviewed under the
Constitutional Review Court Procedure Act.
(5) A matter referred to the Special Panel of the Supreme Court and the Supreme Court en banc is reported on to the Supreme Court en banc by a member of the Civil Chamber on the order of the chairman of the Chamber.
(6) Compliance with a decision of the Special Panel is mandatory for the Chambers of the Supreme Court which participated in the Special Panel in the application of law until the Special Panel or the Supreme Court en banc makes a different decision. A position of the Supreme Court en banc is mandatory for the Chambers and Special Panels of the Supreme Court in the application of law unless the Supreme Court en banc itself changes the position.

§ 20. Members of panel participating in making of decision

(1) If the composition of a panel of the court changes during the hearing of a matter, the matter is re-heard from the beginning. If the previous panel of the court has taken and examined evidence, the new panel is not required to repeat this act unless the parties apply therefor.
(2) If a proceeding is likely to extend over a lengthy period of time, the chairman of the court hearing the matter may involve a judge of the same court as a reserve judge in the proceeding. A reserve judge is present at the hearing of the matter and replaces the judge hearing the matter if he or she is prevented from attending.
(3) Petitions filed with the same court after the making of a decision on a matter, primarily petitions for the correction of mistakes in the decision, making of an additional decision, limiting of publication of the decision, immediate enforcement of the decision, refusal to review an application or terminating of the proceeding, need not be adjudicated by the judge that has made the decision.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 21. Confidentiality of deliberations

(1) Besides the judges adjudicating a matter, persons who are present in the court due to a
reason related to their acquisition of higher education in law or persons employed by that court in
the capacity of an adviser and judicial candidates undergoing in-service training with that court may be present at the deliberations and voting of the court with the court's permission unless there is reason to doubt their impartiality.
(2) A judge or another person specified in subsection (1) of this section shall not disclose the contents of the discussions which take place during the deliberations. The duty to maintain the confidentiality of deliberations applies for an unspecified term.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 22. Voting in collegial court panel and dissenting opinion of judge

(1) A collegial court panel adjudicates the dissenting opinions relating to a civil matter by voting.
(2) A judge does not have the right to abstain from voting or to remain undecided. In the event of voting on a series of issues, a member of the court panel who has maintained a minority position does not have the right to abstain from voting on a subsequent issue.
(3) Upon an equal division of votes, the vote of the chair governs.
(4) A judge who maintains a minority position may present a dissenting opinion. A dissenting opinion which is appended to a court decision is published together with the court decision. [RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 221. Competence of assistant judges and other court officials in adjudication of civil matters

(1) In the cases provided by law, a civil matter may also be adjudicated by an assistant judge, instead of a judge.
(2) The provisions of subsections 595 (2)–(4) of this Code apply to the competence of assistant judges and removal thereof.
(3) An assistant judge or another competent court official according to the internal rules of the court may also make a ruling in preparation of adjudicating a matter or other rulings of organisational nature which are not subject to appeal, including a ruling on refusal to accept an application, petition or appeal and a ruling on setting or extension of a term.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 4 CIRCUMSTANCES PRECLUDING PARTICIPATION IN PROCEEDINGS

§ 23. Obligation of judge to remove himself or herself

A judge shall not adjudicate a civil matter and shall remove himself or herself in the following cases:
1) in a matter in which he or she is a participant in the proceeding or a person against whom a
claim arising from the proceeding may be filed;
2) in a matter of his or her spouse or cohabitee, and in a matter of a sister, brother or direct blood relative of his or her spouse or cohabitee even if the marriage or permanent cohabition has
ended;
3) in a matter of a person who is his or her direct blood relative or other person close to him or her as defined in subsection 257 (1) of this Code;
4) in a matter in which he or she is or has been a representative or adviser of a participant in the proceeding or in which he or she participated or had the right to participate as the legal representative of a participant in the proceeding;
5) in a matter in which he or she has been heard as a witness or expert providing an opinion;
6) in a matter in which he or she participated in pre-trial proceedings, in the preceding court instance or in making a decision in arbitration proceedings;
7) if any other circumstances exist which give reason to doubt the impartiality of the judge. [RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 24. Removal of judge based on petition of challenge by participant in proceeding

(1) The removal of a judge may be requested by a participant in a proceeding in the cases prescribed in § 23 of this Code.
(2) A petition of challenge is submitted to the court to a panel of which the judge whose removal is requested belongs.
(3) The basis for removal shall be substantiated in the petition of challenge.

§ 25. Loss of right to remove judge

(1) In the case prescribed in clause 23 7) of this Code, a participant in a proceeding has no right to submit a petition of challenge if he or she has participated in a court session or, after becoming aware of the name of the judge, has submitted a petition on the merits of the matter without having submitted a petition of challenge.
(2) In the case specified in subsection (1) of this section, a participant in the proceeding has the right to submit a petition of challenge later, provided that the basis for removal was created only after the performance of the procedural act or the participant in the proceeding became aware of such basis only after the procedural act had been performed. Such circumstances shall be substantiated in the petition.
(3) A petition of challenge which has already been submitted under the same circumstances and has been adjudicated shall not be heard.

§ 26. Adjudication of petition of challenge

(1) If the judge or court panel concerning whom a petition of challenge has been submitted considers the petition to be justified, it makes a ruling on removing themselves.
(2) If the judge does not remove himself or herself and does not form a position concerning the petition of challenge, the petition is adjudicated by a ruling of the court panel to which the judge whose removal is requested belongs. The judge whose removal has been requested does not participate in deciding such matter. Upon an equal division of votes, the judge whose removal was requested is deemed to be removed.
(3) If a petition of challenge was submitted for removal of the entire panel adjudicating a matter or a judge sitting alone and the panel or judge fail to remove themselves, the matter of removal is adjudicated by the chairman of the court. If a petition of challenge is submitted against all the judges of the court, the removal is decided by the chairman of the court of the following
instance.
(4) If a petition of challenge is submitted against the entire panel of the Supreme Court adjudicating a matter, the petition of challenge is adjudicated by such panel.
(5) If a judge does not remove himself or herself on the basis of a petition of challenge, he or she shall immediately inform the court or judge competent to adjudicate the removal about his or her position concerning the basis for removal.

§ 27. Removal without petition of challenge

(1) If a judge himself or herself finds that a circumstance specified in clauses 23 1)–6) of this Code which provide basis for his or her removal exists, the judge makes a ruling on his or her removal.
(2) If a judge himself or herself finds that a circumstance specified in clause 23 7) of this Code which provides basis for his or her removal exists, the judge requests his or her removal, pursuant to the procedure prescribed in subsections 26 (2)–(5) of this Code, from the court panel or chairman of the court.
(3) An unjustified refusal to administer justice is prohibited.

§ 28. Acts of judge whose removal is requested

(1) After the submission and before the adjudication of a petition of challenge against a judge, the judge may only perform procedural acts in the matter which cannot be postponed and which are of no determinative importance with regard to the decision on the matter.
(2) If a petition of challenge is clearly unfounded, the judge may continue the proceedings regardless of the submission of the petition but is prohibited, before the petition of challenge has been adjudicated, from making a decision which terminates the proceeding in that court instance. If a proceeding was continued after submission of a petition of challenge and the petition is satisfied, the procedural acts performed after submission of the petition are deemed to be void.

§ 29. Substitution of judge

(1) A removed judge is replaced at the earliest opportunity.
(2) In the case of removal of a judge or the entire court panel, the matter is heard by another judge or panel of the same court. If a judge cannot be replaced in the court hearing the matter, the matter is referred to another court of the same level through the directly higher court.

§ 30. Relying on basis of removal in appeal

The annulment of a decision due to failure to remove a judge may be applied for in an appeal filed with a higher court only if the petition of challenge was submitted to the lower court on time or if the basis for removal was created or became evident after the adjudication of the matter in such court.

§ 31. Removal of expert, interpreter or translator

(1) Upon existence of the basis specified in § 23 of this Code, an expert, interpreter or translator shall remove themselves and a participant in the proceeding may remove an expert, interpreter or translator participating in the proceeding. Earlier participation of a person in the matter as an expert or witness is not a basis for removal.
(2) A petition of challenge is submitted to the court which appointed the expert or involved the interpreter or translator before the questioning of the expert or the procedural act which requires the presence of the interpreter or translator begins.
(3) A petition of challenge submitted after the questioning of an expert or the procedural act requiring the presence of the interpreter or translator have begun, or more than 15 days after the date on which the name of the expert, interpreter or translator becomes known, is heard only if the petitioner is able to provide the court with good reason for failing to inform the court of the existence of a basis for removal at an earlier time.
(4) The basis for removal shall be substantiated in the petition of challenge.
(5) The court hearing the matter adjudicates the removal of an expert, interpreter or translator by a ruling. If a petition of challenge is submitted in a court session, the court hears the opinions of the person whose removal is requested and the participants in the proceeding.
(6) The annulment of a decision due to failure to remove an expert, interpreter or translator may be applied for in an appeal filed with a higher court only if the petition of challenge was submitted to the lower court on time or if the basis for removal became evident after the adjudication of the matter in such court.

Chapter 5 WORKING LANGUAGE OF COURTS

§ 32. Working language of courts

(1) The language of judicial proceedings and court procedure is Estonian.
(2) Minutes of court sessions and other procedural acts are prepared in Estonian. A court may also record any testimony or statement given in a court session in a foreign language in the minutes in the language in which it is given in addition to the translation thereof into Estonian if it is necessary for an accurate presentation of the testimony or statement.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 33. Documents in foreign language in judicial proceedings

(1) If a petition, request, appeal or objection submitted to the court by a participant in a proceeding is not in Estonian, the court requires that the person submitting such documents provide a translation thereof into Estonian by the set due date. If a documentary evidence submitted to the court by a participant in a proceeding is not in Estonian, the court requires that the person submitting such documents provide a translation thereof into Estonian by the set due date unless translation of the evidence is unreasonable considering its contents or volume and other participants in the proceeding do not object to accepting the evidence in another language.
(2) The court may require a translation made by a sworn translator or authenticated by a notary or caution the translator that he or she bears liability for a knowingly false translation.
[RT I, 23.12.2013, 1 - entry into force 01.01.2014]
(3) If the translation is not submitted by the due date, the court may disregard the petition, request, appeal, objection or documentary evidence.
(4) The court organises translation of a court decision into a foreign language for a participant in the proceeding only if the participant in the proceeding so requests and provided that in the proceeding the participant in the proceeding is not represented by a representative and he or she has been granted procedural assistance for bearing translation costs. If the person so requests, a court organises translation of a court decision for the person specified in subsection 34 (4) of this Code on account of the Republic of Estonia regardless of the existence of a representative or the grant of procedural assistance.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 34. Participation of interpreter or translator in proceedings

(1) If a participant in a proceeding is not proficient in Estonian and he or she does not have a representative in the proceeding, the court involves, if possible, an interpreter or translator in the proceeding at the request of such participant in the proceeding or at the initiative of the court. An interpreter or translator need not be involved if the statements of the participant in the proceeding can be understood by the court and the other participants in the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) If the court is unable to immediately involve an interpreter or translator, the court makes a ruling whereby the participant in the proceeding needing the assistance of an interpreter or translator is required to find an interpreter, translator or a representative proficient in Estonian for himself or herself. Failure to comply with the demand of the court does not prevent the court
from adjudicating the matter. If a plaintiff fails to comply with the demand of the court, the court may refuse to hear the action.
(3) Before commencing interpretation or translation in a proceeding, an interpreter or translator is cautioned that he or she bears liability for false interpretation or translation, and the interpreter or translator gives a signature to that effect.
[RT I, 23.12.2013, 1 - entry into force 01.01.2014]
(4) Provision of an interpreter or translator shall be ensured to a person in a proceeding for placement of the person in a closed institution and in a proceeding for establishment of guardianship for the person.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) An interpreter or translator is not involved in a proceeding for a contractual representative of a participant in the proceeding or for an adviser.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 35. Involvement of interpreter or translator in case of deaf, mute or deaf-mute participant in proceeding

If a participant in a proceeding is a deaf, mute or deaf-mute person, the course of the
proceeding is communicated to him or her in writing, or an interpreter or translator is involved in the proceeding.

§ 36. Oath and signature of person not proficient in Estonian

(1) A person who is not proficient in Estonian gives an oath or signature on being cautioned of his or her liability in a language in which he or she is proficient.
(2) A signature is given on the text of the oath or caution prepared in Estonian which is translated to the person directly before he or she signs it.

Chapter 6 PUBLIC PROCEEDINGS

§ 37. Public court hearings

(1) Court hearing of a matter is public unless otherwise prescribed by law.
(2) The court has the right to prohibit a person who has expressed contempt for the court and, in order to protect the interests of a minor, to prohibit the minor from attending a public hearing of a matter.

§ 38. Declaration of proceeding closed

(1) The court declares a proceeding or a part thereof closed at the initiative of the court or based on a petition of a participant in the proceeding if this is clearly necessary:
1) for the protection of national security or public order and above all, for the protection of a state secret or classified information of a foreign state or information intended for internal use; [RT I 2007, 16, 77 - entry into force 01.01.2008]
2) for the protection of the life, health or freedom of a participant in a proceeding, witness or other person;
3) for the protection of the private life of a participant in a proceeding, witness or other person unless the interest of public proceeding exceeds the interest of protection of private life;
4) to maintain the confidentiality of adoption;
5) in the interests of a minor or a mentally handicapped person and above all, for hearing such persons;
6) to protect a business secret or other similar secret unless the interest of public proceeding exceeds the interest of protection of the secret;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
7) for hearing a person obligated by law to protect the secrecy of private life of persons or business secrets if the person is entitled by law to disclose such secrets in the course of a proceeding;
8) for the protection of the confidentiality of messages transmitted by post, telegraph, telephone or other commonly used means.
(2) The court may declare a proceeding or a part thereof closed at its own initiative or based on a petition of a participant in the proceeding in a case not specified in subsection (1) of this section
if objective administration of justice would otherwise be clearly compromised or if the possibility to convince the parties to terminate the proceeding by a compromise or resolve the dispute in another manner is higher in a closed proceeding.
(3) In the cases listed in clauses (1) 2), 3) and 6)–8) of this section, the court does not declare a proceeding or a part thereof closed if the person for the protection of whose interests the proceeding or a part thereof ought to be declared closed objects thereto.

§ 39. Admitting persons to closed session

The court may permit a person who has justified interest in participating in a court session or whose presence at the session is clearly in the interests of administration of justice to be present at a closed court session. The consent of the participants in the proceeding is not required in that case.

§ 40. Procedure for declaring proceeding closed

(1) Declaration of a proceeding or a part thereof closed is heard in a closed session if this is requested by a participant in the proceeding or if the court deems it necessary.
(2) A ruling on declaring a proceeding or a part thereof closed is made public. The ruling may be pronounced in a closed session if there is reason to believe that public pronouncement could significantly disturb order in the court session.

§ 41. Obligation of participants in proceeding and persons present in court session to maintain confidentiality

(1) In a closed court session, the court cautions the participants in the proceeding and other persons present in the courtroom that the contents of the hearing held and the documents examined in a closed session must not be disclosed to the extent necessary for the protection of a right or interest specified in § 38 of this Code.
(2) In addition to the provisions of subsection (1) of this section, the court may caution, by a ruling, a person who is present in a closed court session to maintain the confidentiality of a fact which has become known to him or her in the session or from a document relevant to the matter if this is necessary to protect a right or interest specified in § 38 of this Code.
(3) The court may require the participants in the proceeding and other persons present in the courtroom to maintain the confidentiality of a fact which has become known to them in the course of the proceeding even if the proceeding has not been declared closed but maintaining
confidentiality is clearly necessary for the protection of a right or interest specified in § 38 of this
Code.
(4) A person required to maintain confidentiality may file an appeal against the ruling made in respect of the obligation specified in subsections (2) and (3) of this section.

§ 42. Transmission and recording of court session

(1) Notes may be taken at a public court session if this does not interfere with the court session. A court session may be photographed or filmed, and audio recordings, radio, television or other broadcasts may be made in a court session only with the prior consent of the court.
(2) In a closed court session, the court may decide that written notes only may be taken. (3) The court may remove a person violating the provisions of subsection (1) or (2) of this
section from the courtroom and impose a fine on him or her.

Chapter 7 SECURING OF CIVIL PROCEDURE

§ 43. Order in court session

(1) The court ensures order in a court session and organises the enforcement of rulings made in order to ensure order in a court session, including rulings on fine or detention. The participants in a proceeding and other persons present in a courtroom shall comply with the orders of the court without argument.
(2) Judges acting on the basis of a letter of request or order, or performing a procedural act outside a court session also have the obligation to ensure order provided for in this Chapter and the rights arising therefrom.

§ 44. Limitation of number of persons present in court session

The court has the right to limit the number of persons present in a court session if the courtroom is overcrowded and this interferes with hearing the matter.

§ 45. Removing of persons from court session and application of other measures to persons

(1) The court may remove a participant in a proceeding or his or her representative or adviser, or a witness, expert, interpreter, translator or another person present in the session who fails to comply with an order given to ensure order in the court session, acts in an improper manner in
the court session or expresses contempt for the court or for other participants in the proceeding.
(2) The court may remove from a proceeding a representative or adviser of a participant in the proceeding or to prohibit the person from making statements if the representative or adviser is not able to act in the court in accordance with the requirements, including due to inadequate language proficiency, or, in the course of the court proceeding, has shown himself or herself as dishonest, incompetent or irresponsible, or if the person has, in bad faith, obstructed the just and expeditious hearing of the matter at the minimum possible cost or has repeatedly failed to comply with the orders of the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) If a participant in a proceeding or his or her representative is removed from a court session, the hearing of the matter may be continued in a manner equal to a situation where a participant in a proceeding or his or her representative leaves the session voluntarily. A representative of a participant in a proceeding is considered to have left the session even if he or she is removed
from the proceeding or he or she is prohibited from making statements in the proceeding in accordance with the provisions of subsection (2) of this section.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) The court has the right to impose a fine or detention of up to seven twenty-four hour periods on a person who conducts himself or herself in the manner specified in subsection (1) of this section or on a participant in a proceeding or a representative or adviser thereof who has, in bad faith, obstructed the just and expeditious hearing of the matter at the minimum possible cost or who has repeatedly failed to comply with the orders of the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) If a participant in a proceeding is not present in the court session or performance of a procedural act, the court immediately informs him or her of application of the provisions of subsections (1)–(4) of this section to his or her representative and proposes that he or she select a new representative by the date set by the court. The court also informs the Estonian Bar Association or another professional association to which the advocate belongs of application of
the provisions of subsections (1)–(4) of this section to an advocate. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(6) If elements of a criminal offence become evident in court in the conduct of a participant in a proceeding or another person, the court files a report on the criminal offence with the Prosecutor's Office or the police. If necessary, the court detains such person based on a ruling.

§ 46. Imposition of fines

(1) In the cases provided by this Code where the court has the right to impose a fine, such fine may be imposed to the extent of up to 3,200 euros unless otherwise prescribed by this Code. In determining the amount of a fine, the court takes the financial situation of the person and other circumstances into consideration.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(11) Instead of or in addition to a minor, a fine may be imposed on his or her parents or guardians. Instead of an adult with restricted active legal capacity, a fine may be imposed on his or her guardians. No fine is imposed on minors under 14 years of age and persons with restricted active legal capacity.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) A fine may be imposed on a person only after a warning of a fine has been given to him or her, unless the giving of a prior warning is not possible or reasonable.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) A fine imposed on a person for non-performance of an obligation does not release the person from performing the obligation. If an obligation is not performed after the imposition of a fine, a new fine may be imposed.
(4) A transcript of a ruling whereby a fine is imposed is immediately served on the person fined or the representative thereof.

§ 47. Detention and compelled attendance

(1) The court may, by a court ruling, impose detention in a civil proceeding in the cases prescribed by law if the court has warned the person that detention may be imposed.
(2) In the cases where collection of a fine is impossible, the fine may be substituted by detention of up to three months. Substitution of a fine by detention may already be prescribed by the ruling which imposes a fine. Upon substitution of a fine by detention the provisions of § 72 of the Penal Code and § 201 of the Code of Enforcement Procedure apply. If the person fined pays the fine,
he or she is released from detention.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) Detention is served at a house of detention of the location of the court that made the ruling or of the residence of the detained person under the conditions provided for in the Imprisonment Act.
(4) The court may, by a ruling, impose compelled attendance by police escort on a person in the cases prescribed by law if the court has warned the person that compelled attendance may be imposed.
(5) In order to enforce a ruling on compelled attendance, a person may be detained for up to 48 hours before the beginning of a court session. Unless otherwise provided by this Code, the provisions of subsections 139 (3)–(5) of the Code of Criminal Procedure apply to compelled attendance.

§ 48. Appeal against ruling on fine or detention

A person on whom a fine or detention is imposed may file an appeal against the ruling on fine or detention specified in this Chapter.

Chapter 8 MINUTES

§ 49. Taking minutes of procedural acts

(1) Minutes are taken of court sessions and, in the cases provided by law, also of other procedural acts. The same applies to procedural acts performed by the court based on an order or letter of request.
[RT I 2006, 7, 42 - entry into force 04.02.2006]
(2) The minutes are taken by the clerk of the court session or another competent court official in conformity with the internal rules of the court or the judge during the court session or the performance of another procedural act. If the minutes are taken by the clerk of the court session or another competent court official in conformity with the internal rules of the court, it enters the information specified in clauses 50 (1) 6)–9) and subsection 50 (2) of this Code in the minutes only in accordance with the summary made by the judge.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) Minutes are taken of sessions of the Supreme Court to the extent the court considers necessary.

§ 50. Content of minutes

(1) Minutes of a procedural act shall reflect the essential course of the procedural act and other circumstances relevant to the adjudication or possible appeal in the matter. The minutes set out:
1) the time and location of performance of the procedural act, and a short description and number of the matter;
2) the name of the court hearing the matter and the names of the judges, court reporters, interpreters and translators;
3) the type of the matter;
4) information on attendance of the participants in the proceeding and their representatives, and witnesses and experts;
5) information on whether or not the proceeding is public;
6) the petitions and requests of the participants in the proceeding;
7) the admission of claim, discontinuance of action or compromise;
8) the essential content of the claims and objections of the parties and other participants in the proceeding to the extent this is not reflected in the written documents submitted to the court;
9) the essential content of the statements of the participants in the proceeding given under oath, testimonies of witnesses, oral replies of experts and inspection results;
10) the directions of the court and decisions made in the session;
11) the time of making the decision public;
12) discontinuance of appeal against decision;
13) the date the minutes are signed.
(2) At the request of a participant in a proceeding, a fact or position presented in the matter is included in the minutes. The court may refuse, by a ruling, to satisfy the request if the fact or position clearly has no relevance to the matter.
(3) A procedural document is deemed to be equal to the taking of minutes if such document is appended to the minutes and a reference thereto is made in the minutes.

§ 51. Preparation of minutes

(1) Minutes are prepared in typewritten form or are recorded on a digital data medium in a court session in a format which allows the reproduction of the minutes in writing. Initially, the minutes may also be prepared otherwise in a session, including by taking notes or dictating, but the minutes shall be brought into the format specified in the first sentence of this subsection by the time of signing the minutes.
(2) The technical requirements for digital minutes, for the format of objections submitted regarding such minutes and for signing the minutes shall be established by a ruling of the Minister of Justice.
[RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 52. Recording of procedural act

(1) A court session or other procedural act may be initially recorded, in full or in part, on audio, video or other data media. In such case, the minutes shall be prepared immediately after the court session or performance of other procedural act.
(2) The minutes contain only an indication concerning the recorded statements of witnesses, experts and participants in the proceeding and recorded inspection results unless, in the course of the proceeding, taking of minutes of the essential contents of the recordings is demanded by a party or the court deems it necessary.
(3) The recording is included in the file.

§ 53. Submission of objections to minutes and correction of minutes

(1) The content of the statements of the participants in the proceeding given under oath, statements of witnesses and replies and responses of experts which are entered in the minutes are immediately made public in a court session, unless such person and the participants in the proceeding who have participated in the session agree that the content entered in the minutes is not made public in the court session and the court does not consider it necessary either. Corrections are made to the minutes on the basis of objections by the relevant person if the court consents thereto. Any objections to which the court does not consent are entered in the minutes
or appended thereto.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) Participants in a proceeding have the right to examine the minutes and submit requests for correction of the minutes within three working days after signing the minutes. The court notifies the participants in a proceeding of the time of signing the minutes and forwards the minutes to them electronically immediately after signing thereof if the participant in the proceeding has provided his or her e-mail address to the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) If, in the case specified in subsection (2) of this section, a participant in a proceeding submits a request for correction of the content of the minutes, the court seeks the position of the other participants in the proceeding on the issue. If necessary, the court organises a court session for adjudicating the request. Absence of a participant in the proceeding from the session does not prevent the adjudication of the request.
(4) In the case the court consents to a request for correction of the minutes specified in subsection (2) of this section, the court makes the corrections to the minutes. Any objections to which the court does not consent are entered in the minutes or appended thereto.
(5) If the content of the minutes is recorded, the person whose statements were recorded may immediately examine the recording and submit any objections thereto. If the court consents to the objection, the statement, testimony or answer is recorded in a new wording. If the court does not consent to the objection, the content of the objection is recorded.
(6) Upon taking minutes of a procedural act, the court explains the rights specified in subsections (1)–(5) of this section to the persons who have the right to submit objections to the minutes.
(7) Indication is made in the minutes concerning examination of the minutes or the recordings, or on waiving such right, and on approving the content of the minutes or filing objections thereto.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 54. Signing of minutes

(1) The minutes are signed by the judge. If a collegial court panel participates in the
performance of a procedural act, the minutes are signed by the presiding judge. If the minutes are prepared by the clerk of the court session or another competent person, such person also signs
the minutes.
(2) If the presiding judge is unable to sign the minutes, another member of the court panel signs the minutes instead of him or her. If a judge sitting alone in performing a procedural act is unable to sign the minutes and the minutes were prepared by the clerk of the court session or another competent person, signature of the minutes by the person who prepared the minutes is sufficient. The reason for failure to sign the minutes is indicated in the minutes.
(3) Digital minutes are signed digitally or in another technically secure manner.

§ 55. Probative value of minutes

Violation of the procedural rules in a court session or of other procedural acts of which minutes have been taken can be proven only on the basis of the minutes. The only objection that can be filed to the minutes is the objection concerning the falsification of the minutes.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 9 FILE

§ 56. File in civil matter

(1) The court keeps a file on each civil matter which includes, in chronological order, all procedural documents and other documents relevant to the matter of all the levels of the proceeding, including minutes and court decisions. In the cases prescribed by law, other objects relevant to the proceeding are included in the file.
(2) A file is kept in the form of a collection of written documents.
(3) An electronic document sent to or prepared by the court is stored in the file in the form of a printout together with information concerning the person who prepared the document and made the printout as well as the time of preparation of the document and sending of the document to the court and of making the printout. An electronic document may also be included in the file in the form of a recording in the information system of the court or on a digital data medium if preservation of such copy of the document in the information system of the court is guaranteed. [RT I 2009, 67, 460 - entry into force 01.01.2010]

§ 57. Digital file

(1) A file may be maintained, in whole or in part, in digital form.
(2) In such case, the documents submitted on paper are recorded on a digital or other similar data medium and such data media substitute for the documents submitted on paper. A document recorded on such data medium shall include the date on which the document on paper was recorded on the data medium and the data on the person who made the recording and shall be digitally signed by him or her.
(3) If necessary, the documents submitted on paper are preserved until the end of the proceeding in the case specified in subsection (2) of this section.

§ 58. Archiving of files

(1) If a proceeding has been terminated by a decision which has entered into force, the county court which conducted the proceeding in the matter archives the file.
(2) The file and the procedural documents contained therein are preserved after the end of a proceeding only as long as this is necessary in the interests of the participants in the proceeding or other persons, or in the public interest.

§ 59. Examination of file

(1) The participants in a proceeding have the right to examine the file and obtain transcripts of procedural documents contained therein.
(11) The court may restrict the right of a participant in a proceeding to examine the file and obtain transcripts thereof if this would be clearly contrary to a significant interest of another participant in the proceeding or any other person. The right of the parties to an action to examine the file and obtain transcripts thereof shall not be restricted.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) Other persons have the right to examine the file during actions and obtain transcripts of procedural documents contained in the file only with the consent of the parties. A representative of a competent state agency may examine a file and obtain transcripts of procedural documents with the permission of the chairman of the court conducting the proceeding in the matter, even without the consent of the parties, if the state agency substantiates its legal interest in examining the file and obtaining the transcripts.
(3) If the proceeding in a matter has ended with a decision which has entered into force, other persons may examine the file and obtain transcripts of procedural documents with the permission of the county court which has conducted the proceeding in the matter, even without the consent
of the parties, if they substantiate their legitimate interest in examining the file and obtaining the transcripts. Files of matters heard in closed proceedings shall not be examined in such manner.
(4) Unless otherwise prescribed by law, other persons may examine the file and obtain transcripts of procedural documents in matters on petition only with the permission of the court which has conducted or is conducting the proceeding in the matter if they substantiate their legitimate interest in examining the file and obtaining the transcripts. Procedural documents
pertaining to adoption may be examined only with the permission of the adoptive parent and the adult child.
(5) Electronic procedural documents and documents recorded on digital or other data media may be examined on the basis provided in subsections (1)–(4) of this section only in a manner which guarantees intactness of the data media. An electronic transcript, printout or extract may also be obtained from a procedural document.
(51) A notation is made in the file concerning the examination of a file by a participant in a proceeding or his or her representative.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(52) At the request of a participant in a proceeding or his or her representative, a data medium used in the matter as evidence and containing state secrets or classified information of foreign states, which is not annexed to the file, is presented to him or her for examination pursuant to the procedure provided by the State Secrets and Classified Information of Foreign States Act. A notation is made in the file concerning the examination of a data medium containing a state
secret or classified information of a foreign state. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(6) A ruling on refusal to grant permission to examine a file is made by a judge or assistant judge. An appeal may be filed against such ruling. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 60. Restoration of file

(1) If the file of a civil matter is destroyed or otherwise lost, the court may restore the file based on a petition of a participant in the proceeding or at its own initiative.
(2) In the proceeding for restoration of a file, the court requires submission of detailed information and documents or transcripts thereof concerning the matter from the participants in the proceeding.
(3) In the restoration of a file, the court uses the preserved parts of the file, documents issued in the matter prior to the loss of the file or transcripts thereof and other evidence relevant to the matter.
(4) Persons who were present at the procedural acts, persons who were members of the court panel hearing the matter or persons who enforced the judgment may be heard as witnesses by the court.
(5) The court decides the restoration of a lost file by a ruling in a proceeding on petition.
(6) A lost file is restored in full or in the part which is deemed necessary by the court. If a lost file is being restored, the court decision by which the proceeding terminated or the ruling on
termination of the proceeding or on refusal to hear the matter shall be restored if such decision or ruling was made in the matter.
(7) If the gathered information and documents are not sufficient for the restoration of a lost file, the court terminates the proceeding for the restoration of the file by a ruling.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(8) In a matter concerning the restoration of a lost file, the petitioner is released from the payment of legal costs.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 601. E-file proceedings information system

(1) E-file proceedings information system (hereinafter e-file system) is a database belonging to the state information system which is maintained for processing proceedings information and personal data in civil proceedings and the purpose of which is:
1) to provide an overview of civil matters in which proceedings are conducted by the courts;
2) to reflect information concerning the acts made in the course of civil proceedings;
3) to enable the organisation of work of the courts;
4) to ensure the collection of court statistics necessary for making legal policy decisions;
5) to enable the electronic sending of information and documents.
(2) The following are entered in the database:
1) information concerning civil matters in which proceedings are conducted or have been terminated;
2) information concerning the acts made in the course of civil proceedings;
3) digital documents in the cases provided for in this Code;
4) information concerning the body conducting the proceedings, participants in the proceedings and parties involved in the proceedings;
5) court decisions.
(3) The e-file system shall be established and the statutes thereof shall be approved by the Government of the Republic. The Government of the Republic may establish the time and conditions of and the procedure for transition to the e-file system by a ruling.
(4) The chief processor of the e-file system is the Ministry of Justice. The authorised processor of the e-file system is a person appointed by the Minister of Justice.
(5) The Minister of Justice may issue regulations in order to organise the operation of the e-file system.
[RT I 2009, 67, 460 - entry into force 01.01.2010]

§ 61. Competence of Minister of Justice concerning files

The time of and procedure for transition to mandatory maintenance of digital files, the technical requirements for the maintenance and examination of digital files and the requirements for the
preservation of electronic documents shall be established by a regulation of the Minister of Justice. The specific requirements for archiving files, including the terms of preservation of files and procedural documents, and for the examination of archived files and procedural documents as well as for the destruction of files shall be established by a regulation of the Minister of Justice.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

Chapter 10 TERMS IN PROCEEDINGS

§ 62. Calculation of terms in proceedings

(1) The provisions of the General Principles of the Civil Code Act applicable to calculation of time limits and due dates apply to calculation of terms in proceedings, unless otherwise provided by law.
(2) A procedural act for the performance of which a term has been set may be performed until
24:00 on the last day of the term. If a procedural act must be performed in the premises of the court, the end of the working day of the court is deemed to be the end of the term.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 63. Beginning of term set by court

The running of a term set by the court begins on the day following the day of service of the document in which the term is set, unless otherwise prescribed upon setting the term. If the document need not be served, the term begins to run as of receipt of a notice on setting the term.

§ 64. Alteration of term

(1) The court may extend a term set thereby on the basis of a reasoned petition or at its own initiative if good reason exists therefor. A term may be extended on more than one occasion only with the consent of the opposing party.
(2) The terms in proceedings, whether provided by law or set by the court, may be shortened by agreement of the parties. The agreement concerning shortening of a term is submitted to the court in writing or it is recorded in the minutes.

§ 65. Calculation of terms in case of sending document to incorrect court

[RT I 2008, 59, 330 - entry into force 01.01.2009]

If a document sent by a participant in a proceeding is received by an incorrect court according to jurisdiction or court instance, such document is forwarded to the correct court. If the procedural document reaches an incorrect court according to jurisdiction or court instance on time, the term for performance of the procedural act is deemed to have been complied with.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 66. Consequences of failure to perform procedural act on time

If a procedural act is not performed on time, the participant in the proceeding has no right to perform the procedural act at a later time, unless the court restores the term provided by law or extends the term set by the same court or hears the petition, application, evidence or objection filed by the participant in the proceeding in the event provided for in subsection 331 (1) of this Code. The above applies regardless of whether or not the participant in the proceeding has been warned of such consequences.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 67. Restoration of procedural term provided by law

(1) If a participant in a proceeding has allowed a procedural term provided by law to expire, the court restores the term on the basis of a petition of the participant in the proceeding if the participant in the proceeding had good reason for allowing the term to expire and the expiry of
the term does not allow the performance of the procedural act or has other negative effects on the participant in the proceeding.
(2) A petition for restoration of a term may be filed within 14 days after the date on which the impediment specified in subsection (1) of this section ceases to exist but not later than within six months after the end of the term which was allowed to expire.

§ 68. Deciding on restoration of term

(1) A petition for restoration of a term is submitted in the same format which applies to the procedural act which had to be performed. The petition sets out the circumstances which constitute the basis for restoration of the term and provides justification for such circumstances. The petition is filed with the court in which the procedural act should have been performed.
(2) A procedural act for which restoration of the term is applied shall be performed simultaneously with the submission of the petition to restore the term.
(3) The court adjudicates the restoration of a term by a ruling.
(4) An appeal may be filed against a ruling on refusal to restore a term made by a county court
or circuit court. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) If a term is restored, the proceeding is restored to the point at which it was before the term was allowed to expire.
(6) Before deciding on restoration of a term, the court may, by a ruling, suspend the enforcement proceeding or permit it to be continued only against a security, or revoke the enforcement action.

Part 2 JURISDICTION

Chapter 11 GENERAL PROVISIONS

§ 69. Definition of jurisdiction

(1) Jurisdiction is the right and obligation of a person to use his or her procedural rights with a specific court. Jurisdiction is general, optional or exclusive.
(2) General jurisdiction establishes the court with which an action can be filed against a person and other procedural acts can be performed with respect to a person unless it is provided by law that the action must be filed or the act be performed by another court.
(3) Optional jurisdiction establishes the court with which actions can be filed against a person and other procedural acts can be performed with respect to a person in addition to general jurisdiction.
(4) Exclusive jurisdiction establishes the sole court which can be addressed for adjudication of a civil matter. Jurisdiction in matters on petition is exclusive unless otherwise provided by law.

§ 70. International jurisdiction

(1) The provisions concerning international jurisdiction determine the circumstances under which a matter can be adjudicated by an Estonian court.
(2) A matter falls under the jurisdiction of an Estonian court if an Estonian court can adjudicate the matter according to competence and pursuant to the provisions concerning jurisdiction or based on an agreement on jurisdiction, unless otherwise provided by law or an international agreement.
(3) International jurisdiction is not exclusive unless otherwise prescribed by law or an international agreement.
(4) The provisions of this Code concerning international jurisdiction apply upon determination of the jurisdiction between the courts of the Member States of the European Union only to the extent in which this is not regulated by Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 012,
16.01.2001, pp. 1–23), Council Regulation (EC) 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Council Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, pp. 1–
29) and Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L
007, 10.01.2009, pp. 1– 79) or other Council regulations. [RT I, 14.03.2011, 2 - entry into force 18.06.2011]

§ 71. Agreement on jurisdiction

In the cases and pursuant to the procedure prescribed by law, parties may enter into an agreement concerning jurisdiction. An agreement concerning jurisdiction is an agreement to settle a dispute in a specific court.

§ 72. Special jurisdiction of Harju County Court

(1) If, pursuant to general provisions, a matter does not fall under the jurisdiction of an Estonian court or such jurisdiction cannot be determined and an international agreement or law does not provide otherwise, the matter is adjudicated by Harju County Court if:
1) the case must be adjudicated in the Republic of Estonia pursuant to an international agreement;
2) the petitioner is a citizen of the Republic of Estonia or has a residence in Estonia, and the petitioner has no possibility to defend his or her rights in a foreign state or the petitioner cannot be expected to do so;
3) the matter concerns Estonia to a significant extent due to another reason and the petitioner has no possibility to defend his or her rights in a foreign state or the petitioner cannot be expected to do so.
(2) Harju County Court also adjudicates a matter if the matter falls under the jurisdiction of an Estonian court but it is not possible to determine which court has jurisdiction in the matter. The above also applies if Estonian jurisdiction has been agreed upon without specifying which court has jurisdiction.

§ 73. Jurisdiction determined by court

Jurisdiction is determined by the chairman of the court of a higher instance based on a petition of a participant in a proceeding or at the request of the court which received such petition, if:
1) the correct court by jurisdiction cannot exercise judicial power in the matter;
2) it is not clear, considering the boundaries of the territorial jurisdiction of courts, which court has jurisdiction in the matter;
3) several courts have decided regarding a matter that the matter does not fall under their jurisdiction but one of those courts could adjudicate the matter.

§ 74. Matters which fall under jurisdiction of several courts and division of matters among courthouses

[RT I 2008, 59, 330 - entry into force 01.01.2009]

(1) If a matter falls under the jurisdiction of several Estonian courts concurrently, the petitioner has the right to choose the court with which to file the petition. In such case, the matter is adjudicated by the court which was the first to receive the petition.
[RT I 2005, 39, 308 - entry into force 01.01.2006]
(2) If an action is filed with the court of the residence or seat of the defendant or with the court of exclusive jurisdiction, the matter is heard in the courthouse in the territorial jurisdiction of
which is the defendant's residence or seat or the place according to which the exclusive jurisdiction is determined. If different places determining jurisdiction otherwise remain within the territorial jurisdiction of one county court, but within the service areas of different courthouses, the plaintiff indicates the courthouse wherein the matter is heard. If the plaintiff fails to indicate it, the place of hearing the matter is determined by the court.
[RT I 2005, 39, 308 - entry into force 01.01.2006]
(3) Matters on petition are heard in the courthouse in the territorial jurisdiction of which is the place according to which jurisdiction is determined. If different places determining jurisdiction remain within the territorial jurisdiction of one county court, but within the service areas of different courthouses, the place of hearing the matter is determined by the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 75. Verification of jurisdiction

(1) The court which receives a petition verifies whether, pursuant to the provisions concerning international jurisdiction, the petition can be filed with an Estonian court. After this, the court verifies whether the matter falls under the jurisdiction of the court with which the petition was filed.
(2) If the matter does not fall under the jurisdiction of such court, the court forwards the petition to the court which has jurisdiction in the matter, unless the court finds that according to international jurisdiction, the matter does not fall under the jurisdiction of an Estonian court.
(3) A person may request, even before filing a petition, that the court make a ruling on whether or not the matter falls within the jurisdiction of that court. In such case, the draft of the intended statement or petition and other documents necessary for determining jurisdiction shall be added to the request. If necessary, the court may ask for the positions of the presumed defendant or other participants in the proceeding on the adjudication of the request and hear them.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(31) The ruling specified in subsection (3) of this section whereby the court finds that the matter does not fall under its jurisdiction is subject to appeal by the person who filed the request. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) A higher court does not verify or change jurisdiction on any other grounds except by adjudicating an appeal filed against a court ruling concerning jurisdiction, refusal to accept a petition, refusal to hear a matter or termination of a proceeding. A higher court may also verify on the basis of another appeal whether an Estonian court may adjudicate a matter according to international jurisdiction if it is challenged in the county court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 76. Referral of matter according to jurisdiction

(1) If, after accepting a petition, the court ascertains that the matter does not fall under the jurisdiction of the court, the court makes a ruling on referring the matter according to jurisdiction. If the matter falls under the jurisdiction of several courts, the court refers the matter to the court of the petitioner's choice.
(2) The ruling specified in subsection (1) of this section is subject to appeal. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.
(3) The court refers a matter to the correct court by jurisdiction after expiry of the term for filing of appeals against the court ruling. If an appeal is filed against the court ruling, the court refers the matter after refusal to satisfy the appeal.
(4) The court which receives a matter for adjudication must hear the matter. Jurisdictional disputes between courts are prohibited.

§ 77. Changing of jurisdiction of matter

If a matter was accepted correctly by a court, the court adjudicates on the merits of the matter even if the circumstances which constituted the basis for determination of jurisdiction have changed after acceptance of the petition.

§ 78. Filing of action with courts of different states

(1) If an action with the same content between the same parties has been accepted by a competent court of a foreign state by jurisdiction before the action was filed with an Estonian court, the Estonian court accepts the action provided that the other conditions for acceptance of the matter are fulfilled but suspends the proceeding if it may be presumed that the court of the foreign state makes a decision within a reasonable amount of time and such decision will be recognised in the Republic of Estonia.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(11) For the purposes of subsection (1) of this section, the time of filing an action with an Estonian court is deemed to be the time when the action, or the request specified in subsection 75 (3) of this Code reaches the court as well as the time when the petition specified in subsection
160 (2) of the General Part of the Civil Code Act reaches the court or the time of performance of some other act. This applies only if the action was served on the opposing party at a later time. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) A matter is deemed to have been accepted by a court of a foreign state after the court of the foreign state has performed the first procedural act with respect to the action.
(3) The court resumes a proceeding suspended on the grounds specified in subsection (1) of this section pursuant to the procedure provided in § 361 of this Code if the court of the foreign state has failed to make a decision within a reasonable amount of time or it becomes evident that the
decision which has been made or will be made will evidently not be recognised in the Republic of Estonia.
(4) The court makes a ruling on termination of a proceeding after a decision of a court of a foreign state subject to recognition in the Republic of Estonia is submitted to the court. An appeal may be filed against such ruling.
(5) The provisions of subsections (1)–(4) of this section apply correspondingly upon filing of petitions with courts of different states in proceedings on petition.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 12 GENERAL JURISDICTION

§ 79. Jurisdiction over person

(1) An action against a natural person can be filed with the court of his or her residence and an action against a legal person can be filed with the court of its seat.
(2) If the residence of a natural person is not known, an action against the person can be filed with the court of his or her last known residence.

§ 80. Jurisdiction over citizens of Republic of Estonia residing in foreign state

(1) An action against a citizen of the Republic of Estonia living in a foreign state who is an extra-territorial person or against a citizen of the Republic of Estonia working in a foreign state who is a civil servant can be filed with the court of the person's last residence in Estonia.
(2) If a person specified in subsection (1) of this section has not had a residence in Estonia, an action can be filed against him or her with Harju County Court.

§ 81. Jurisdiction over Republic of Estonia and local governments

(1) An action can be filed against the Republic of Estonia or a local government with the court of the seat of the state agency or local government agency whose activity is the basis for the intended action against the state or local government agency.
(2) If the state agency specified in subsection (1) of this section cannot be determined, the action is filed with Harju County Court. If the local government agency specified in subsection (1) of this section cannot be determined, the action is filed with the court of the seat of the rural municipality or city government.
(3) A plaintiff can also file an action specified in subsection (1) or (2) of this section with the court of his or her residence.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 82. [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 13 OPTIONAL JURISDICTION

§ 83. Jurisdiction by place of stay

An action involving a proprietary claim can be filed against a natural person also with the court of his or her place of stay if the person has stayed in such place for a longer period of time due to an employment or service relationship, studies or for other such reason.

§ 84. Jurisdiction by place of business

An action related to the economic or professional activities of the defendant can also be filed with the court of the place of business thereof.

§ 85. Jurisdiction by seat of legal person

A legal person based on membership, including a company, or a member, partner or shareholder thereof can file an action arising from membership or holding against a member, partner or shareholder of the legal person also with the court of the seat of the legal person.

§ 86. Jurisdiction by location of property

[RT I 2008, 59, 330 - entry into force 01.01.2009]

(1) If a person has residence or seat in a foreign state, an action involving a proprietary claim can be filed against such person with the court of the location of the property with respect to which the claim is filed or with the court of the location of other property of the person.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) If property has been entered in a public register, the action specified in subsection (1) of this section can be filed with the court of the location of the register in which the property is registered.
(3) If the property is a claim under the law of obligations, the action specified in subsection (1) of this section can be filed with the court of the residence or seat of the debtor. If the claim is secured by a thing, the action can be filed with the court of the location of the thing.

§ 87. Jurisdiction of action involving claim secured by mortgage or encumbered with real encumbrance

An action for the collection of a claim secured by a mortgage or encumbered with a real encumbrance or another action involving a similar claim can also be filed with the court of the location of the immovable provided that the debtor is the owner of the registered immovable which is secured by the mortgage or encumbered with the real encumbrance.

§ 88. Jurisdiction of action arising from apartment ownership

An action against an apartment owner which arises from a legal relationship related to apartment ownership can also be filed with the court of the location of the immovable which is the object of the apartment ownership.
[RT I, 13.03.2014, 3 - entry into force 23.03.2014]

§ 89. Jurisdiction by place of performance of contract

(1) An action arising from a contract or an action for ascertainment of the invalidity of a contract can also be filed with the court of the place of performance of the contested contractual obligation.
(2) In the case of a contract for the sale of a movable, the place where the movable was delivered or had to be delivered to the buyer and, in the case of a contract for provision of a service, the place where the service was provided or had to be provided is deemed to be the place of performance of the obligation within the meaning of subsection (1) of this section. In other cases, the place of business or in the absence thereof, the residence or seat of the debtor is
deemed to be the place of performance of the obligation within the meaning of subsection (1) of this section.
(3) The provisions of subsection (2) of this section apply in so far as the parties have not agreed otherwise.

§ 90. Jurisdiction by residence of consumer

An action arising from a contract or relationship specified in §§ 35, 46 or 52, subsection 208 (4), §§ 379 or 402, subsection 635 (4) or §§ 709, 734 or 866 of the Law of Obligations Act or an action arising from another contract concluded with an undertaking having a seat or place of business in Estonia can also be filed by a consumer with the court of the residence of the consumer. The above does not apply to actions arising from contracts of carriage.

§ 91. Jurisdiction of action arising from insurance contract

(1) A policyholder, beneficiary or other person entitled to demand performance from the insurer on the basis of an insurance contract can also file an action arising from the insurance contract against the insurer with the court of the residence or seat of the person.
(2) In the case of liability insurance, or insurance of a construction works, immovable or movables together with a construction works or immovable, an action can also be filed against the insurer with the court of the place of performance of the act or occurrence of the event which caused the damage or the place where the damage was caused.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 92. Jurisdiction by residence or place of work of employee

An employee can also file an action arising from his or her employment contract with the court of his or her residence or place of work.

§ 93. Jurisdiction of action arising from bill of exchange or cheque

An action arising from a bill of exchange or cheque can also be filed with the court of the place of payment for the bill of exchange or cheque.

§ 94. Jurisdiction of action arising from illegal causing of damage

An action for compensation for illegally caused damage can also be filed with the court of the place of performance of the act or occurrence of the event which caused the damage or the place where the damage was caused.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 95. Jurisdiction of action arising from maritime claim, rescue work or rescue contract

(1) An action arising from one or several maritime claims specified in the Law of Maritime Property Act can also be filed with the court of the location of the ship of the defendant or of the home port of the ship.
(2) An action arising from rescue works or a rescue contract can also be filed with the court of the place of performance of the rescue works.

§ 96. Jurisdiction over action for division of estate

(1) An action the object of which is the establishment of the right of succession, a successor's claim against the possessor of the estate, a claim arising from a legacy or succession contract or a claim for a compulsory portion or for division of an estate can also be filed with the court of the residence at the time of the death of the bequeather.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) If the bequeather was a citizen of the Republic of Estonia but at the time of death had no residence in Estonia, the action specified in subsection (1) of this section can also be filed with the court of the bequeather's last residence in Estonia. If the bequeather had no residence in Estonia, the action can be filed with Harju County Court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 97. Action against co-defendants and several actions against same defendant

(1) An action against several defendants can be filed with the court of the residence or seat of one co-defendant at the plaintiff's choice.
(2) If several actions can be filed against one defendant on the basis of the same fact, the actions can also be filed with the court with which an action with one claim or some of the claims arising from the same fact could be filed.

§ 98. Jurisdiction of counterclaim and action by third person with independent claim

(1) A counterclaim can be filed with the court with which the action was filed provided that the conditions for filing a counterclaim are complied with and the counterclaim does not fall under exclusive jurisdiction. The above also applies in the cases where pursuant to general provisions, the counterclaim should be filed with a court of a foreign state.
(2) An action by a third party with an independent claim can be filed with the court hearing the main action.

§ 981. Jurisdiction in bankruptcy proceedings

(1) An action concerning bankruptcy proceedings or bankruptcy estate against a bankrupt, trustee in bankruptcy or a member of the bankruptcy committee, including an action for exclusion of property from a bankruptcy estate, can also be filed with the court which declared the bankruptcy. An action for acceptance of a claim can also be filed with the court which declared the bankruptcy.
(2) A bankrupt can also file an action concerning the bankruptcy estate, including an action for recovery, with the court which declared the bankruptcy.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 14 EXCLUSIVE JURISDICTION

§ 99. Jurisdiction by location of immovable

(1) An action with the following objects is filed with the court of the location of the immovable:
1) a claim related to the recognition of the existence of the right of ownership, limited real right or other real right encumbrance concerning an immovable, or recognition of absence of such rights or encumbrances, or a claim related to other rights in immovables;
2) determination of boundaries or division of an immovable;
3) protection of the possession of an immovable;
4) a claim with respect to a real right arising from apartment ownership;
5) a claim related to compulsory enforcement of an immovable;
6) a claim arising from a lease contract or commercial lease contract concerning an immovable
or other contract for the use of an immovable under the law of obligations, or from the validity of such contracts.
(2) An action related to real servitude, real encumbrance or right of pre-emption is filed with the court of the location of the servient or encumbered immovable.

§ 100. Claim for termination of application of standard terms

An action for termination of application of an unfair standard term or for termination and withdrawal of recommendation of the term by the person recommending application of the term (§ 45 of the Law of Obligations Act) is filed with the court of the place of business of the defendant or, in the absence thereof, with the court of the residence or seat of the defendant. If the defendant has no place of business, residence or seat in Estonia, the action is filed with the court under whose territorial jurisdiction the standard term was applied.

§ 101. Jurisdiction of matter of revocation of decision of body of legal person or establishment of invalidity thereof

An action for revocation of a decision of a body of a legal person or for establishment of invalidity thereof is filed with the court of the seat of the legal person.

§ 102. Jurisdiction of matrimonial matters

(1) Matrimonial matters are civil matters for the adjudication of actions the object of which is:
1) divorce;
2) annulment of marriage;
3) establishment of existence or absence of marriage;
4) division of joint property or other claims arising from the proprietary relationship between the spouses;
5) other claims arising from the marital relationship of a spouse filed against the other spouse.
(2) An Estonian court is competent to adjudicate a matrimonial matter if:
1) at least one of the spouses is a citizen of the Republic of Estonia or was a citizen at the time of contracting the marriage;
2) the residences of both spouses are in Estonia;
3) the residence of one spouse is in Estonia, except where the judgment to be made would clearly not be recognised in the country of nationality of either spouse.
(3) In a matrimonial matter to be adjudicated by an Estonian court, an action is filed with the court of the joint residence of the spouses and in the absence thereof, with the court of the residence of the defendant. If the residence of the defendant is not in Estonia, the action is filed with the court of the residence of a common child of the parties who is a minor and, in the absence of a common child who is a minor, with the court of the residence of the plaintiff.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) If custody has been established over the property of an absent person due to the person going missing or a guardian has been appointed to a person due to his or her restricted active legal capacity or if imprisonment has been imposed on a person as punishment, a divorce action
against such person can also be filed with the court of the residence of the plaintiff. [RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 103. Jurisdiction of filiation matter and maintenance matter

(1) A filiation matter is a civil matter where an action with the object of establishment of filiation or contestation of an entry concerning a parent in the birth registration of a child or in the population register is adjudicated.
[RT I 2009, 30, 177 - entry into force 01.07.2010]
(2) An Estonian court can adjudicate a filiation matter if at least one of the parties is a citizen of the Republic of Estonia or at least one of the parties has a residence in Estonia.
(3) In a filiation matter to be adjudicated by an Estonian court, the action is filed with the court of the residence of the child. If the residence of the child is not in Estonia, the action is filed with the court of the residence of the defendant. If the residence of the defendant is not in Estonia, the action is filed with the court of the residence of the plaintiff.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) The provisions of subsections (2) and (3) of this section also apply to maintenance matters. A maintenance matter is a civil matter for the adjudication of an action the object of which is a claim for:
1) performance of maintenance obligation of a parent arising from law with respect to a minor child;
2) performance of a maintenance obligation between parents;
3) performance of a maintenance obligation between spouses;
4) performance of other maintenance obligation arising from law.

Chapter 15 AGREEMENT ON JURISDICTION

§ 104. Agreement on jurisdiction

(1) A court can also hear a matter by jurisdiction in the case where the jurisdiction of such court is prescribed by an agreement between the parties and the dispute relates to the economic or professional activities of both parties, or the dispute relates to the economic or professional activities of one party and the other party is the state, a local government or another legal person in public law, or if both the parties are legal persons in public law.
(2) An agreement on jurisdiction may also be entered into if the residence or seat of one or both of the parties is not in Estonia.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) Notwithstanding the provisions of subsection (1) of this section, an agreement on jurisdiction applies also if:
1) such agreement was reached after the arising of the dispute;
2) jurisdiction was agreed upon for the event where the defendant settles in, or transfers the place of business or seat thereof to a foreign state after entry into the agreement, or if the residence, place of business or seat of the defendant is not known at the time of filing the action.
(4) Jurisdiction determined by agreement is exclusive jurisdiction, unless the parties have agreed otherwise.

§ 105. Jurisdiction in cases where defendant participates in proceeding without submitting objections

Among both international and Estonian courts, county courts have jurisdiction in the cases where the defendant responds to the action without contesting jurisdiction and also in the cases where the defendant does not respond to the action but participates in a court session without contesting jurisdiction.

§ 106. Invalidity of agreement on jurisdiction

(1) An agreement on jurisdiction is invalid if:
1) it is contrary to the provisions of subsection 104 (1) of this Code;
2) it does not concern a specific legal relationship or a dispute arising from such relationship;
3) it has been entered into in a format which cannot be reproduced in writing;
4) exclusive jurisdiction is prescribed by law for filing the action;
5) one of the parties has been deprived of Estonian jurisdiction contrary to the principles of good faith.
(2) In the case specified in clause (1) 4) of this section, the court shall not adjudicate a matter by jurisdiction even under the circumstances provided in § 105 of this Code.

§ 107. Change of jurisdiction during proceeding

A court of first instance may refer a matter to another court of first instance by a ruling if the parties submit a common petition to such effect before the first court session or, in the case of written proceedings, before the expiry of the term for submission of positions.

Chapter 16 JURISDICTION OF MATTERS ON PETITION

§ 108. Expedited procedure in matters of payment order

Expedited procedure in matters of payment order is conducted by Pärnu County Court Haapsalu courthouse.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 109. Declaration of person dead and establishment of time of death of person

(1) An Estonian court may declare a person dead and establish his or her time of death if:
1) at the time the missing person was last heard of, he or she was a citizen of the Republic of
Estonia or had residence in Estonia at such time;
2) another legal interest exists for an Estonian court to declare the person dead and establish his or her time of death.
(2) A petition for declaring a person dead and establishing his or her time of death is filed with the court of the last residence of the missing person. If a person has gone missing in connection with a shipwreck registered in Estonia, the petition is filed with the court of the home port of the ship.
(3) In the cases not specified in subsection (2) of this section, a petition for declaring a person dead or establishing his or her time of death is filed with the court of the residence or seat of the petitioner. If the residence or seat of the petitioner is not in Estonia, the petition is filed with Harju County Court.
(4) A petition for amendment of the time of death or annulment of a declaration of death is filed with the court which established the time of death or declared the person dead.

§ 110. Guardianship matters

(1) A guardianship matter is a matter for appointment of a guardian for a person, or other matter related to guardianship. An Estonian court is competent to adjudicate a guardianship matter if:
1) the person in need of guardianship or the person under guardianship is a citizen of the
Republic of Estonia, or his or her residence is in Estonia;
2) the person in need of guardianship or the person under guardianship needs the protection of an Estonian court due to another reason, including the case where the property of the person is located in Estonia.
(2) A guardian need not be appointed in Estonia if an Estonian court and a court of a foreign state are equally competent to establish guardianship and a guardian has already been appointed in a foreign state or a foreign court is conducting proceedings for appointment of guardianship, provided that the decision of the foreign court can be presumed to be recognised in Estonia and failure to appoint a guardian in Estonia is in the interests of the person in need of guardianship.
(3) A guardianship matter is adjudicated by the court of the residence of the person in need of guardianship.
(4) Appointment of a guardian for a child before the birth of the child is adjudicated by the court of the residence of the mother.
(5) If establishment of guardianship is sought for brothers or sisters who are residing or staying within the territorial jurisdiction of several courts, the guardian is appointed by the court of the residence of the youngest child. If the guardianship proceeding in such case is already conducted by a court, the guardianship matter is adjudicated by such court.
(6) If a person in need of guardianship has no residence in Estonia or if the residence cannot be established, the matter can be adjudicated by the court in whose territorial jurisdiction the person or his or her property is in need of protection, or by Harju County Court.
(7) A matter relating to a person under guardianship or his or her property is adjudicated by the court which appointed the guardian. Such matter can also be adjudicated, with good reason, by
the court of the residence of the person under guardianship or the court of the location of the property of such person.

§ 111. Placing of person in closed institution

(1) The matter of placing a person in a closed institution is adjudicated by the court which appointed the guardian for the person or the court conducting proceedings in the matter of guardianship. In other cases such matters are adjudicated by the court within the territorial jurisdiction of which the closed institution is located. The matter can also be adjudicated by the court that applied provisional legal protection.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(2) In the case specified in subsection (1) of this section, the provisions of subsections 110 (1)
and (2) of this Code apply.
(3) Provisional legal protection in proceedings can be applied by each court within whose territorial jurisdiction a measure must be taken.
(4) Other matters related to placement of a person in a closed institution, including matters of suspension or termination of placement of a person in a closed institution and matters of change of the term of placement, are adjudicated by the court that adjudicated the placement of the person in a closed institution.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 112. Establishment of custody over property of absent person

(1) The matter of establishment of custody over the property of an absent person is adjudicated by the court of the residence of the absent person.
(2) If an absent person has no residence in Estonia, the matter of establishment of custody over the property of the absent person is adjudicated by the court of the location of the property for which custody is sought.
(3) Other matters related to establishment of custody over the property of an absent person, including matters of termination of custody and change of the administrator and duties thereof, are adjudicated by the court that appointed the administrator.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 113. Adoption

(1) A matter of adoption can be adjudicated by an Estonian court if the adoptive parent, one of the spouses wishing to adopt or the child is a citizen of the Republic of Estonia or the residence of the adoptive parent, one of the spouses wishing to adopt or the child is in Estonia.
(2) A petition for adoption is filed with the court of the residence of the adoptive child. If the adoptive child has no residence in the Republic of Estonia, the petition is filed with Harju County Court.
(3) A matter of declaring an adoption invalid is adjudicated by the court which decided on the adoption.

§ 114. Extension of active legal capacity of minor

(1) The matter of extension of the active legal capacity of a minor can be adjudicated by an Estonian court if the minor is a citizen of the Republic of Estonia or his or her residence is in Estonia.
(2) A petition for extension of the active legal capacity of a minor or a petition for annulment of a decision to extend the active legal capacity of a minor is filed with the court of the residence of the minor. If the minor has no residence in the Republic of Estonia, the petition is filed with Harju County Court.

§ 115. Establishment of filiation and contestation of entry concerning parent after death of person

If a person seeks establishment of his or her filiation from a person who is dead or a person contests an entry concerning a parent in the birth registration of a child or in the population register after the death of the person entered in the birth registration or in the population register as a parent, a petition to such effect is filed with the court of the last residence of the person the establishment of filiation from whom is sought or concerning whom the entry in the birth registration or in the population register is contested. If the last known residence of the person was not in Estonia or if the residence is unknown, the petition is filed with Harju County Court. [RT I 2009, 30, 177 - entry into force 01.07.2010]

§ 116. Other family matters on petition

(1) The provisions of § 110 of this Code apply to family matters on petition not specified in this
Division, unless otherwise provided by law or dictated by the nature of the matter.
(2) A matter on petition relating to the legal relationship between spouses or divorced spouses is adjudicated by the court of the territorial jurisdiction of the common residence of the spouses or of the last common residence of the spouses.
(3) If, in the case specified in subsection (2) of this section, the spouses had no common residence in Estonia or if neither of the spouses currently have a residence within the jurisdiction of the court of their last common residence, the matter is adjudicated by the court of the
residence of the spouse whose rights would be restricted by the requested ruling. If the residence of that spouse is not in Estonia or the residence cannot be established, the matter is adjudicated by the court of the residence of the petitioner.
(4) If jurisdiction cannot be determined on the basis of subsection (2) or (3) of this section, the matter is adjudicated by Harju County Court.
(5) Provisional legal protection in a family matter on petition can be applied by each court within whose territorial jurisdiction a measure must be applied.

§ 117. Application of estate management measures

(1) An Estonian court can apply management measures to an estate located in Estonia regardless of the state whose law is applicable to succession and the state whose authority or official is competent by general jurisdiction to conduct the succession proceeding.
(2) Estate management measures are applied by the court of the location of the opening of the succession. If a succession opens in a foreign state and the estate is located in Estonia, estate management measures can be applied by the court of the location of the estate.

§ 118. Jurisdiction of calling matters

(1) A petition for declaration of a security invalid is filed with the court of the place of redemption of the security and, in the absence of the place of redemption, with the court of general jurisdiction of the issuer of the security.
(2) A petition for initiation of calling proceedings for preclusion of the rights of the owner of an immovable is filed by the possessor of the immovable pursuant to the provisions of § 124 of the Law of Property Act with the court within the territorial jurisdiction of which the immovable is located.
(3) In the case provided by § 13 of the Law of Maritime Property Act, the entitled person files a petition for initiation of calling proceedings for the preclusion of the rights of the owner of a ship with Harju County Court.
(4) A petition for initiation of calling proceedings for preclusion of the rights of an unknown mortgagee (§ 331 of the Law of Property Act) is filed by the owner of the encumbered immovable with the court within the territorial jurisdiction of which the encumbered immovable is located. A petition for preclusion of the rights of an unknown maritime mortgagee or pledgee
is filed by the owner of the encumbered ship or the owner of the pledged object encumbered with a registered security over movables pursuant to § 59 of the Law of Maritime Property Act with Harju County Court.
[RT I 2009, 30, 178 - entry into force 01.10.2009]

§ 119. Jurisdiction of registry matters and other matters on petition relating to legal persons in private law

(1) A petition for making an entry in the commercial register is filed according to the seat of the company or location of the undertaking of the sole proprietor. A petition to the registrar of the
non-profit associations and foundations register is filed according to the seat of a non-profit association or foundation.
(2) A petition for making an entry in the land register is filed according to the location of the registered immovable. A petition for making an entry in the ship register is filed according to the home port of the ship, the location of the non-propelled floating vessel or the place of construction of the ship under construction.
(3) A petition for making an entry in the commercial pledge register is filed according to the seat of the pledgor and, if the pledgor is a sole proprietor, according to the location of its undertaking.
(4) A petition for making an entry in the marital property register is filed according to the residence of the spouse.
(5) Matters on petition related to the activities of a company, non-profit association or foundation other than registry matters, including matters related to the appointment of a substitute member of the management board or supervisory board, auditor, auditor for a special audit or liquidator, or matters related to the determination of the amount of compensation to the partners or shareholders in a company are adjudicated by the court entitled to adjudicate registry matters.

§ 120. Apartment ownership and common ownership matters

A matter on petition related to apartment ownership or common ownership is adjudicated by the court of the location of the immovable.

§ 1201. Matters of access to public road and tolerating utility works

Matters of access to a public road and tolerating utility works are adjudicated by the court of the immovable from which access to a public road is sought or on which the utility works is located. [RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 121. Matters of recognition or enforcement of decisions of courts and arbitral tribunals of foreign states

A petition for recognition or enforcement of a decision of a court or arbitral tribunal of a foreign state, a petition specified in Article 19 or 21 of Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, or other petition in enforcement proceedings is filed with the court of the residence or seat of the debtor, or with the court within whose territorial jurisdiction the conduct of enforcement proceedings is sought, unless otherwise provided by law or an international agreement.
[RT I, 14.03.2011, 2 - entry into force 18.06.2011]

§ 1211. Matters of declaring settlement agreement reached as result of conciliation proceeding enforceable

A settlement agreement reached as a result of a conciliation proceeding specified in subsection
14 (1) of the Conciliation Act is declared enforceable by the court within the territorial jurisdiction of which the conciliation proceeding was conducted.
[RT I 2009, 59, 385 - entry into force 01.01.2010]

Part 3 VALUE OF CIVIL MATTER, PROCEDURAL EXPENSES AND SECURITIES Chapter 17 VALUE OF CIVIL MATTER

§ 122. Value of civil matter

(1) The value of a civil matter means the value of an action or the value of a matter on petition. (2) The value of an action is the usual value of that which is sought by the action.
(3) The value of a matter on petition is the usual value of that which is petitioned in the matter on petition, or the usual value of the act made at the initiative of the court.
(4) Procedural expenses are not taken into account upon determination of the value of a civil matter.

§ 123. Time which constitutes basis for calculation of value of civil matter

The calculation of the value of a civil matter is based on the time of filing of the action or other petition.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 124. Value of action in case of financial claim

(1) In the case of an action for payment of money, the value of the action is determined by the amount of money claimed. A claim in a foreign currency is translated into euros for the purpose of determining the value of an action as at the time of filing of the action on the basis of the daily exchange rate of the European Central Bank.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(2) If the plaintiff requires the performance of an obligation other than a financial obligation from the defendant and also requests the determination of the amount of compensation for damage payable upon failure to perform the obligation, the value of the action is determined on the basis of the claimed amount of compensation for damage.
(3) The provisions of subsection (1) of this section also apply in matters on petition upon filing of petitions for expedited procedure in matters of payment order.

§ 125. Value of establishment action

The value of an establishment action is determined by the value of the benefit to which the plaintiff can be presumed to be entitled in the case of satisfaction of the action. If the value of the benefit cannot be determined, the claim of the action is deemed to be non-proprietary.

§ 126. Value of action in case of claims involving things or rights

(1) The value of an action in the case of reclamation of a thing from the possession of a person
or other dispute relating to transfer of ownership of a thing or ownership or possession of a thing, including in the case of a dispute on amendment of an incorrect entry made in the land register concerning the owner, is determined based on the value of the thing. This applies regardless of whether the matter is adjudicated on the basis of a contract or a non-contractual legal relationship unless otherwise provided by law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) The value of an action in a dispute relating to a right is determined based on the value of the right.
(21) [Repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012]
(3) The value of an action in a dispute relating to the securing of a claim and to the corresponding right of security is determined by the value of the claim. If the value of the pledged object is lower than the value of the claim, the value of the thing is taken as the basis. [RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 127. Value of action in dispute relating to real servitude

The value of an action in a dispute related to or arising from a real servitude is determined based on the value of the servitude for the dominant immovable. If the amount by which the value of the servient immovable is reduced by the real servitude is higher than such value, the amount by which the value of the servient immovable is reduced by the real servitude is deemed to be the value of the action.

§ 128. Value of action in case of contract for use

The value of an action in the case of a dispute relating to the validity or duration of a lease contract, commercial lease contract or other similar contract for use is the sum total of the user fees payable for the time under dispute which shall however not be longer than one year. In the case of a dispute relating to delivery of the possession of an immovable, construction works or part thereof due to the expiry of a contract, the value of the action is the sum total of the user fees payable for one year.

§ 129. Value of action upon recurring obligations

(1) The value of an action in a dispute concerning a claim directed at the performance of recurring obligations is the total value of the obligations which shall however not be higher than three times the total yearly value of such obligations.
(2) The value of an action in a dispute concerning the performance of a maintenance obligation arising from law, or a dispute involving a claim for regular monetary payments arising from the causing of death, bodily injury or damage to health is the sum total of the claimed payments which shall however not be higher than the amount which would be received for the nine months following the filing of the action.

§ 130. Value of action upon dispute for termination of application of standard terms

[Repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 131. Value of action upon repeal or establishment of nullity of resolution of legal person

[Repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 132. Value of action in case of non-proprietary claim

(1) The value of an action in the case of a non-proprietary claim is presumed to be 3500 euros unless otherwise prescribed by subsection (11) of this section.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]
(11) The value of an action in the case of a non-proprietary claim provided for in subsection (4)
of this section is deemed to be 3500 euros.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]
(2) In the case of a non-proprietary claim, the court may determine the value of an action which is different from the value provided in subsection (1) of this section, taking account of all circumstances, including the extent and importance of the matter as well as the financial situation and income of the parties.
(3) For the purposes of the value of an action, a claim for compensation for non-proprietary damage caused by causing of death, bodily injury, damage to health or defamation is also
deemed to be a non-proprietary claim, provided that the requested amount of compensation is not set out in the action and fair compensation at the discretion of the court is requested.
(4) For the purposes of the value of an action, the following claims are also deemed to be non- proprietary claims:
1) the claim for protection of possession (§§ 44 and 45 of the Law of Property Act);
2) the claim for protection of ownership in the case of a violation unrelated to loss of possession
(§ 89 of the Law of Property Act);
3) the claim of the owner of an immovable entered in the land register for reclamation of the
immovable from illegal possession into the owner's possession, except in the case provided for in the second sentence of § 128 of this Code;
4) the claim for termination of common ownership;
5) the claim for division of joint property;
6) the claim for set-off of acquired assets;
7) the claim for termination of application of unfair standard terms or termination and withdrawal by the person recommending application of the term of recommendation of the term;
8) the claim for repeal or establishment of nullity of a resolution of a legal person;
9) the claim for recognition of a claim in a bankruptcy proceeding. [RT I, 29.06.2012, 3 - entry into force 01.07.2012]
(5) For the purposes of the value of an action, the claim for the declaration of compulsory enforcement to be inadmissible is also deemed to be a non-proprietary claim. The court shall not determine the value of an action with such claim to be more than 6000 euros.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 133. Determination of value of action by principal and collateral claims

(1) The value of an action is calculated by the principal and collateral claims.
(2) For the purpose of calculating the value of an action for the collateral claim specified in §
367 of this Code, the amount corresponding to the sum of penalties for late payment accounted for one year is added to the sum of penalties for late payment accounted as at the filing of the action.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 134. Joinder of claims upon calculation of value of action

(1) Claims contained in an action are joined for the purpose of calculating the value of the action. If the claims are alternative, the value of the action is determined by the higher claim.
(2) If an action is filed against several jointly and severally liable defendants or if several plaintiffs file a joint claim against the same defendant in a joint statement of claim, the value of the action is determined by the value of the claim.
(3) If a proprietary claim is filed together with a related establishment claim, only the value of the proprietary claim is deemed to be the value of the action.

§ 135. Specification of value of civil matter by petitioner

The plaintiff or other petitioner specifies the value of the action in the statement of claim, other petition or appeal unless such value clearly arises from the object of the petition or an earlier petition or is exactly specified by law.

§ 136. Determination of value of civil matter by court

(1) The court determines the value of a civil matter if such value is not prescribed by law and is not indicated in the petition. The court may determine the value of a civil matter also if the court finds the value of the action specified by the plaintiff or other petitioner to be incorrect.
(2) For determination of the value of a civil matter, the court may request evidence from the participants in the proceeding, organise inspection or order evaluation by an expert.
(3) The bearing of the expenses of expert evaluation is prescribed by the ruling on determination of the value of the civil matter. The court may decide that such costs must be borne, in part or in full, by the party who caused the need for evaluation by failing to specify the value, presenting
an incorrect value or contesting the value without basis.
(4) The court has the right amend a ruling on the value of a civil matter before the adjudication of the matter in that court instance. The court may also change the value by the court decision whereby the matter is adjudicated.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) [Repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 137. Value of civil matter upon filing of appeal

(1) The value of a civil matter in filing an appeal against a court decision, appeal in cassation or appeal against a ruling is equivalent to the value of the matter in the court of first instance, taking account of the extent of the appeal.
(11) A higher court may change the value of the matter if it was determined incorrectly by a lower court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) If a party has filed an appeal against a judgment in the part of both the action and the counterclaim, the values of the action and counterclaim adjudicated by the appealed judgment are joined, provided that the claims of action do not preclude each other. If the claims of action preclude each other, the action with the higher value is taken as the basis.
(3) The value of a joint appeal by several participants in a proceeding is determined based on the value of that which is requested by the appeal.
(4) [Repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012]
(5) In filing an appeal or appeal in cassation against a judgment made in documentary proceedings, an interim judgement or a partial judgment made with a reservation concerning set- off, the value of the matter is presumed to be 1/4 of the value of the matter in the court of first instance.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 18 PROCEDURAL EXPENSES Division 1 General Provisions

§ 138. Composition and calculation of procedural expenses

(1) Procedural expenses are the legal costs and extra-judicial costs incurred by a participant in a proceeding.
(2) Legal costs are the state fee, security and the costs essential to the proceeding.
(3) In each court instance, the court keeps record of the procedural expenses incurred in the matter, including of the costs essential to the proceeding.

§ 139. State fee

(1) A state fee is a sum of money which, pursuant to law, is payable to the Republic of Estonia for the performance of a procedural act.
(2) A state fee shall be paid on a procedural act for the performance of which a state fee is provided for in the State Fees Act.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]
(21) If pursuant to the State Fees Act a rate of the state fee which is lower than the full rate of the state fee is established for the filing of an action or appeal by electronic means through the website www.e-toimik.ee to the e-file proceedings information system (hereinafter through the website www.e-toimik.ee) and a participant in the proceeding cannot file a petition or appeal by electronic means through the specified website with a good reason, the court enables the performance of the procedural act at the lower rate of the state fee on the basis of a reasoned request.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]
(3) [Repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012] (4) [Repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012]
(5) A state fee is not paid for a petition for initiation of proceedings in a matter on petition which the court is entitled to adjudicate at its own initiative. This does not preclude payment of a state fee on the basis of a court decision.
(6) A state fee is not paid for a request for procedural assistance.

§ 140. Security on cassation

(1) Instead of a state fee, security on cassation is paid for appeals in cassation, appeals against rulings and petitions for review filed with the Supreme Court.
(2) For an appeal in cassation and petition for review, a security of one percent of the value of the civil matter, which shall not be lower than 100 euros and not higher than 300 euros, is paid, taking account of the extent of the appeal. A security of 50 euros is paid for matters on petition, non-proprietary claims and appeals against rulings.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 141. [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 142. Security for petition to set aside default judgment, reopening of proceeding or restoration of term

(1) Instead of a state fee, a security is paid for petitions to set aside a default judgment, petitions for restoring a term and petitions for reopening a proceeding.
(2) For a petition to set aside a default judgment or a petition for reopening a proceeding, a security is paid in an amount equal to the state fee payable for one-half of the value of the action, which shall however not be lower than 100 euros and not higher than 1500 euros.
(3) For a petition for restoration of a term, a security is paid which:
1) in an action is equal to the state fee payable for one-quarter of the value of the action, which shall however not be lower than 50 euros and not higher than 1500 euros;
2) in a proceeding on petition is equal to one-quarter of the state fee payable for the matter on petition, which shall however not be lower than 25 euros.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 143. Costs essential to proceedings

Costs essential to proceedings are:
1) the costs related to witnesses, experts, interpreters and translators as well as the costs of persons not participating in the proceeding incurred in connection with examinations to be compensated for pursuant to the Forensic Examination Act;
[RT I 2010, 8, 35 - entry into force 01.03.2010]
2) the costs related to obtaining documentary evidence and physical evidence;
3) the costs related to inspection, including necessary travel expenses incurred by the court;
4) the costs of service and sending of procedural documents through a bailiff or in a foreign state or on or to extra-territorial citizens of the Republic of Estonia;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
41) the costs of issuing procedural documents; [RT I 2008, 59, 330 - entry into force 01.01.2009]
5) [repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012]
6) the costs related to the determination of the value of the civil matter.

§ 144. Extra-judicial costs

Extra-judicial costs are:
1) the costs related to the representatives and advisers of the participants in a proceeding;
2) travel, postal, communications, accommodation and other similar costs of the participants in the proceeding which are incurred in connection with the proceeding;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
3) unreceived wages or salaries or other unreceived permanent income of the participants in the proceeding;
4) the costs of pre-trial proceedings provided by law unless the action was filed later than six months after the end of the pre-trial proceedings;
5) the bailiff's fee for securing an action and the costs related to the enforcement of a ruling on the securing of an action;
51) the bailiff's fee for the service of procedural documents; [RT I, 29.06.2012, 3 - entry into force 01.07.2012]
6) the costs related to the processing of an application for procedural assistance in bearing procedural expenses.
7) the costs of expedited procedure in matters of payment order; [RT I, 29.06.2012, 3 - entry into force 01.07.2012]
8) the costs of participation in a conciliation proceeding if the court imposed an obligation on the parties to participate in such proceeding pursuant to subsection 4 (4) of this Act or if it is a mandatory pre-trial conciliation proceeding pursuant to subsection 1 (4) of the Conciliation Act. [RT I 2009, 59, 385 - entry into force 01.01.2010]

§ 145. Release from payment of state fee and security

The Republic of Estonia as a participant in a proceeding is released from payment of the state fee and the security.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Division 2 Bearing of Procedural Expenses

§ 146. Persons to bear procedural expenses

(1) The following persons bear procedural expenses:
1) a person requesting initiation of a proceeding or performance of another procedural act;
2) a person who, by way of a petition filed with the court or an agreement, has assumed the obligation to bear the costs;
3) a person who, based on the court decision, is required to bear the procedural expenses.
(2) The persons required to pay procedural expenses in advance who fail to make such advance payment bear, to the extent of the unpaid expenses, joint and several liability among themselves and the persons who are required by a court decision to pay such costs for the benefit of the state as well as any other persons obligated to bear the procedural expenses.
(3) In the relationship among the persons obligated to bear procedural expenses, the person obligated to bear the procedural expenses based on the court decision is responsible for payment of the procedural expenses.

§ 147. Payment of state fee

(1) A petitioner pays the state fee for performance of an act for which a state fee is charged in advance. An action is not served on the defendant and other procedural acts arising from an act for which a state fee is charged are not performed before payment of the state fee. A term for payment of the state fee is set for a petitioner and if the petitioner fails to pay the state fee by the due date, the petition is not accepted unless otherwise prescribed by law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) If several claims or requests are filed by a petition, and the state fee has been paid for at least one of them, acceptance of such claim or request shall not be refused due to failure to pay the state fee.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) If the state fee paid for a claim which has been accepted by the court is less than the amount provided by law, the court demands payment of the state fee in the amount provided by law. If the plaintiff fails to pay the state fee by the due date set by the court, the court refuses to hear the action in the part of the claim.
(4) Upon an increase in the amount of a claim, a supplementary state fee is paid according to the increase in the value of the action. If a petition for the increase of the claim is not filed through the website www.e-toimik.ee, the state fee is paid according to the full rate of the increased value of the action. If a petition for the increase of the claim is filed through the website www.e- toimik.ee, the state fee is paid according to the lower rate of the state fee in respect of the full
rate corresponding to the increased value of the action. If the plaintiff fails to pay a supplementary state fee, the action is deemed to be filed for the initial value.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]
(41) The provisions of subsections (3) and (4) of this section apply respectively to payment of the state fee for a petition or appeal in a proceeding on petition.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) Upon change of an expedited procedure in matters of payment order into an action, a supplementary state fee is paid on the action to the extent that is not covered by the state fee paid on the filing of a petition for application of expedited procedure in matters of payment order. In the case of filing a petition for changing an expedited procedure in matters of payment order into an action, the matter is not accepted for an action before the state fee for the action has been
paid.
[RT I 2006, 61, 457 - entry into force 01.01.2007]

§ 148. Payment of costs essential to proceedings

(1) Unless the court rules otherwise, the costs essential to proceedings are paid in advance, to the extent ordered by the court, by the participant in the proceeding who filed the petition to which the costs are related. If a petition is filed by both parties or if a witness or expert is
summoned or an inspection is conducted at the initiative of the court, the costs are paid by the parties in equal amounts.
(2) [Repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012]
(3) Money to cover the costs specified in subsections (1) and (2) of this section is paid to the account prescribed for such purpose or at the court in cash or by means of an electronic payment instrument. The court accepts cash to the same extent as it accepts state fees.
[RT I, 31.01.2014, 6 - entry into force 01.04.2014]
(4) If the party who is required to pay for the costs specified in subsections (1) and (2) of this section in advance fails to do so by the due date set by the court, the court may refuse to perform the requested act.
(5) An appeal may be filed against a court ruling by which the action of the court is made dependent on the advance payment of the costs essential to the proceeding if the object of the appeal exceeds 640 euros. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(6) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 149. Payment and refunding of security

(1) [Repealed - RT I, 29.06.2012, 3 - entry into force 01.07.2012]
(2) Security is paid in advance to the account prescribed for such purpose. [RT I, 31.01.2014, 6 - entry into force 01.04.2014]
(3) Before a security is paid no procedural acts related to the security are performed. The petitioner is set a term for payment of the security and if the security is not paid within such term, the petition is not accepted.
(4) In the case of satisfaction of an appeal in cassation, appeal against a ruling or petition for review, in part or in full, the security is refunded based on a decision of the Supreme Court. In the case of refusal to accept or satisfy an appeal or petition for review, the security is transferred into the public revenues. The security is refunded if an appeal or petition for review is not accepted because it does not comply with the format requirements or because it contains other omissions and the omissions are not corrected by the due date set by the court, likewise if an
appeal, petition for review, action or petition in a proceeding on petition is refused to be heard or the proceeding in the matter is terminated.
(5) In the case of satisfaction of a petition for setting aside a default judgment, reopening of a proceeding or restoration of a term, in part or in full, the security is refunded on the basis of a court ruling. If a petition is not satisfied, the security is transferred into the public revenues. The
security is also refunded if a petition is not accepted, likewise if a petition or action is refused to be heard or the proceeding in the matter is terminated.
(51) The security is not refunded if a petition to set aside a default judgment is satisfied in part or in full and it is transferred into the public revenues if an action or summons was served in conformity with the requirements provided for in this Code, including if it was served by public announcement, and the action could be satisfied by making a default judgment. The court may refund the security in the case specified above if the defendant could not respond to the action or appear in the court session due to an accident or illness, of which the defendant could not inform the court.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]
(6) In addition to payment to the account prescribed for such purpose, the security may also be paid in cash at the premises of the court, or by means of an electronic payment instrument. The court accepts cash to the same extent as it accepts state fees.
[RT I, 31.01.2014, 6 - entry into force 01.04.2014]
(7) The security is refunded if the paid amount exceeds the prescribed amount, to the extent of any overpaid amount.
(8) The security is refunded on the basis of a ruling of the court that adjudicates the petition to the participant in the proceeding who has paid it or for whom it has been paid or at the request thereof to another person. The costs essential to the proceeding are not deducted from the refundable amount. Upon filing a petition or appeal on which security is payable, it shall be indicated in the petition or appeal to whom and to which bank account the security is to be refunded.
(9) A claim for refunding security expires two years after the end of the year during which such security was paid, however not before the judgment to terminate the proceeding has entered into force.
(10) An appeal may be filed against a ruling to refuse to refund security made by a county court or circuit court if the security which refund is requested exceeds 64 euros. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court. [RT I 2010, 22, 108 - entry into force 01.01.2011]
(11) Compensation of security cannot be demanded from the opposing party or another participant in the proceeding regardless of the content of the court decision terminating the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 150. Refunding of state fees and other legal costs

(1) A state fee already paid is refunded if:
1) the paid amount exceeds the prescribed amount, to the extent of any overpaid amount;
2) a petition is not accepted;
3) the hearing of a petition is refused, except in the cases where the hearing of an action is refused due to withdrawal of the action by the plaintiff, failure by both parties or the plaintiff to appear in a court session, failure of the plaintiff to comply with the court's request to find himself or herself an interpreter, translator or representative proficient in Estonian, or failure of the plaintiff to provide a security for covering the presumed procedural expenses of the defendant;
4) a petition for expedited procedure in matters of payment order is not satisfied in the cases provided for in subsections 483 (2) 1) and 2) of this Code;
5) an appeal is satisfied, to the person filing an appeal against a ruling, or to the person filing an appeal against a decision of the Industrial Property Committee with a county court, if there are no other participants in the proceeding who participate in the proceeding or if the court does not order another participant in the proceeding to pay the state fee;
6) an appeal against a ruling on refusal to restore a term is satisfied, to the person filing the appeal against the ruling.
(2) One half of the paid state fee is refunded if:
1) the parties or the participants in a proceeding on petition reach a compromise;
2) the plaintiff discontinues the action;
3) prior to the making public of a judgment of a court of first instance in full, the parties waive the right to file an appeal.
(3) Upon refusal to hear a petition or termination of a proceeding due to the approval of a compromise or discontinuance of the action, the state fee paid in the previous court instance is not refunded.
(4) The state fee is refunded by the court, in the proceeding of which the matter was last, only on the basis of a petition of the party in the proceeding who paid the state fee or for whom the state fee was paid. In the cases specified in clauses (1) 2) and 3) of this section, the costs essential to the proceeding are deducted from the refunded amount. The state fee is refunded to the
participant in the proceeding who was required to pay it or upon the request thereof to another person.
(5) Discontinuance of an action by the plaintiff does not restrict the defendant's right to request that the court order payment by the plaintiff, in full, of the procedural expenses, including the paid state fees, pursuant to the procedure provided for in subsection 168 (4) of this Code.
(6) A claim for refunding state fees expires two years after the end of the year during which such state fees were paid, however not before the judgment to terminate the proceeding has entered into force.
(7) The costs essential to the proceeding paid by or for a participant in the proceeding at the request of the court are refunded to the extent of any overpaid amount, and also if the act which costs were paid in advance is not performed or if the state does not incur any costs in connection with the act. The amount is refunded pursuant to the procedure provided in subsections (4)–(6) of this section.
(8) An appeal may be filed against a ruling to refuse to refund state fees or costs essential to the proceeding made by a county court or circuit court if the amount which refund is requested exceeds 64 euros. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

Division 3 Costs Related to Witnesses, Experts, Interpreters and Translators and Other

Costs Related to Giving Evidence

§ 151. Compensation for witnesses, fees for experts, interpreters and translators

(1) Pursuant to the provisions of this Division, compensation is paid to witnesses and fees are paid to experts, interpreters and translators who participate in a proceeding.
(2) The provisions of this Division, except for § 159, do not extend to the employees of a court or another state agency involved in the capacity of interpreters, translators or experts who, by interpreting, translating or acting as experts, are performing their duties of employment. The extent of and procedure for compensation for the costs of a staff interpreter or translator shall be established by the Government of the Republic. The costs of making an expert assessment by a state forensic institution are compensated to the extent and pursuant to the procedure provided in the Forensic Examination Act.
[RT I 2010, 8, 35 - entry into force 01.03.2010]
(3) If a witness, expert, interpreter or translator has performed his or her duty, the court pays compensation or fees to them regardless of whether advance payment of the costs has been made by the participants in the proceeding or whether the court has collected the costs from the participants in the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 152. Payment of compensation for witnesses

(1) A witness is paid compensation for a witness. Compensation for a witness is compensation for any unreceived salaries or wages or other unreceived permanent income. Compensation for a witness is also paid if a question about evidence is responded to in written form.
(2) The amount of compensation for a witness is calculated based on the hourly fee rate related to the gross average wages earned by the witness multiplied by the number of hours the witness was absent from work.
(3) The court determines the hourly rate of compensation for a witness within the limits of minimum and maximum hourly wages established by a regulation of the Government of the Republic.
(4) If giving testimony did not cause a loss of income to a witness or the witness has no source of income, compensation for a witness is paid to him or her according to the lowest rate.

§ 153. Payment of fees to experts, interpreters and translators

(1) Experts, interpreters and translators are paid fees for the performance of their duties in the form of hourly fees within the limits of minimum and maximum hourly wages established by a regulation of the Government of the Republic. Hourly fee payable to experts, interpreters and translators shall not be lower than the minimum permitted hourly wages payable to an employed person and shall not exceed such rate more than 50 times.
[RT I 2010, 8, 35 - entry into force 01.03.2010]
(2) Upon determination of the hourly fees, the court considers the qualifications of the expert, interpreter or translator, the complexity of the work, any unavoidable costs incurred upon use of necessary means and any special circumstances under which the expert assessment, interpretation or translation was made.
(3) A person who translated a document is paid for each translated page to the extent established by a regulation of the Government of the Republic. The Government of the Republic may also establish a fixed fee for certain types of expert assessment, interpretation or translation by a regulation.
(4) If an expert, interpreter or translator so desires, the fee may be paid to the employer of the expert, interpreter or translator or to another person with whom the expert, interpreter or translator has contractual relations based on an invoice presented thereby.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 154. Witnesses, experts, interpreters and translators from foreign states

A witness, expert, interpreter or translator residing in a foreign state may be paid compensation or fees according to a higher rate than the rates established by the Government of the Republic if such compensation or fee is usual in his or her state of residence and the person's participation in the proceeding is absolutely necessary. The Government of the Republic may establish the specific procedure for payment of compensation or fees at a higher rate by a regulation.
[RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 155. Reimbursement of costs to experts

(1) The costs related to the preparation and compilation of an expert opinion, including necessary expenses for support staff, and for materials and means used upon expert assessment are also reimbursed to the expert.
(2) The costs specified in subsection (1) of this section are not reimbursed to a higher extent than 20% of the expert's fee.

§ 156. Reimbursement of travel expenses

(1) Travel expenses related to a proceeding are reimbursed to witnesses, experts, interpreters and translators to a reasonable extent.
(2) The Government of the Republic may establish limits on the travel expenses to be reimbursed and specify the composition of the costs subject to reimbursement by a regulation.

§ 157. Reimbursement of other costs

Other necessary costs arising from a court proceeding, above all the costs of accommodation and meals are reimbursed to witnesses, experts, interpreters and translators to the extent established by the Government of the Republic.

§ 158. Advance payment of costs

(1) If a witness, expert, interpreter or translator summoned to court lacks sufficient funds to travel to the court or he or she cannot be reasonably expected to cover such costs, the witness, expert, interpreter or translator is paid, at his or her request, such costs in advance.
(2) If an expert, interpreter or translator is fully or mainly absent from his or her professional activities at the request of the court for a period of at least 30 consecutive days, a reasonable advance payment is made to the expert, interpreter or translator at his or her request. An expert may also request advance payment if preparation of an expert opinion requires high expenses which the expert cannot be reasonably expected to be cover.

§ 159. Determination of costs

(1) The amount of compensation payable to a witness, the size of an expert's, interpreter's or translator's fee and the costs to be reimbursed to such persons are determined by the court which involved the witness, expert, interpreter or translator. The court sends a transcript of the ruling to the agency designated by a directive of the Minister of Finance.
[RT I, 28.12.2011, 1 - entry into force 01.01.2012]
(11) Compensation payable to a witness, expert's, interpreter's or translator's fee and compensations for costs include taxes provided by tax legislation which are withheld or if necessary paid by the agency making payment to the person participating in the proceeding. If, according to the recipient, the amounts payable to a natural person constitute business income of the person or the payment is made to the employer of the person entitled to receive payment, the agency executing the ruling transfers the entire amount prescribed by the ruling unless otherwise provided by tax legislation.
[RT I 2010, 8, 35 - entry into force 01.03.2010]
(2) A witness, expert, interpreter, translator, a participant in the proceeding or the Republic of Estonia through the Ministry of Justice may file an appeal against the ruling of a county court or circuit court specified in subsection (1) of this section or the ruling to refuse to determine costs if the amount requested or determined by the court exceeds 64 euros. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 160. Procedure for payment of compensation and fees

(1) Compensation for witnesses and experts', interpreters' and translators' fees are paid only based on their request.
(2) Unless a witness files a request for payment of compensation and reimbursement of costs with the court, the claim for payment of compensation to a witness and reimbursement of his or her costs terminates three months after the date on which the witness participated in the proceeding for the last time. The court informs a witness of such term and the legal consequences of expiry of the term.
(3) The court may set an expert, interpreter or translator a term of at least 30 days for submission of the sum total of the claim. Upon setting the term, the court also informs an expert, interpreter
or translator of the consequences of expiry of the term.
(4) The claim of an expert, interpreter or translator terminates unless he or she files the claim within the term set by the court. An expert, interpreter or translator may request restoration of the term if he or she had good reason for failing to respect the term. A petition for restoration of a term may be filed within 14 days after removal of the obstacle and substantiation of the conditions of restoration of the term. No fees or security is payable on the petition for restoration of the term.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) Notwithstanding the provisions of subsections (3) and (4) of this section, a claim of an expert, interpreter or translator terminates within one year after the arising thereof.
(6) Any overpaid compensation for a witness, or expert's, interpreter's or translator's fees, or reimbursed costs may be reclaimed on the basis of a court ruling if such ruling is delivered to the obligated person within one year after the date of overpayment. An appeal may be filed against a ruling of a county court or circuit court if the object of the appeal exceeds the amount of 64 euros. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 161. Reimbursement of other costs related to submitting of evidence

(1) A person who submits a document or physical evidence to a court, enables inspection
thereof, issues a thing for expert assessment or enables the conduct of expert assessment but who is not a participant in the proceeding has the right to claim reimbursement of necessary costs incurred by him or her in connection with the procedural act from the state. The costs incurred by a person in connection with an expert assessment are reimbursed on the conditions and pursuant to the procedure for reimbursement of the costs of persons not participating in proceedings incurred in connection with expert assessment provided in the Forensic Examination Act.
[RT I 2010, 8, 35 - entry into force 01.03.2010]
(2) The costs specified in subsection (1) of this section are determined, based on a petition, by the court which conducted the procedural act. The court also sends a transcript of the ruling to the agency designated by a directive of the Minister of Finance.
[RT I, 28.12.2011, 1 - entry into force 01.01.2012]
(3) A claim for reimbursement of costs terminates three months after the date on which the procedural act was conducted unless the person entitled to be reimbursed files a petition for reimbursement of the costs with the court. The court informs a person entitled to be reimbursed of such term and the legal consequences of expiry of the term.
(4) A person who has filed a petition, witness, expert, interpreter, translator, a participant in the proceeding or the Republic of Estonia through the Ministry of Justice may file an appeal against the ruling specified in subsection (2) of this section or the ruling to refuse to determine costs if the amount requested or determined by the court exceeds 64 euros. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

Division 4 Division of Procedural Expenses

§ 162. Division of procedural expenses in actions

(1) The costs of an action are covered by the party against whom the court decides.
(2) Among other, the party against whom the court decides is required to compensate the other party for any necessary extra-judicial costs which arose as a result of the court proceeding. A party is reimbursed for any extra-judicial costs, including compensation for unreceived wages or other unreceived permanent income on equal grounds and to the same extent as witnesses are compensated for their costs.
(3) The procedural expenses of a legal representative of a party are reimbursed pursuant to the same procedure as the procedural expenses of a party.
(4) In the cases where ordering payment of the opposing party's costs from the party against whom the court decides would be extremely unfair or unreasonable, the court may decide that the costs be covered, in part or in full, by the party who incurred the costs.
(5) If pursuant to the State Fees Act a rate of the state fee which is lower than the full rate of the state fee is established for the filing of an action or appeal through the website www.e-toimik.ee, the overpaid state fee must be covered by the party who incurred the fee.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 163. Division of procedural expenses upon satisfaction of action in part

(1) In the case an action is satisfied in part, the parties cover the procedural expenses in equal parts unless the court divides the procedural expenses in proportion to the extent to which the
action was satisfied or decides that the procedural expenses must be covered, in part or in full, by the parties themselves.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) If an action is satisfied in part, and to an extent similar to the compromise offered by one of the parties, the court may decide that all or most of the procedural expenses must be covered by the party who did not accept the compromise offer.

§ 164. Division of procedural expenses in contentious matters of family law

(1) Both parties cover their own procedural expenses in contentious matrimonial and filiation matters.
(2) The court may divide the procedural expenses differently from the provisions of subsection (1) of this section if the dispute arises from the division of marital property or if such division of the expenses would be unfair and, among other, if such division would excessively damage the essential needs of one of the spouses.
(3) In the case where the defendant in a maintenance matter has caused the proceeding by failing to provide complete information concerning his or her income or property, the court may decide, regardless of the outcome of the proceeding, that all or part of the procedural expenses must be covered by the defendant.

§ 165. Division of procedural expenses between co-plaintiffs and co-defendants

(1) If a decision is made against co-plaintiffs or co-defendants, the co-plaintiffs or co-defendants are liable for the procedural expenses in equal parts unless the court rules otherwise. If persons
are participating in a proceeding to a different extent, the court may base the division of expenses on the extent of their participation.
(2) In a proceeding, a co-plaintiff or co-defendant is not required to cover additional procedural expenses arising from a petition, statement, evidence, appeal or contestation filed by another co- plaintiff or co-defendant. The above also applies if pursuant to subsection 207 (3) of this Code, a procedural act of a co-plaintiff or co-defendant is applicable to other co-plaintiffs or co- defendants.
(3) If the court decides against defendants who are solidary debtors, the defendants are also jointly and severally liable for covering the procedural expenses. This does not preclude or restrict the application of the provisions of subsection (2) of this section.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 166. Division of procedural expenses upon substitution of party in case of transfer of disputed object

Upon substitution of a party in the case of transfer of the disputed object or assignment of claim, the substituted party and the substituting party are jointly and severally liable for the
procedural expenses of the opposing party if the court decides in favour of the opposing party. The court determines a different division of costs if dividing the costs in the manner indicated above would clearly be unfair.

§ 167. Procedural expenses of third party without independent claim

(1) The procedural expenses of a third party without an independent claim or a representative thereof are compensated for by the opposing party of the party thereof according to the same rules applicable for compensation of the procedural expenses to such party in so far as the opposing party is liable for covering the procedural expenses pursuant to the provisions of this Division.
(2) If the opposing party is not required to compensate for the expenses, the expenses are covered by the third party without an independent claim. This does not preclude or restrict the right of a third party to claim compensation for the expenses on the grounds arising from private law.
(3) A third party without an independent claim covers the procedural expenses caused to other participants in the proceeding by a petition, request or appeal thereof unless such expenses are covered by the opposing party thereof.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 168. Division of procedural expenses upon refusal to accept matter, refusal to hear action, termination of proceeding and admission of claim

(1) The plaintiff covers the procedural expenses if the court refuses to accept the petition and returns it.
(2) The plaintiff covers the procedural expenses if an action is not heard or the proceeding is terminated by a ruling, unless otherwise provided by the provisions of subsections (3)–(5) of this section.
(3) In the case of a compromise, the parties cover their own procedural expenses unless they agree otherwise.
(4) If the plaintiff discontinues or withdraws an action, the plaintiff covers the defendant's procedural expenses, unless the plaintiff has discontinued or withdrawn the action because the defendant has satisfied the claim after the action was filed.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) If the plaintiff discontinues or withdraws an action because the defendant has satisfied the plaintiff's claim after the action was filed, the defendant covers the plaintiff's procedural expenses.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(6) If the defendant admits the action immediately, the plaintiff covers the procedural expenses unless the defendant has given reason for filing the action by his or her behaviour.

§ 169. Procedural expenses arising from delay of proceeding

(1) A participant in a proceeding who allows the term for performance of a procedural act to expire or causes the changing of the time of performance of a procedural act, postponement of hearing the matter or extension of a term by his or her belated submission of objections or evidence, or in any other manner, covers the additional procedural expenses arising therefrom. A participant in a proceeding may also be ordered to cover, regardless of the outcome of the proceeding, the expenses caused by service of procedural documents if the delay in service was caused by incorrect information entered in the population register, commercial register or non- profit associations and foundations register concerning the person.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) The procedural expenses related to the restoration of a term, filing of a petition to set aside a default judgment or reopening of a proceeding are covered by the person who files the petition for restoration of a term, for setting aside a default judgment or for reopening a proceeding regardless of whether or not the action is satisfied.
(3) The court may decide that the procedural expenses related to the filing and contesting of a petition which was not satisfied or a statement or evidence which was disregarded are covered, regardless of the outcome of the proceeding, by the participant in the proceeding who submitted the petition, statement or evidence.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 170. Expenses related to pre-trial taking of evidence

(1) The legal costs of pre-trial taking of evidence organised for preliminary safeguarding of evidence or preliminary establishment of facts are borne by the person at whose request the proceeding was initiated.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) The costs of pre-trial taking of evidence are taken into consideration upon division of the expenses of the main proceeding.

§ 171. Specifications of covering procedural expenses in higher court

(1) The procedural expenses caused by the filing of an appeal against a court decision, appeal in cassation, appeal against a ruling or petition for review are covered by the person filing the appeal or petition if the appeal or petition is not satisfied.
(2) If the person who filed an appeal against a court decision or an appeal against a ruling wins the case based on a new fact presented thereby although such fact could have been relied on
already in the county court, the court may decide that the party in whose favour the court decided must cover all or a part of the costs related to the appeal against a court decision or appeal
against a ruling.
(3) If the defendant against whom a judgment of a county court is made applies for the application of a limitation period in a circuit court and the defendant failed to apply for application of the limitation period in the county court and the circuit court applies the limitation period, the court may decide that the legal costs of the appeal proceeding must be covered by the defendant.
(4) In the case a petition for review is satisfied, the procedural expenses related to the review are deemed to be a part of the procedural expenses of the reviewed matter.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 172. Procedural expenses in proceedings on petition

(1) In a proceeding on petition, the procedural expenses are covered by the person in whose interests the decision is made. If several persons participate in a proceeding on petition, the court may decide that all or a part of the procedural expenses must be covered by a certain participant in the proceeding if this is fair considering the circumstances, including if the participant in the proceeding has submitted an unfounded petition, statement or evidence.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) If only a petitioner participates in a proceeding or unless the court decides that the procedural expenses must be covered by other participants in the proceeding, the procedural expenses are covered by the petitioner, including the costs of the petitioner's representative, even if the petition is satisfied. If an appeal against a ruling is satisfied, the state fee for the appeal against the ruling is refunded pursuant to the provisions of § 150 of this Code.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) The costs of placement of a person in a closed institution and the proceeding related thereto are covered by the state unless the court decides that all or a part of such costs must be covered by the person himself or herself or his or her guardian, because the court considers this to be fair and the person can be presumed to cover the costs. The court may decide that all or a part of the
expenses related to a proceeding for appointment of a guardian for a person or annulment thereof or a proceeding for application of measures related to guardianship, likewise of the expenses related to a proceeding in a family matter on petition and imposition of a restraining order or another similar measure for protection of personality rights must be covered by the state.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) In a proceeding on petition, the costs arising from application of estate management measures are covered by the successors pursuant to the provisions concerning obligations of the estate provided by the Law of Succession Act.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) The expenses of a proceeding for determination of the amount of compensation payable to the partners and shareholders of a company are covered by the person required to pay the compensation. If this is fair considering the circumstances, the court may decide that all or a part of the expenses must be paid by the petitioner.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(6) The expenses of a proceeding of compulsory dissolution of a legal person and appointment of a substitute member of a management board or supervisory board, auditor, auditor for special audit or liquidator of a legal person and the proceeding related thereto are covered by the legal person. If this is fair considering the circumstances, the court may decide that all or a part of the expenses must be paid by the petitioner or another person.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(7) If the court initiates a proceeding on petition on the basis of an action or petition of a person, the court may decide that all or a part of the procedural expenses must be paid by the person if the proceeding is unfounded or was intentionally caused by the person or due to the person's
gross negligence. If initiation of a proceeding is possible only based on a petition and the petition is not satisfied, the court decides that the procedural expenses must be covered by the petitioner, unless otherwise provided by law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(8) In a proceeding on petition, necessary extra-judicial costs are compensated to the participants in the proceeding on the same basis as compensation payable to witnesses. Compensation for extra-judicial costs can be requested only if the court decides that these must be covered by a participant in the proceeding. Covering of extra-judicial costs by the state may
be decided only if procedural assistance was granted to a person for covering extra-judicial costs. The above also applies in the case specified in subsection (3) of this section.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(9) The expenses of an expedited procedure in a matter of payment order are covered by the debtor in the case of making a payment order and in the case provided in § 4881 of this Code;
and in other cases by the petitioner, unless otherwise provided by law. The provisions concerning procedural expenses in actions apply otherwise. If hearing of a matter of a payment order is continued in actions, the expenses of the expedited procedure in the matter of payment order are included in the procedural expenses for actions.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(10) The state fee payable upon filing a complaint against a decision of a bailiff and filing an application with the court for performance of a notarial act is covered by the participant in the proceeding against whom a decision is made.
[RT I 2010, 26, 128 - entry into force 14.06.2010]

Division 5 Determination of Procedural Expenses

§ 173. Determination of division of procedural expenses in court decision

(1) The court which adjudicates a matter sets out the division of the procedural expenses between the participants in the proceeding in the court judgement or in the ruling on termination of the proceeding, including in a ruling by which a petition in a proceeding on petition or a petition for review is adjudicated or an action or petition in a proceeding on petition or petition for review is not accepted or is refused to be heard or the proceeding in the matter is terminated. The court which is the next to adjudicate the matter sets out in its decision the division of all the procedural expenses which have already been covered. If necessary, the specifications of covering procedural expenses in court instances, including in pre-trial proceedings, are set out.
(2) The division of procedural expenses shall be set out in a court decision even if the participants in the proceeding fail to request it.
(3) If a higher court amends a decision which has been made or makes a new decision without referring the matter for a new hearing, the court amends, where necessary, the division of procedural expenses accordingly. If a higher court annuls a decision of a lower court and refers the matter for a new hearing, including if the Supreme Court satisfies a petition for review, the lower court is granted the right to decide on the division of procedural expenses.
(4) In the division of procedural expenses, the court specifies which procedural expenses are to be covered by each participant in the proceeding, except for the amount of the expenses in money. If necessary, the court determines a proportional division of the procedural expenses between the participants in the proceeding. If several participants in a proceeding, primarily co- plaintiffs or co-defendants, are ordered to cover procedural expenses jointly, the decision shall set out whether they are liable as joint obligors or solidary obligors.
(5) The court does not set out the division of procedural expenses in an interim judgement, in a partial judgement with a reservation concerning set-off and in a judgement with a reservation concerning contestation in documentary proceedings if the court continues to adjudicate these matters in these cases. In such case the division of procedural expenses is prescribed in the final judgement.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 174. Determination of procedural expenses

(1) A participant in a proceeding has the right to demand, within 30 days after the court decision concerning the division of costs enters into force, that the court of first instance which adjudicated the matter determine the procedural expenses in money based on the division of expenses provided in the decision. The court sets this out in the court decision prescribing the division of procedural expenses.
(2) If the matter of annulment of a decision of an arbitral tribunal is adjudicated in the first instance by the circuit court (subsection 755 (4) of this Code), the determination of the
procedural expenses pursuant to the procedure provided for in subsection (1) of this section may be demanded from the same circuit court. If a petition for review is not satisfied, not accepted or refused to be heard or if the proceeding is terminated, the determination of procedural expenses pursuant to the procedure provided for in subsection (1) of this section may be demanded from the Supreme Court.
(3) A petition for determination of the amount to be compensated is filed with the court of first instance which conducted proceedings in the matter, and in the event specified in subsection (2) of this section, with the circuit court or the Supreme Court, respectively. A list of procedural expenses, which sets out the composition of the costs in detail, is annexed to the petition. The petition must contain a confirmation that all the costs have been incurred in connection with the court proceeding.
(4) Compensation of procedural expenses to a participant in a proceeding is not precluded by the fact that these have been covered for the participant in the proceeding by another person.
(5) The court may set a participant in a proceeding a term for specification of the procedural expenses to be compensated for or require a participant in a proceeding to submit documents in proof of the procedural expenses. Documents in proof of the procedural expenses need not be submitted without a demand of the court.
(6) In order to be compensated for the value added tax on procedural expenses, a petitioner must confirm that the petitioner is not a person liable to value added tax or cannot recover the value added tax on the incurred expenses due to any other reason.
(7) A participant in a proceeding only has the right to file a claim against the participant in the proceeding required to cover the procedural expenses for compensation of costs, such as a claim for compensation for damage or similar, in the proceeding for determination of procedural expenses and to an extent determined in such proceeding.
(8) A ruling on determination of procedural expenses may also be made by an assistant judge. [RT I 2008, 59, 330 - entry into force 01.01.2009]
[RT I, 06.02.2014, 13 - entry into force 04.02.2014 - The decision of the Supreme Court en banc declares subsection 125¹ (2) of the Courts Act and subsection 174 (8) of the Code of Civil Procedure in the part pursuant to which the procedure expenses in a civil proceeding may be determined by a judicial clerk to be in conflict with the Constitution and repealed.]

§ 1741. Determination of procedural expenses with division of costs

(1) Upon termination of the proceeding of a matter by way of compromise or due to discontinuance of the action or by making of a judgement based on the admission of the claim by the defendant, the court determines in the ruling on termination of the proceeding or in the decision based on the admission of the claim also the amount of the procedural expenses to be compensated for in money in addition to the division of procedural expenses. The court sets the participants in a proceeding a reasonable term for submission of a list of their procedural
expenses before the making of a ruling or judgement.
(2) In the expedited procedure in a matter of payment order the court also determines the amount of the state fee in money to be compensated for in addition to the division of procedural expenses in the payment order or in the ruling on termination of the proceeding due to payment of the debt in the case prescribed in § 4881 of this Code and orders payment of 20 euros to cover
the petitioner's procedural expenses. Other procedural expenses incurred by the petitioner are not subject to compensation in the expedited procedure in a matter of payment order.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(3) The court also determines the procedural expenses to be compensated for by the defendant in a judgement by default at the request of the plaintiff if the plaintiff submits a list of procedural expenses by the due date set by the court.
(4) In the cases specified in subsections (1)–(3) of this section a participant in a proceeding may not demand compensation for costs pursuant to the procedure provided for in subsections 174 (1)–(3) of this Code, unless the court decision by which the procedural expenses were determined or had to be determined is annulled or, in the case of a judgment by default, the proceeding of the matter is reopened.
[RT I 2008, 28, 180 - entry into force 15.07.2008]

§ 175. Compensation of costs of contractual representatives

(1) If, by a court decision determining the division of procedural expenses, a participant in a proceeding is required to cover the costs of the contractual representative of another participant in the proceeding and the participant in the proceeding does not object to the petition for determination of the procedural expenses, the court may confine itself only to verification that
the costs of the contractual representative do not exceed the maximum amount established on the basis of subsection (4) of this section. If a petition for determination of procedural expenses is clearly unreasoned or if an objection is filed against the costs of the contractual representative, the court also verifies whether the costs of the contractual representative are reasoned and necessary. A contractual representative is an advocate or another representative who represents a participant in a proceeding in the proceeding pursuant to the provisions of § 218 of this Code. [RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(2) Only travel expenses are compensated among the costs related to an employee representing a participant in a proceeding. The costs of advisers are not subject to compensation.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) Expenses made on several contractual representatives are compensated if the costs arose due to the complexity of the case or were caused by the need to change representatives.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(31) The costs for legal assistance incurred by a bailiff in a proceeding for adjudication of a complaint filed against a decision of bailiff and the costs for legal assistance incurred by a notary in a proceeding for adjudication of an application for performance of a notarial act are not
subject to compensation.
[RT I 2010, 26, 128 - entry into force 14.06.2010]
(4) The Government of the Republic shall establish the maximum amounts to the extent of
which payment of expenses of contractual representatives can be claimed from other participants in the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 176. Forwarding of petition for determination of procedural expenses to opposing party

(1) The court serves immediately a petition for determination of procedural expenses together with the list of procedural expenses and proof on the opposing party and sets the opposing party
a term of at least seven days as of the date of service of the petition for submission of objections. The term shall not be shorter than the term for submission of petitions for determination of procedural expenses.
(2) If all or a part of the procedural expenses were divided using fractions or percentages, the court requests, after receiving the petition for determination of procedural expenses, that the opposing party submit, within the term specified in subsection (1) of this section, a list of the opposing party's procedural expenses and, where necessary, also the documents in proof thereof. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) If the court receives no objections or response within the term specified in subsection (1) or (2) of this section, the court makes a ruling only concerning the procedural expenses of the petitioner.
(4) The provisions of subsections (1)–(3) of this section do not apply if the procedural expenses are determined pursuant to the procedure provided for in § 1741 of this Code. However, in the case provided for in subsection 1741 (1) of this Code, other participants in the proceeding are granted a reasonable opportunity to present their position on the list of procedural expenses of the other participants in the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 177. Ruling on determination of procedural expenses

(1) A ruling on determination of procedural expenses is served on the participants in a proceeding.
(2) On the basis of a petition of a person requesting the determination of procedural expenses, the court sets out in the decision on determination of procedural expenses that a fine for delay to the extent prescribed in the second sentence of subsection 113 (1) of the Law of Obligations Act shall be paid on procedural expenses to be compensated beginning from the date on which the decision to determine the amount of procedural expenses enters into force until the date of compliance with such decision.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) If the court has not taken a position on all submitted expenses, a participant in the proceeding may request that the court supplement the ruling on procedural expenses. Supplementing of a ruling may be requested within ten days after the service of the ruling.
(4) The court adjudicates the determination of procedural expenses by a ruling without the descriptive part and the statement of reasons if no objections are filed to the court within the term specified in subsection 176 (1) or (2) of this Code and the court satisfies the petition in full.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 178. Contestation of determination of procedural expenses

(1) A court decision on division of procedural expenses can be contested only by filing an appeal against the court decision whereby the division of the procedural expenses was determined. If the amount of procedural expenses to be compensated was determined together with the division of procedural expenses, the amount of procedural expenses to be compensated can be contested by filing an appeal against this court decision.
[RT I 2008, 28, 180 - entry into force 15.07.2008]
(2) A person who requests the determination of procedural expenses and is ordered to cover such expenses has the right to file an appeal against a ruling on determination of procedural expenses or a ruling whereby such ruling is supplemented if the value of the appeal exceeds 200 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(3) The expenses incurred upon the conduct of proceedings in the matter of an appeal against a ruling specified in subsection (2) of this section are not subject to compensation.

§ 179. Ordering payment and collection of procedural expenses in favour of Republic of

Estonia

(1) Procedural expenses which must be paid to the state and which do not arise from the state's participation in a proceeding as a participant in the proceeding, including state fees which have not been paid or have been paid in an amount less than required or expenses for procedural assistance ordered to be paid in favour of the state, are ordered by the court adjudicating the matter to be paid by the obligated person in a decision made on the matter or by a separate ruling.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) After entry into force of the decision made on the matter, both the court in which proceeding the expenses arose and the county court which adjudicated the matter may order payment of the expenses specified in subsection (1) of this section by a ruling. A ruling shall not be made if
more than two years have passed from entry into force of the court decision made on the matter. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) A person required to pay procedural expenses or the Republic of Estonia through the agency designated by a regulation of the Minister of Finance may file an appeal against a ruling of a county court or circuit court specified in subsections (1) and (2) of this section if the value of the appeal exceeds 64 euros. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.
[RT I, 28.12.2011, 1 - entry into force 01.01.2012]
(4) After entry into force of a decision for ordering, in favour of the state, payment of procedural expenses which do not arise from the state's participation in the proceeding as a participant in the proceeding or a ruling which imposes a fine or another such decision on collection of money, the court sends immediately a transcript thereof to the agency designated by a regulation of the Minister of Finance.
[RT I, 28.12.2011, 1 - entry into force 01.01.2012]
(5) A person obligated, based on a court decision, to pay money into public revenues must comply with the decision within 15 days after entry into force of the decision unless the decision is subject to immediate enforcement or another term is prescribed by the decision.
(51) The procedural expenses specified in this subsection are paid and set off pursuant to the procedure specified in the Taxation Act.
[RT I, 31.01.2014, 6 - entry into force 01.04.2014]
(6) If the obligated person fails to comply with the court decision specified in subsection (4) of this section, the agency designated by a regulation of the Minister of Finance may refer the decision to compulsory enforcement.
[RT I, 28.12.2011, 1 - entry into force 01.01.2012]
(7) The claim for payment of procedural expenses which do not arise from the state's participation in the proceeding as a participant in the proceeding ordered to be paid in favour of the state by a court decision and the claim to comply with a ruling which imposes a fine or another such decision on collection of money expire three years after entry into force of the decision on ordering payment of money. The provisions of the General Part of the Civil Code Act concerning expiry of claims apply to the expiry of a claim.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(8) The provisions of § 209 of the Code of Enforcement Procedure concerning the enforcement of public claims for payment apply to the collection of claims specified in subsection (7) of this section unless otherwise provided by this section.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(9) Upon delaying with payment of the claim specified in subsection (7) of this section, a penalty for late payment to the extent prescribed in the second sentence of subsection 113 (1) of the Law of Obligations Act shall be paid beginning from the date of entry into force of the decision whereby payment of the procedural expenses was ordered until the date of compliance with such decision. The court also set this out in the decision whereby payment of procedural expenses is ordered.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Division 6 Grant by State of Procedural Assistance for Covering Procedural Expenses

§ 180. Grant by state of procedural assistance for covering procedural expenses

(1) Procedural assistance means assistance by the state for covering procedural expenses. At the request of a person (hereinafter recipient of procedural assistance), the court may order that, as procedural assistance, a recipient of procedural assistance:
1) is released, in part or in full, from payment of the state fee or security, or from covering other legal costs or the costs of translating procedural documents or the court decision,
2) may pay the state fee or security, or other legal costs or the costs of translating procedural documents or the court decision in instalments within the term prescribed by the court;
[RT I 2010, 26, 128 - entry into force 14.06.2010]
3) is not required to pay for the legal aid provided by an advocate appointed by way of procedural assistance or is not required to pay it immediately or in full;
4) is released, if the recipient of procedural assistance is a claimant, from all or a part of the expenses related to enforcement proceedings on account of the Republic of Estonia or the costs of service of procedural documents through a bailiff in court proceedings, or payment of such expenses in instalments is prescribed within a term provided by the court;
5) is released from covering the costs related to the exercising of guardianship and from payment of remuneration to a guardian in full or in part on account of the Republic of Estonia;
6) is released, in part or in full, from payment of expenses related to mandatory pre-trial proceedings, or payment thereof in instalments is prescribed within a term provided by the court; [RT I 2008, 59, 330 - entry into force 01.01.2009]
7) is released from all or part of the costs of conciliation proceedings on account of the Republic of Estonia in the case provided in subsection 4 (4) of this Code.
[RT I 2009, 59, 385 - entry into force 01.01.2010]
(2) Upon grant of procedural assistance in Estonia, a participant in a proceeding who is a citizen of another Member State of the European Union or who has residence in another Member State of the European Union may be released, on account of the Republic of Estonia, from covering
the cost of translation of a document requested by the court and submitted by the person applying for procedural assistance, or he or she may be ordered to pay such costs in instalments within a term set by the court, provided that such document is necessary for adjudicating the matter.
(3) Upon grant of procedural assistance in Estonia, a participant in a proceeding who is a citizen of another Member State of the European Union or who has residence in another Member State of the European Union may be released from covering his or her travel expenses, or he or she may be ordered to pay such costs in instalments, provided that the need for the participant in the proceeding to be present in person is provided by law or the court deems it necessary.
(4) The provisions of this Division apply to the grant of procedural assistance for payment for legal aid provided by advocates (state legal aid) only insofar as the State Legal Aid Act does not provide otherwise.

§ 181. Conditions for grant of procedural assistance

(1) Procedural assistance is granted to the person requesting procedural assistance if:
1) the person requesting procedural assistance is unable to pay the procedural expenses due to his or her financial situation or is able to pay such expenses only in part or in instalments; and
2) there is sufficient reason to believe that the intended participation in the proceeding will be successful.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) Participation in a proceeding is presumed to be successful if the petition for the filing of which procedural assistance is requested sets out, to a legally satisfactory extent, the grounds therefor and the facts in proof thereof. The importance of the matter to the person requesting procedural assistance is also taken into consideration upon evaluating the success of the person's participation in the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) A person is not granted procedural assistance if the person's participation in the proceeding is unreasonable and, above all, if that which is petitioned by him or her can be achieved in an easier, more expeditious or less costly manner.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(31) If it appears upon a review of an application for procedural assistance that there are no grounds for granting procedural assistance due to the financial situation of the applicant, but the court finds that payment of the entire payable state fee at once hinders unreasonably, considering the circumstances of the specific case, the person's right of recourse to the court to protect his or her right or interest which is presumed and protected by law, the court may determine by way of procedural assistance that the state fee payable on the statement of claim or appeal is paid in instalments within the term provided by the court.
[RT I 2010, 26, 128 - entry into force 14.06.2010]
(4) Procedural assistance is not granted to a petitioner in the expedited procedure in a matter of payment order or for payment of a state fee payable on an entry application in a registry matter. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) The success or reasonableness of participation in the proceeding is not evaluated upon requesting procedural assistance for translation of a procedural document or court decision. Procedural assistance is not granted for the translation of procedural documents other than a court decision if a person is represented in the proceeding by a representative.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 182. Restrictions upon grant of procedural assistance to natural persons

(1) Procedural assistance is granted to a participant in a proceeding who is a natural person and who, at the time of filing the petition for grant of procedural assistance, has residence in the Republic of Estonia or another Member State of the European Union or is a citizen of the Republic of Estonia or another Member State of the European Union. Determination of the place
of residence within the meaning of this Division shall be based on Article 59 of EU Council
Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil
and commercial matters. Other participants in the proceeding who are natural persons are granted procedural assistance only if this arises from an international agreement.
(2) Procedural assistance is not granted to a natural person if:
1) the procedural expenses are not presumed to exceed twice the average monthly income of the person requesting procedural assistance calculated on the basis of the average monthly income of the last four months before the submission of the petition, from which taxes and compulsory insurance payments and amounts prescribed to fulfil a maintenance obligation arising from law, likewise reasonable expenses on housing and transport have been deducted;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
2) the person requesting procedural assistance is able to cover the procedural expenses out of the existing assets which can be sold without any major difficulties and against which a claim for payment can be made pursuant to law;
3) the proceeding concerns the economic or professional activity of the person requesting procedural assistance and is not related to his or her rights which are not connected to his or her economic or professional activity.
[RT I, 10.11.2011, 5 - entry into force 01.11.2011 Decision of the Constitutional Review
Chamber of the Supreme Court declares to be in conflict with the Constitution and repeals clause
182 (2) 3) of the Code of Civil Procedure in the part that it excludes the provision of procedural assistance to natural persons for the release, in part or in full, from payment of the state fee on recourse to the court if the proceeding concerns the economic or professional activity of the person requesting procedural assistance and is not related to his or her rights which are not connected to his or her economic or professional activity.]
[RT I, 21.04.2011, 17 - entry into force 14.04.2011 Decision of the Supreme Court en banc declares to be in conflict with the Constitution and repeals clause 182 (2) 3) of the Code of Civil Procedure in the part that it excludes the provision of procedural assistance to natural persons for the release, in part or in full, from payment of the state fee on the appeal if the proceeding concerns the economic or professional activity of the person requesting procedural assistance and is not related to his or her rights which are not connected to his or her economic or professional activity.]
(21) In the case of clauses (2) 1) and 2) of this section, the procedural expenses which may arise upon appealing against a decision made in the proceeding are not accounted for. The assets specified in clause (2) 2) of this section also include joint property to the extent that it may be presumed that the joint owners might reasonably use it to cover procedural expenses.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) The provisions of subsection (2) of this section do not preclude the granting of procedural assistance if the person requesting procedural assistance has residence in another Member State of the European Union and proves that he or she is unable to cover the procedural expenses immediately or in full due to subsistence expenses in the state of residence which are higher than in Estonia.
(4) Upon grant of procedural assistance, including state legal aid, in a proceeding conducted on the basis of Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, the provisions of this Code concerning the grant of procedural assistance apply only to the extent that the specified regulation does not provide otherwise.
[RT I, 14.03.2011, 2 - entry into force 18.06.2011]

§ 183. Restrictions upon grant of procedural assistance to legal persons and bankrupts

(1) Of legal persons, only non-profit associations or foundations entered in the list of non-profit associations or foundations benefiting from income tax incentives or non-profit associations or foundations equal thereto which have a seat in Estonia or another Member State of the European Union have the right to apply for procedural assistance in order to achieve their objectives, provided that the applicants substantiate that they are applying for procedural assistance in the field of environmental or consumer protection or taking account of another predominant public interest in order to prevent possible damage to the rights protected by law of a large number of persons, provided that they cannot be presumed to cover the costs out of their assets or are able to pay for them only in part or in instalments. Other foreign legal persons are granted procedural assistance only on the basis of an international agreement.
[RT I, 21.04.2011, 16 - entry into force 12.04.2011 Decision of the Supreme Court en banc declares to be in conflict with the Constitution and repeals the first sentence of subsection 183 (1) of the Code of Civil Procedure in the part that it excludes the provision of procedural
assistance in a civil proceeding to Estonian legal persons in private law not satisfying the criteria specified in this provision for the release, in part or in full, from payment of the state fee on the appeal.]
(2) An Estonian bankrupt may apply for grant of procedural assistance in covering the procedural expenses if no possibility or good reason exists to cover such costs out of the assets managed by the trustee in bankruptcy and the costs cannot be presumed to be covered by the persons who have proprietary interest in the matter and, among other, by the successors, members, partners or shareholders, or members of a directing body of the bankruptcy debtor, or by the creditors in the bankruptcy. Procedural assistance designated to cover the remuneration and expenses of a trustee in bankruptcy which are not ordered to be paid into the public revenues shall not exceed 397 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(3) A bankrupt may also request the grant of state legal aid in the case specified in subsection (2) of this section. An additional prerequisite for the grant of state legal aid is that the trustee in bankruptcy cannot perform the requested procedural act himself or herself or he or she cannot be presumed to do it considering his or her qualifications and tasks.
[RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 184. Submission of application for procedural assistance and continued provision of procedural assistance

(1) An application for procedural assistance is filed with the court which conducts or should conduct the proceedings for covering the costs for which the procedural assistance is requested.
(2) An application for procedural assistance for covering the expenses arising from an enforcement proceeding is filed with the court which would adjudicate a complaint against the action of a bailiff organising the enforcement proceeding, and an application for procedural assistance for covering the expenses arising from pre-trial proceedings is filed with the court within the territorial jurisdiction of which the pre-trial proceedings takes place.
(3) The court specified in subsections (1) and (2) of this section is also the authority receiving applications for procedural assistance for the purposes of Article 14 of EU Council Directive
2003/8/EC to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes (OJ L 026, 31.01.2003, pp. 41–47). The court shall not demand legalisation of the application or official certification thereof in another manner.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) If a participant in a proceeding has been granted procedural assistance and the person files an appeal against a court decision, the provision of procedural assistance is presumed to continue in every following court instance. However, upon accepting an appeal, the court verifies whether there is sufficient reason to presume that the intended participation in the proceeding will be successful and that the participation in the proceeding is clearly not unreasonable and the court has the right to verify in every court instance whether the economic prerequisites for the grant of procedural assistance have been complied with. The success or reasonableness of participation in the proceeding is not verified if the court decision has already been appealed by another participant in the proceeding and the appeal has been accepted.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) In the case specified in subsection (4) of this section, if the court so requests, the recipient of procedural assistance shall provide explanations on whether or not his or her financial situation has changed and shall submit corresponding proof. Where necessary, the court has the right, among other, to request information on the financial situation or solvency of the recipient of procedural assistance or of his or her family members from the Tax and Customs Board, credit institutions and other persons or agencies.
(6) If a claimant who has been granted procedural assistance in the proceeding of the matter also requests procedural assistance for covering the costs of an enforcement proceeding, the court need not verify additionally whether the economic prerequisites for the grant of procedural assistance have been complied with. The court shall verify the existence of all the prerequisites for the grant of procedural assistance if procedural assistance is requested later than within one year after entry into force of the decision made in the proceeding.

§ 185. Content of application for procedural assistance

(1) An application for procedural assistance sets out:
1) the proceeding for which procedural assistance is requested;
2) the status or desired status of the applicant in the proceeding and the petitions and requests which the applicant wishes to file;
3) the grounds on which the claim or objection of the applicant is based.
(2) An applicant appends to the application a signed statement which sets out his or her personal status and financial situation (relationship under family law, profession, assets, income and obligations) and provides the same information concerning his or her family members, and if possible, also submits other documents in proof of such situation.
(3) If a person's residence is not in Estonia, he or she appends to the application a statement concerning the income of the person and members of his or her family during the last three years from the competent authorities of the person's state of residence. If the applicant is unable to submit the statement with good reason, provision of procedural assistance may be decided without the statement.
(4) An applicant who is a legal person appends to the application for legal assistance, if possible, a transcript of the articles of association or statutes, and a certified transcript of the approved annual report for the preceding financial year.
(5) Sample forms for the application for procedural assistance and the statement specified in subsection (2) of this section, and a list of data to be contained therein shall be established by a regulation of the Minister of Justice, and the forms for the application for procedural assistance and statement shall be freely accessible to everybody on the website of the Ministry of Justice as well as in each court and advocate's law office. The Minister of Justice may also establish requirements for the documents which provide the grounds for the application to be submitted by an applicant.
(6) An application for procedural assistance is submitted in Estonian. An application may also be submitted in English if procedural assistance is requested by a natural person who has residence in another Member State of the European Union, is a citizen of another Member State of the European Union, or is a legal person whose seat is in another Member State of the European Union.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 186. Assessment of financial situation of applicant

(1) Upon assessing the financial situation of an applicant, his or her assets and income and the assets and income of family members who live together with the applicant, the number of persons maintained by the applicant, reasonable housing expenses and other relevant circumstances are taken into consideration.
(2) Upon assessing the financial situation of an applicant, the assets belonging to the applicant which, pursuant to law, cannot be subject to a claim for payment are not taken into consideration. Housing or a necessary vehicle belonging to an applicant for procedural assistance which is used daily by him or her and family members who live together with the applicant are not taken into consideration if the number and value of the housing and vehicles equitably correlate to the size, driving needs and income of the family.
(3) If an applicant for procedural assistance applies for procedural assistance in order to file a claim against a family member who lives together with him or her, neither the income of the said family member nor assets belonging to him or her are taken into consideration upon assessing
the financial situation of the applicant.
(4) [Repealed - RT I 2006, 7, 42 - entry into force 04.02.2006]
(5) The court may request certification of submitted data or provision of additional documents or data from an applicant for procedural assistance, or request information on the financial situation or solvency of the applicant and family members living together with him or her from other persons or agencies, among others, from credit institutions. An inquiry must be responded to within the term set by the court.
(6) If an applicant fails to submit certified data concerning his or her personal status or financial situation, fails to reply to posed questions or gives incomplete replies, the court refuses to grant the person procedural assistance to the extent which is not substantiated.
(7) The Tax and Customs Board submits, at the request of a court, a statement concerning the income of an applicant for procedural assistance and members of his or her family during the last year or a statement concerning the lack of information on the income of an applicant for state legal aid and members of his or her family. A form for the statement shall be established by a regulation of the Minister of Finance.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(8) Upon the existence of technical means, the court must be provided with an opportunity to independently check the data necessary for evaluating applicants' financial situation from the databases of the Tax and Customs Board or a person or agency specified in subsection (5) of this section.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 187. Adjudication of application for procedural assistance

(1) An application for procedural assistance is adjudicated by a ruling. Where necessary, the court may seek the position of other participants in the proceeding before adjudication of the application.
(2) The court sends a transcript of a ruling on grant of procedural assistance immediately to the Ministry of Finance or to an agency in the area of administration of the Ministry of Finance designated by the Minister of Finance.
(3) If an application for procedural assistance was forwarded to the court by an agency of another Member State of the European Union which is competent to forward applications for procedural assistance, the court sends a transcript of the ruling made concerning the grant of procedural assistance also to such agency.
(4) An application for procedural assistance may also be adjudicated by an assistant judge. [RT I 2005, 39, 308 - entry into force 01.01.2006]
(5) An application for the grant of procedural assistance does not suspend the running of the procedural term provided by law or set by the court. However, the court extends reasonably the term set by the court, in particular the term set for responding to an action, appeal or petition after adjudication of the application for the grant of procedural assistance if the application for the grant of procedural assistance was not submitted without good reason or for the purpose of extending the term.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(6) For compliance with the term provided by law, the applicant for procedural assistance shall, within the term, also perform the procedural act for which procedural assistance is requested, above all, file an appeal. A reasonable term for substantiation of the appeal or payment of the state fee or correction of such a omission in the appeal which is related to the request for procedural assistance is set by the court after adjudication of the application for procedural assistance if the specified application was not submitted without good reason or for the purpose of extending the term. This does not preclude the restoration of the procedural term.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 188. Suspension of payment of instalments and amendment of size of instalments

(1) If by way of procedural assistance, the court has ordered payment of procedural expenses in instalments, the court suspends payment of the instalments by a ruling, if:
[RT I 2008, 59, 330 - entry into force 01.01.2009]
1) it is evident that the payments hitherto made by the recipient of procedural assistance cover the procedural expenses;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
2) a decision on the basis of which the procedural expenses must be paid by another participant in the proceeding enters in force.
(2) The court does not suspend payment of the instalments pursuant to clause (1) 2) of this section if the participant in the proceeding who is obligated to cover the procedural expenses based on a court decision has also been granted procedural assistance for covering procedural expenses, or if it is evident, due to another reason, that such participant in the proceeding is not able to cover the expenses.
(3) The court may amend the size and term for payment of the instalments of procedural expenses by a ruling if the financial situation of the recipient of procedural assistance has
changed significantly. If the court so requests, the recipient of procedural assistance shall explain whether or not his or her financial situation has changed and shall submit corresponding proof.
Where necessary, the court has the right, among other, to request information on the financial situation or solvency of the recipient of procedural assistance or of his or her family members from the Tax and Customs Board, credit institutions and other persons or agencies.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) The provisions of subsection (3) of this section apply if the person, who is the recipient of procedural assistance, changes due to legal succession, including if the plaintiff who has received procedural assistance assigns the claim for the filing of which he or she has received procedural assistance and the legal successor is not entitled to procedural assistance to the same extent.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 189. Revocation of grant of procedural assistance

(1) The court may revoke the grant of procedural assistance if:
1) the recipient of procedural assistance has provided incorrect information in the application for procedural assistance;
2) the conditions for receipt of procedural assistance did not exist or have ceased to exist, including if the person, who is the recipient of procedural assistance, changes due to legal succession and the legal successor is not entitled to receive procedural assistance;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
3) the recipient of procedural assistance has not paid the instalments ordered by the court for a period of more than three months;
4) the recipient of procedural assistance fails to provide explanations concerning a change in the financial situation thereof as requested by the court, or fails to submit the required proof.
(2) In the case of revocation of procedural assistance, the participant in the proceeding who received procedural assistance covers the procedural expenses thereof to the full extent.

§ 190. Grant of procedural assistance and division of procedural expenses

(1) Grant of procedural assistance does not preclude or restrict the obligation of the recipient of procedural assistance to compensate, based on a court decision, the costs incurred by the opposing party.
(2) The participant in a proceeding against whom a decision is made covers the procedural expenses thereof to the full extent also if the participant in the proceeding is released from payment of procedural expenses or the participant in the proceeding has been granted procedural assistance for covering the procedural expenses.
(3) If an action is satisfied, the court orders payment into the public revenues by the defendant, in proportion to the part of the action which is satisfied, of the procedural expenses from the covering of which the plaintiff was released or which the plaintiff was allowed to pay in instalments, regardless of whether the defendant received procedural assistance for covering procedural expenses. The same applies to the grant of procedural assistance to a third person participating in the proceeding in support of the plaintiff if the action is satisfied.
(4) If a plaintiff, or a third party participating in the proceeding in support thereof, or a petitioner in a proceeding on petition received procedural assistance for covering procedural expenses and the action or petition is not satisfied or the hearing is refused or the proceeding of the matter is terminated, such person is ordered to pay procedural expenses into the state revenues to the full extent. If the plaintiff discontinues or withdraws an action because the defendant satisfied the claim after the action was filed, the provisions of subsection (3) of this section apply.
(5) If the defendant or a third party participating in the proceeding in support thereof received procedural assistance for covering procedural expenses and the action is satisfied, such person is ordered to pay procedural expenses into the state revenues to the full extent. If an action is not satisfied or the hearing is refused or the proceeding of the matter is terminated, the court orders payment into the public revenues by the plaintiff, in proportion to the part of the action which was not satisfied, of the procedural expenses, from the payment of which the defendant or a third party participating in the proceeding in support thereof has been released or which the defendant or a third party participating in the proceeding in support thereof was allowed to pay in instalments, regardless of whether the plaintiff received procedural assistance for covering procedural expenses.
(6) If a participant in a proceeding was granted procedural assistance for covering procedural expenses in a proceeding on petition, the court may order payment of the procedural expenses into the state revenues by another participant in the proceeding on the conditions provided for in subsection 172 (1) of this Code.
(7) The court may prescribe in the court decision specified in subsections (3)–(6) of this section, with good reason, inter alia due to settlement of a matter by compromise, a later due date for payment of expenses into the state revenues or payment in instalments within the term set by the court, and it may also release a person from the obligation to pay procedural expenses into the state revenues.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(71) If pursuant to the State Fees Act a rate of the state fee which is lower than the full rate of the state fee is established for the filing of an action or appeal through the website www.e-toimik.ee, payment of the state fee into the public revenues is ordered at the lower rate of the state fee on
the basis of the provisions of this section.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]
(8) If a participant in a proceeding was granted procedural assistance, including state legal aid, in a proceeding conducted on the basis of Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, the provisions of this Code concerning the division of procedural expenses apply only to the extent that the specified regulation does not provide otherwise.
[RT I, 14.03.2011, 2 - entry into force 18.06.2011]

§ 191. Filing of appeal against ruling on procedural assistance

(1) An applicant for or recipient of procedural assistance or the Republic of Estonia through the Ministry of Finance or an agency within the area of administration of the Ministry of Finance designated by the Minister of Finance may file an appeal against a ruling of a county court or circuit court on grant of or refusal to grant procedural assistance, or a ruling on amendment or revocation of either of the above rulings. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) A ruling on procedural assistance is not subject to appeal if the court decision made in the civil matter has entered into force.
(3) The costs related to processing of an appeal against a ruling are not subject to compensation. (4) The provisions of § 179 of this Code apply to the rulings specified in subsections 190 (3)–(6)
of this Code, whereby payment of procedural expenses into the state revenues by a participant in the proceeding is ordered, and to the filing of appeals against such rulings.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 192. Grant of procedural assistance for proceedings conducted in other Member States of European Union

Procedural assistance for ensuring legal aid by an advocate or for the translation of an application and appendixes thereof may be applied for, pursuant to §§ 33 and 34 of the State Legal Aid Act, from Harju County Court in the case of a proceeding conducted in another Member State of the European Union.

§ 193. Intermediation of applications for grant of procedural assistance to other Member

States of European Union

(1) A person entitled to receive procedural assistance pursuant to the provisions of this Division may apply, by the intermediation of Harju County Court, for the grant of procedural assistance in a proceeding conducted in another Member State of the European Union.
(2) For the purpose of forwarding an application for procedural assistance, the application together with the documents appended thereto are submitted to the court in a language of the Member State in which the grant of procedural assistance is applied for, provided that the language is an official language of the European Union or that the Member State agrees to the use of such language pursuant to Article 14(3) of Directive 2003/8/EC.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) The court assists an applicant for procedural assistance upon applying for procedural assistance in another Member State of the European Union by verifying that all the documents which, according to the information at the disposal of the court, are necessary for adjudicating the application have been appended to the application and arranging, where necessary, for the
translation of the application and documents. The documents need not be legalised or officially certified in another manner.
(4) The court adjudicates an application for forwarding an application for procedural assistance by way of a proceeding on petition. The court may make a reasoned ruling on refusal to forward an application for procedural assistance if the application is clearly unfounded or evidently does not fall within the area of application of Directive 2003/8/EC.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) The court forwards an application for procedural assistance together with additional documents to the agency of the corresponding Member State of the European Union competent
to receive such application within 15 days after the receipt or formalisation of the application and the additional documents in a language conforming to the requirements.
(6) Forwarding of applications for procedural assistance is not subject to a state fee. If an application for procedural assistance is not satisfied, the court may order, by a ruling, payment of other procedural expenses and, above all, of translation and interpretation fees by the person who submitted the application.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(7) An applicant may file an appeal against a ruling on refusal to forward the application. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.
(8) The Minister of Justice shall establish, by a regulation, standard forms for the applications for receipt of procedural assistance in other Member States of the European Union and for the forwarding thereof prescribed by Article 16(1) of Directive 2003/8/EC. If the standard forms exist, the applicant and the forwarder of the application shall use these.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(9) If an agency of another Member State of the European Union competent to receive an application rejects an application for the grant of procedural assistance due to the financial situation of the applicant or notifies of its intention to reject the application, the court issues, at
the request of the applicant, a statement on the financial situation to him or her if he or she would be entitled to procedural assistance due to his or her financial situation in Estonia and forwards the statement as a supplement to the application and in the same language as the application to
the agency competent to receive the application. [RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 19 SECURITY

§ 194. Manner of provision of security and amount of security

(1) If law prescribes the obligation of a party to provide a security, the court determines the manner of providing the security and the amount thereof. If the court has failed to do so and the parties have not agreed otherwise, a security is provided by depositing money or securities in the
account prescribed for such purpose, or as an irrevocable and unconditional guarantee issued for an unspecified term by a credit institution of Estonia or another Member State of the European Union for the benefit of the other party.
[RT I, 31.01.2014, 6 - entry into force 01.04.2014]
(2) Securities having a market price may be used as a security. Securities are accepted as a security to an extent not higher than 3/4 of their market price.
(3) The provisions of the Law of Obligations Act concerning deposits apply to the making of deposits.
[RT I, 31.01.2014, 6 - entry into force 01.04.2014]
(4) Information concerning the account required for making a deposit is published on the website of the court.
[RT I, 31.01.2014, 6 - entry into force 01.04.2014]

§ 195. Return of security

(1) If the reason for provision of security ceases to exist, the court which required the security or enabled the provision thereof returns the security based on a petition by the person who provided the security. If the security was provided in the form of a guarantee, the court orders termination of the guarantee.
(2) Before making a ruling, the court sends the petition for the return of security to the party for whose benefit the security was provided for obtaining the position thereof.
(3) The petitioner may file an appeal against a ruling on refusal to return the security. The party for whose benefit a security was provided has the right to file an appeal against a ruling on return of the security.

§ 196. Provision of security for covering procedural expenses

(1) In an action, the court may require at the request of the defendant that the plaintiff provide a security to cover the expected procedural expenses of the defendant if:
1) the plaintiff is not a citizen of the Republic of Estonia, another Member State of the European Union or a state which is a contracting party to the EEA Agreement and he or she has no residence in Estonia, another Member State of the European Union or a state which is a contracting party to the EEA Agreement;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
2) the plaintiff is a legal person whose seat is not in Estonia, another Member State of the
European Union or a state which is a contracting party to the EEA Agreement; [RT I 2008, 59, 330 - entry into force 01.01.2009]
3) due to the plaintiff's economic situation or for another reason, collection of the expected procedural expenses of the defendant is clearly impracticable and, above all, in the cases where the plaintiff has been declared bankrupt, a bankruptcy proceeding has been initiated against the plaintiff or if, within the year prior to the filing of the action, an enforcement proceeding has
been conducted in respect of the plaintiff's property and the claim filed in the enforcement proceeding was not satisfied.
(2) The court has no right to require the provision of a security from the plaintiff if the plaintiff has sufficient assets in Estonia to cover the procedural expenses or has claims in Estonia which are sufficiently secured by real rights. In the cases specified in clauses (1) 1) and 2) of this section, the court has no right to require the provision of a security by the plaintiff if:
1) based on an international agreement, a security cannot be demanded;
2) the decision on compensation of the procedural expenses to the defendant is subject to enforcement in the country of residence or seat of the plaintiff.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(21) If the prerequisites for requiring a security are fulfilled, the court may still not require the security in full or in part or order its payment in instalments if the plaintiff due to economic or other reasons cannot be reasonably expected to provide a security and refusal to hear the action may result in grave consequences for the plaintiff or if requiring a security would be unfair in respect of the plaintiff due to another reason.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) The defendant may also require a security from the plaintiff specified in subsection (1) of this section if the prerequisites for the provision of a security arise only in the course of the proceeding unless the defendant admits the action. If it becomes evident in the course of a proceeding that the provided security is not sufficient, the defendant may require an additional security.
(4) The plaintiff may file an appeal against the ruling of the county court or circuit court which ordered the provision of a security. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.

§ 197. Setting of term for provision of security

In the case specified in § 196 of this Code, the court sets the plaintiff a term for the provision of a security to cover the expected procedural expenses of the defendant. If the plaintiff fails to provide a security within such term, the court refuses to hear the action at the request of the defendant.

Part 4 PARTICIPANTS IN PROCEEDING AND THEIR REPRESENTATIVES Chapter 20 GENERAL PROVISIONS

§ 198. Participants in proceeding

(1) The following are participants in a proceeding:
1) in actions – the parties and third parties;
2) in a proceeding on petition – the petitioner and other persons to whom the matter pertains.
(2) In the cases prescribed by law, a person or agency entitled to protect public interest is also a participant in a proceeding.
(3) In a proceeding on petition, the court involves the participants at its own initiative. It is presumed that the persons who are entitled by law to appeal against a ruling made in a proceeding on petition are the participants in the proceeding. A person is not a participant in a proceeding solely for the reason that he or she must be heard pursuant to law or that the court considers it necessary. The court may also involve other persons or agencies in a proceeding to provide a position if this is necessary in the opinion of the court for more correct adjudication of the matter.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 199. Rights of participants in proceeding

(1) The participants in a proceeding have the right to:
1) examine the file and obtain transcripts thereof;
2) know the composition of the court adjudicating the matter;
3) file petitions of challenge and submit requests;
4) submit statements and reasoning to the court concerning all questions which arise in the course of hearing the matter in court;
5) submit evidence and participate in the inspection and examination of evidence;
6) contest petitions and reasoning submitted by other participants in the proceeding;
7) submit questions to other participants in the proceeding, witnesses and experts;
8) receive certified transcripts of court judgments prepared as documents.
(2) The participants in a proceeding also have other procedural rights provided for in this Code.

§ 200. Obligations of participant in proceeding

(1) A participant in a proceeding is required to exercise the procedural rights in good faith.
(2) A court does not allow the participants in a proceeding, their representatives or advisers to abuse their rights, delay the proceeding or mislead the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) A participant in a proceeding and a representative thereof shall immediately inform the court and other participants in the proceeding of any changes to the address or telecommunications numbers thereof, including temporary changes thereto, during the court proceeding.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 201. Passive civil procedural legal capacity

(1) Passive civil procedural legal capacity is the capacity of a person to have civil procedural rights and discharge civil procedural obligations.
(2) Every person who has passive legal capacity under civil law has passive civil procedural legal capacity. Foreign associations of persons, foreign agencies and international organisations whose passive legal capacity is recognised in Estonia based on the provisions of private international law also have passive civil procedural legal capacity.

§ 202. Active civil procedural legal capacity

(1) Active civil procedural legal capacity is the capacity of a person to exercise civil procedural rights and perform civil procedural obligations in court by the person's acts.
(2) Persons with restricted active legal capacity do not have active civil procedural legal capacity, except if the restriction of active legal capacity of an adult does not relate to the exercise of civil procedural rights and performance of civil procedural obligations. A minor of at least 15 years of age has the right to participate in a proceeding together with his or her legal representative.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) If an adult with active civil procedural legal capacity is represented in a proceeding by his or her guardian, the represented person is deemed to have no active civil procedural legal capacity.
(4) In a proceeding for establishment of guardianship for an adult with restricted active legal capacity, the person with respect to whom establishment of guardianship is requested has active civil procedural legal capacity. In a proceeding for placing a person in a closed institution, the person has active civil procedural legal capacity regardless of his or her age, unless he or she is less than fourteen years of age.

§ 203. Active civil procedural legal capacity of aliens

An alien who, according to the law of his or her state, has no active civil procedural legal capacity, is deemed to have active civil procedural legal capacity if he or she has such capacity under Estonian law.

§ 204. Verification of passive civil procedural legal capacity and active civil procedural legal capacity

(1) The court verifies the existence of the passive civil procedural legal capacity and active civil procedural legal capacity of the participants in a proceeding and in the case of absence thereof does not permit the person to participate in the proceeding.
(2) If the court has doubts regarding the active civil procedural legal capacity of a participant in a proceeding who is a natural person, the court may demand that the person provide a doctor's opinion or to order an expert assessment. If the person refuses to comply with the directions of the court or the documents submitted fail to remove the doubts of the court, the court initiates a proceeding for appointing a guardian for the participant in the proceeding. If initiation of a proceeding for appointment of a guardian for a plaintiff, petitioner or appellant is impossible, the court refuses to hear the petition or appeal.
(3) The court may also permit a participant in a proceeding with no active civil procedural legal capacity to participate in the proceeding if prevention of participation in the proceeding endangers an essential interest of a participant in the proceeding. In such event, the court sets the person a term for appointment of a representative. A court decision on termination of the proceeding shall not be made in the proceeding before the expiry of such term.
(4) If the court has doubts regarding the active legal capacity of a participant in a proceeding, the court informs immediately the rural municipality or city government of the residence of the participant in the proceeding thereof.

Chapter 21 PARTIES

§ 205. Parties

(1) The parties in a civil proceeding are the plaintiff and the defendant.
(2) The plaintiff is a person who has filed an action. The defendant is a person against whom an action is filed.

§ 206. Rights of parties

(1) In addition to the rights of a participant in a proceeding, a plaintiff has the right to amend the cause or object of an action, increase or decrease a claim or discontinue an action, and a defendant has the right to admit a claim. A party has the right to appeal against a court decision and other procedural rights prescribed by this Code.
(2) Parties have the right to discontinue a matter by compromise.
(3) A party has the right to request compulsory enforcement of a court decision. A participant in a proceeding has the same right in a proceeding on petition.

§ 207. Participation of several plaintiffs or defendants in matter

(1) Several persons may file a joint action and an action may be filed jointly against several defendants if:
1) the object of the proceeding is a joint right of several persons;
2) several persons have rights or obligations arising from the same grounds;
3) similar claims or obligations which arise from the grounds which are essentially similar are the object of the proceeding.
(2) Each plaintiff or defendant participates in a proceeding independently with regard to the opposite party. Unless otherwise prescribed by law, an act of a plaintiff or defendant does not bear legal consequences for a co-plaintiff or co-defendant.
(3) If a disputed legal relationship can be established only with regard to all co-plaintiffs or co- defendants jointly, and even one of the co-plaintiffs or co-defendants adheres to a procedural
term, participates in the proceeding, files an appeal or participates in the performance of any other procedural act, the acts of such participant in the proceeding are deemed to be valid with respect to all the other co-plaintiffs or co-defendants.

§ 208. Substitution and involvement of defendant

(1) If a plaintiff finds that the action was erroneously filed against a person who should not be the defendant, the court may, at the request of the plaintiff, substitute the existing defendant with another defendant at the request of the plaintiff before the end of the court hearing of the matter in a court of first instance without discontinuing the proceeding. In such case the action against the initial defendant is deemed to be withdrawn.
(2) If a plaintiff finds that the action was not filed against all persons who are parties to the disputed legal relationship, the court may, before the end of the court hearing of the matter in a court of first instance, involve such persons as defendants at the request of the plaintiff.
(3) Following the substitution or involvement of a defendant, the plaintiff shall submit a transcript of the statement of claim together with annexes to the court for the substituted or involved defendant. Following the substitution or involvement of a defendant, the hearing of the matter commences from the beginning.

§ 209. Legal succession in proceeding

(1) In the case of the death of a party who is a natural person or dissolution of a party who is a legal person or in any other case where universal succession is created, the court permits the universal successor of such party to enter the proceedings unless otherwise prescribed by law. Universal succession is possible at every stage of a proceeding.
(2) Any procedural acts performed prior to the entry of a universal successor in the proceeding are binding on the universal successor to the same extent to which such acts would have been binding on the legal predecessor of the universal successor.

§ 210. Transfer of disputed object

(1) The filing of an action and the conduct of proceedings in an action do not interfere with a party's right to transfer a disputed object or to assign a disputed claim.
(2) Transfer of ownership of a disputed object or other such right related thereto, or assignment of a disputed claim to a third party (singular succession) does not affect, in itself, the conduct of proceedings in a matter.
(3) In the case specified in subsection (2) of this section, the legal successor may enter the proceeding to replace the legal predecessor thereof if the opposing party and the legal predecessor agree thereto. A legal successor may enter or be involved in a proceeding without the consent of the opposing party or the legal predecessor as a third party in support of the legal
predecessor thereof.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) If an object is transferred by the plaintiff and the judgment to be made in the matter would not apply to the legal successor pursuant to § 460 of this Code, the defendant may submit an objection to the plaintiff that the plaintiff has lost the right of claim.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 211. Transfer of immovables, ships and aircraft

(1) In the case of transfer of an immovable in the course of a dispute between the owner of the immovable and a third person over the existence or absence of a real right to the immovable or existence or absence of a notation guaranteeing such right, or over an obligation related to the immovable, the legal successor has the right and, if the opposing party requests it, the obligation to enter the proceeding as a party substituting for the current party at the time of transfer of the ownership of the immovable. The same applies to a dispute arising from a lease contract or commercial lease contract of an immovable or the absence of such contract if a notation concerning the contract has been made in the land register.
(2) If the opposing party requests that the legal successor of the other party enter the proceeding but, regardless of being served the request by the court, the legal successor fails to enter the proceeding, the legal succession is deemed to be admitted and the party is deemed to be substituted by serving the request.
(3) The provisions of subsections (1) and (2) of this section do not apply if the judgment to be made in the matter would not apply to the legal successor pursuant to § 460 of this Code. If the transferor in such case is the plaintiff, the defendant may submit an objection against the plaintiff that the plaintiff has lost the right of claim.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) The provisions of subsections (1)–(3) of this section also apply to disputes related to a right to a ship entered in the ship register or an aircraft entered in the register of civil aircraft.

Chapter 22 THIRD PARTIES

§ 212. Third party with independent claim

(1) If a third party files an independent claim concerning the object of the dispute between the plaintiff and defendant, the third party may file an action in the same proceeding against both parties before the hearing of the matter on the merits at a county court ends.
(2) A third party with an independent claim has the rights and obligations of the plaintiff.

§ 213. Third party without independent claim

(1) A third party who does not have an independent claim concerning the object of the proceeding but has legal interest in having the dispute resolved in favour of one of the parties may enter the proceeding in support of either the plaintiff or the defendant. On the grounds and pursuant to the procedure provided in § 216 of this Code, a third party without an independent claim may be involved in a proceeding also at the request of a party.
(2) A third party without an independent claim may enter or be involved in a proceeding at all stages of the proceeding in every court instance until the time the court judgment enters into force. A third party without an independent claim may also enter a proceeding by filing an appeal against a court decision. In such case, the involvement of the person is adjudicated simultaneously with adjudication of the acceptance of the appeal.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 214. Consequences of entry or involvement in proceeding of third party without independent claim

(1) Procedural acts performed before the entry or involvement in a proceeding of a third party without an independent claim are also valid with respect to the third party.
(2) A third party without an independent claim may perform all procedural acts except the acts which can be performed only by the plaintiff or the defendant, among other, a third party without an independent claim may file an appeal against a decision made in the matter. A petition, appeal or another procedural act made by a third party without an independent claim has legal effect
only if it is not contrary to a petition, appeal or act of the plaintiff or the defendant in whose support the third party is participating in the proceeding. The same term for filing an appeal or making another procedural act applies to a third party as applies to the plaintiff or the defendant in whose support the third party is participating in the proceeding, unless otherwise provided by law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) In the proceeding to follow, a third party without an independent claim has no right to rely, in respect of the plaintiff or defendant in whose support the third party entered or was involved in the proceeding, on an allegation that the conclusion of the decision made in the proceeding is incorrect or that the facts were incorrectly established.
(4) If a party initiates a proceeding against a third party without an independent claim on the basis of the proceeding conducted before, the third party also has the right to submit objections submitted thereby in the proceeding as a third party and which are contrary to the petitions of a party. A third party may also submit an objection that the third party could not submit a petition, allegation, evidence or appeal due to the fact that the third party entered or was involved in the proceeding too late, or that the third party could not submit them due to the petitions or acts of the plaintiff or defendant in whose support the third party participated in the proceeding. The third party may also submit an objection that the plaintiff or defendant failed, knowingly or due
to gross negligence, to submit a petition, allegation, evidence or appeal, and the third party was not aware of such fact.

§ 215. Entry in proceeding of third party without independent claim

(1) In order to enter a proceeding, a third party without an independent claim submits a petition to this effect to the court conducting proceedings in the matter.
(2) In addition to other information which a procedural document must contain (§ 338), a petition specified in subsection (1) of this section sets out the following:
1) information on the parties and the court action;
2) the reasons of the legal interest that the third party without an independent claim has in the matter;
3) a request for joining in the proceeding.
(3) The court serves the petition specified in subsection (1) of this section on both parties and sets them a term for forming a position.
(4) The court satisfies the petition of a third party without an independent claim and allows the third party to enter the proceeding if the petition conforms to the requirements provided by law and the third party provides reasons for the legal interest thereof.
(5) If it becomes evident that the third party has entered the proceeding without good reason, the court may remove the third party from the proceeding by a ruling.
(6) A ruling whereby the court permits a third party to enter a proceeding, refuses to give such permission or removes a third party from a proceeding is subject to appeal by the parties or the third party. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.

§ 216. Involvement of third party

(1) A party who, upon adjudication of a court action against such party, has the right to file a claim against a third party arising from the circumstances which the party considers to be a breach of contract, or a claim for compensation of damage or for release from the obligation to pay damages, or who has reason to presume that such claim may be filed against the party by a third party, may file, until the end of pre-trial proceedings or during the term prescribed for submission of documents in written proceedings, a petition with the court conducting proceedings in the matter in order to involve the third party in the proceeding.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(11) After the end of pre-trial proceedings, a petition for involvement of a third party in the proceeding may be filed only with the consent of other participants in the proceeding or the court. After the end of pre-trial proceedings, the court consents to involvement of a third party only if there was good reason for the failure to file the petition in time and in the opinion of the
court involvement of the third party is in the interests of adjudication of the matter. [RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(2) A petition for involving a third party in support of the plaintiff or the defendant sets out:
1) the name of the third party;
2) the content and stage of the proceeding;
3) the reason and grounds for involving the third party in the proceeding.
(3) The court serves the petition on the third party, informs the other party of the petition and sets them a term for forming a position.
(4) If the petition conforms to the requirements provided by law and the party provides reasons for the need to involve the third party, the court involves the third party by a ruling. A third party is deemed to be involved in the proceeding in support of the party who involved the third party
as of the date on which the ruling to involve the third party was served on the third party.
(5) If it becomes evident that the third party has been involved in the proceeding without good reason, the court may remove the third party from the proceeding by a ruling.
(6) A ruling whereby the court involves or refuses to involve a third party in the proceeding, or removes such party from the proceeding is subject to appeal by the parties or the third party. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.

Chapter 23 REPRESENTATION

§ 217. Representation in court

(1) Unless otherwise provided by law, a participant in the proceeding may participate in the proceeding in person or through a representative with active civil procedural legal capacity.
(2) Personal participation in a matter does not deprive a participant in a proceeding of the right
to have a representative or adviser in the matter. Participation of a representative in a matter does not restrict the personal participation in the matter of a participant in a proceeding with active civil procedural legal capacity.
(3) A participant in a proceeding without active civil procedural legal capacity is represented in court by his or her legal representative.
(4) Unless otherwise provided by this Code, the provisions of the General Part of the Civil Code
Act concerning representation apply to representation in court.
(5) A representative has the rights and obligations of the participant in a proceeding whom he or she represents. A procedural act performed by a representative is deemed to have been
performed by the participant in the proceeding who is represented. This applies to admitting a
fact or another statement in so far as the participant in the proceeding who is present does not immediately withdraw or amend the admission or statement.
(6) The behaviour and knowledge of a representative is deemed to be equivalent to the behaviour and knowledge of a participant in a proceeding.
(7) If a representative appointed for such purpose represents a child in a proceeding, the parents have no right to represent the child in the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(8) If the court finds that a natural person who is a participant in a proceeding is unable to personally protect his or her rights or that his or her essential interests may be insufficiently protected without the assistance of an advocate, the court explains the possibility to receive state legal aid to such person.

§ 218. Contractual representative

(1) The following may act as contractual representatives in court:
1) an advocate;
2) another person who has acquired at least a state-recognised Master's Degree in the field of study of law, a corresponding qualification within the meaning of subsection 28 (22) of the Republic of Estonia Education Act or a corresponding foreign qualification;
[RT I 2008, 29, 189 - entry into force 01.07.2008]
21) [repealed - RT I 2008, 29, 189 - entry into force 01.07.2008]
3) a procurator in all court proceedings related to the economic activities of a participant in a proceeding;
4) one plaintiff based on the authorisation of the co-plaintiffs or one defendant based on the authorisation of the co-defendants;
5) an ascendant, descendant or spouse of a participant in a proceeding;
6) another person whose right to act as a contractual representative is provided by law.
(2) A public servant or employee of a participant in a proceeding may act as a contractual representative of the participant in the proceeding if the court considers him or her to have sufficient expertise and experience to represent the participant in the proceeding.
(3) In an action in the Supreme Court, a participant in the proceeding may perform procedural acts and file petitions and applications only through a sworn advocate. In a proceeding on petition in the Supreme Court, a participant in the proceeding may perform procedural acts and file petitions and applications personally or through an advocate.
(4) In an action in the Supreme Court a participant in the proceeding may personally file an application for being granted procedural assistance and likewise present positions on and objections to appeals or other petitions of another participant in the proceeding. A participant in a proceeding may present positions in a session of the Supreme Court together with a sworn advocate.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) The Minister of Justice or a representative appointed thereby may represent the Republic of Estonia in the Supreme Court even if he or she is not a sworn advocate. A bankrupt may also be represented in an action in the Supreme Court by the trustee in bankruptcy. A participant in a proceeding may be represented in a proceeding on petition in the Supreme Court by a notary pursuant to the procedure provided in § 30 of the Notaries Act.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 219. Representative appointed by court

(1) If a petition is filed by a person without active civil procedural legal capacity or an action is filed against a person without active civil procedural legal capacity who has no legal representative, the court appoints a temporary representative to him or her until the legal representative enters the proceeding if prevention of the participation of the party in the proceeding endangers an essential interest of a party.
(2) In a family matter, the court may appoint a representative to a person without active civil procedural legal capacity in a proceeding which concerns him or her if this is necessary for protection of the interests of the person without active civil procedural legal capacity. A representative must be appointed if:
1) the interests of the person without active civil procedural legal capacity are contrary, to a significant extent, to the interests of his or her legal representative;
2) the court conducts proceedings in a matter of placement of a person without active civil procedural legal capacity under guardianship;
3) the court conducts proceedings in a matter of applying measures in order to ensure the well- being of a child which involve separating the child from his or her family or deprivation of the right of custody over the person in full;
[RT I 2009, 60, 395 - entry into force 01.07.2010]
4) the court conducts proceedings in a matter of removal of a child from a foster family, a spouse or another person entitled to access the child.
(3) A representative need not be appointed to a person without active civil procedural legal capacity and a ruling made for appointment of a representative to such person may be annulled if the person is represented by an advocate or another appropriate representative.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) The right of representation of a representative appointed by court ends at the time of the entry into force of a decision whereby the proceeding is terminated, or at the time of discontinuance of the proceeding in another manner, provided that the court has not terminated the right of representation already earlier or has not appointed the representative for only one court instance. If a representative has been appointed only for one court instance, the representative's right of representation in such court instance also extends to the filing of appeals against the decisions made in such court instance.
(5) In the cases specified in subsections (1) and (2) of this section and also in other cases provided by this Code, the court appoint, pursuant to the procedure provided by the State Legal Aid Act, an advocate to represent the person in order to protect his or her interests. The name of
the advocate is specified to the court by the Estonian Bar Association which also guarantees his or her attendance in the proceeding. Upon appointment of an advocate, the court does not additionally check the existence of the prerequisites for the receipt of state legal aid.
(6) An advocate appointed by the court is remunerated by the state to the extent and pursuant to the procedure provided by the State Legal Aid Act. A person for the protection of whose interests an advocate was appointed may be required to return to the state any payment already received by the advocate if the person fails to protect his or her interests in court in any other reasonable manner except through the representative appointed to him or her by the court, or for another good reason. The above does not release a participant in a proceeding from the payment
of procedural expenses if the participant in the proceeding is required to pay such expenses based on the court decision.
(7) In order to protect a person's interests in a proceeding, the court may appoint a person other than an advocate to act as his or her representative, if the court finds the person to have sufficient competence for such duty and the person agrees to it. Such person is not paid any remuneration but may request reimbursement of his or her costs from the participant in the proceeding required to pay procedural expenses based on the court decision.

§ 220. Representation of Republic of Estonia as participant in proceeding

(1) In an action filed against the Republic of Estonia arising from the activity of an executive authority, or upon involvement of the Republic of Estonia in a proceeding as a third party, or upon participation of the Republic of Estonia in a proceeding on petition, the Republic of Estonia is represented by the ministry whose activity, or the activity of an agency within the area of administration of which, or the activity of an official of which relates to the civil matter, or
within whose area of administration the civil matter which is the object of the proceedings belongs. If the proceeding relates to an issue within the area of competence of a county governor, the relevant county governor represents the Republic of Estonia. If the petition pertains to the performance of the duties by the Government Office, the Republic of Estonia is represented by the Government Office.
(2) In an action filed against the Republic of Estonia which arises from the activity of another administrator of state assets or in a civil matter related to the activities of such administrator, the administrator of the state assets represents the Republic of Estonia.
(3) The Ministry of Justice has the right to represent the Republic of Estonia in all court proceedings.
(4) The court sends a statement of claim filed against the Republic of Estonia or a petition for involvement of the Republic of Estonia to the authorities specified in subsections (1) and (2) of this section. If the court cannot establish the ministry or another administrator of state assets within whose area of administration the petition belongs, the court sends the statement or petition to the Ministry of Justice.

§ 221. Certification of right of representation of representative

(1) The right of representation of a legal representative is certified by a document which provides for the capacity of the legal representative.
(2) The authorisation of a contractual representative is certified by an authorisation document which is submitted to the court. The court may demand submission of notarised or certified authorisation documents by the parties, as necessary.
(3) A person may also grant an oral authorisation in a court session. The grant of an authorisation is entered in the minutes.

§ 222. Scope of right of representation arising from law

(1) The right of representation gives a representative the right to perform all procedural acts in the name of the person represented, including the right to:
1) file actions and other petitions;
2) refer the matter to arbitration;
3) discontinue the action;
4) admit the claim;
5) amend the cause or object of the action;
6) file a counterclaim;
7) participate in a proceeding conducted in a matter of a third party with an independent claim;
8) settle the matter by compromise;
9) delegate the authorisation to other persons (delegation of authorisation);
10) file an appeal against a decision;
11) represent upon securing an action and in enforcement proceedings;
12) receive procedural expenses ordered to be compensated.
(2) The representative of a spouse who has no active civil procedural legal capacity has the right to submit a petition for divorce or annulment of marriage only with the consent of the guardianship authority.
(3) Authorisation granted in a family matter must be given expressly for acting in such family matter.

§ 223. Restrictions on right of representation

A participant in a proceeding may restrict the scope of the representative's right of representation arising from law. Restrictions on the scope of the right of representation arising from law of the representative of a participant in a proceeding apply with regard to the court and other participants in the proceeding only to the extent to which they concern the right to terminate the court action by judicial compromise, discontinue the action or admit the claim, provided that the court and participants in the proceeding have been informed of the restrictions.

§ 224. Right of representation of several contractual representatives

If a participant in a proceeding has several contractual representatives, every representative has the right to separately represent the participant in the proceeding. If the scope of the right of representation has been determined differently, this does not apply with regard to the court or the other participants in the proceeding.

§ 225. Termination of authority

(1) If the person represented withdraws the authorisation, the authorisation terminates with respect to the opposing party and the court as of the time the opposing party and the court are notified of the withdrawal of the authorisation. It is presumed that the authorisation of an advocate also terminates as of the time the opposing party and the court are notified of the appointment of a new advocate.
(2) If a representative terminates the contract which constitutes the basis for authorisation, the representative may continue to act in the interests of the principal until the time the principal arranges for the protection of the interests thereof in another manner.
(3) An authorisation does not terminate upon the death of the principal, upon the principal becoming devoid of active civil procedural legal capacity or upon the change of the principal's legal representative.
(4) In a proceeding, the represented party may rely on termination of the representative's authority due to expiry thereof only if the represented party or representative has informed the court and the opposing party separately of the termination of the authority.

§ 226. Verification of right or representation

(1) The court verifies the existence of a representative's right of representation and upon the absence of such right refuses to permit the person to participate in the proceeding in the capacity of a representative. A participant in a proceeding has the right to demand, in every court
instance, verification of the right of representation of the representatives of the other participants in the proceeding. Advocates are presumed to have the right of representation.
(2) If the absence of the right of representation is established, the court may:
1) refuse to hear an action if the person who submitted the statement of claim on behalf of the plaintiff had no right of representation upon filing the action;
2) make a judgment if this is possible pursuant to law;
3) remove, by a ruling, the person without the right of representation from the proceeding, provided that the participant in the proceeding has several representatives;
4) permit the representative to participate in the proceeding pursuant to § 227 of this Code;
5) postpone the hearing of the matter.
(3) If during a proceeding, a representative is found to have no right of representation but the action was filed correctly, the participant in the proceeding represented is deemed not to have
participated in the proceeding to the extent to which such person was represented without the right of representation, unless the participant in the proceeding subsequently approves of the procedural acts performed by the person who appeared as the representative.

§ 227. Permission to temporarily enter proceedings for and approval of representation of persons with ambiguous right of representation

(1) If an action on behalf of the plaintiff is filed by a person who fails to certify his or her right of representation, the court does not serve the action on the defendant before the right of representation has been certified.
(2) If a representative of a participant in a proceeding is unable to certify his or her right of representation in court but claims that such certification will be possible at a later time, the court may postpone the hearing of the matter or permit the person to temporarily participate in the proceeding as a representative.
(3) If the hearing of the matter is postponed or the person with an ambiguous right of representation is permitted to enter the proceeding as a representative, the court sets such person a term for certification of his or her right of representation and may require a security from such person in order to cover for the procedural expenses and any expenses or damage which may arise to other participants in the proceeding.
(4) If a person without a right of representation is permitted to enter a proceeding, the court may make a judgment or a ruling on termination of the proceeding only after certification of the right of representation, submission of approval of representation without authorisation or expiry of the term set by the court for such purpose.
(5) If a person who appears on behalf of the plaintiff has not certified his or her right of representation or submitted an approval within the term set by the court, the court refuses to hear the action if the other prerequisites for refusal to hear the action are fulfilled. If a person who appears on behalf of the defendant has not certified his or her right of representation or submitted an approval within the term set by the court, the court makes a default judgment if the other prerequisites for making a default judgment are fulfilled. If a person who filed an appeal on
behalf of a participant in a proceeding has not certified his or her right of representation or submitted an approval within the term set by the court, the court refuses to hear the appeal if the other prerequisites for refusal to hear the appeal are fulfilled.
(6) The court orders, by a decision specified in subsection (5) of this section, in favour of the other participants in the proceeding, payment by the person without the right of representation of the expenses which the other participants incurred as a result of permitting the person without the right of representation to enter the proceeding. This does not preclude or restrict the right of the participants in the proceeding to demand compensation for damage in an amount which exceeds the costs.
(7) Procedural acts performed on behalf of a participant in the proceeding are also deemed to be valid if the participant in the proceeding granted the right of representation to the representative
by any other means than by a written, notarised or certified document, or if the participant in the proceeding approves, expressly or tacitly, of the participation of the representative in the proceeding. It is presumed that a participant in a proceeding has approved of the authorisation of a person who represented him or her in a proceeding if the participant in the proceeding subsequently granted the authorisation to the representative.

§ 228. Adviser

(1) A participant in a proceeding may use a person with active civil procedural legal capacity as an adviser in a proceeding.
(2) An adviser may appear in the court session together with the participant in the proceeding and provide explanations. An adviser cannot perform procedural acts or file petitions.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) Anything presented by an adviser in a court session is deemed to have been presented by the participant in the proceeding unless the participant in the proceeding immediately withdraws or corrects it.

Part 5 EVIDENCE

Chapter 24 GENERAL PROVISIONS

§ 229. Definition of evidence

(1) Evidence in a civil matter is any information which is in a procedural form provided by law and on the basis of which the court, pursuant to the procedure provided by law, ascertains the existence or lack of facts on which the claims and objections of the parties are based and other facts relevant to the just adjudication of the matter.
(2) Evidence may be the testimony of a witness, statements of participants in a proceeding given under oath, documentary evidence, physical evidence, inspection or an expert opinion. In a proceeding on petition the court may also deem other means of proof, including a statement of a participant in the proceeding which is not given under oath, to be sufficient in order to prove the facts.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 230. Burden of proof and submission of evidence

(1) In actions, each shall party prove the facts on which the claims and objections of the party
are based, unless otherwise provided by law. Unless otherwise prescribed by law, the parties may agree on a division of the burden of proof different from that which is provided by law and agree on the nature of the evidence whereby a certain fact may be proved.
(2) Evidence is submitted by the participants in the proceedings. The court may propose to the participants in the proceeding that they submit additional evidence.
(3) Unless otherwise provided by law, the court may take evidence at its own initiative in a matrimonial matter, filiation matter, a dispute related to the interests of a child or a proceeding on petition.
(4) In a maintenance matter, the court may require that a party provide data and documents on his or her income and financial status and caution the party that the inquiry specified in subsection (5) of this section may be conducted.
(5) In the case provided in subsection (4) of this section, the court may demand relevant information from:
1) the employer, including former employers, of a party;
2) the Social Insurance Board or another agency or person making payments related to old age or loss of capacity for work;
[RT I, 06.12.2012, 1 - entry into force 01.01.2013]
3) insurance companies;
4) the Tax and Customs Board;
5) credit institutions.
(6) The persons and agencies specified in subsection (5) of this section have the obligation to provide the court with information within the term set by the court. In the case of failure to perform such obligation, the court may impose a fine on the obligated person or agency.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 231. Bases for relief from burden of proof

(1) A fact which the court deems to be a matter of common knowledge need not be proved. A fact concerning which reliable information is available from sources outside the proceeding may be declared a matter of common knowledge by the court.
(2) An argument made by a party concerning on a fact need not be proven if the opposing party admits the fact. Admission means unconditional and express agreement to a factual allegation by means of a written statement addressed to the court, or made in a court session where such agreement is entered in the minutes. In matrimonial and filiation matters, the court evaluates admission together with other evidence.
(3) Admission may be withdrawn only with the consent of the opposing party if the party withdrawing the admission proves that the allegation concerning the existence or absence of a fact which was admitted is incorrect, and that admission was caused by an incorrect understanding of the fact. In such case the fact is not deemed to be admitted.
(4) Admission is presumed until the opposing party expressly contests the allegation made concerning the fact or the party's intent to contest becomes evident from any other statements made thereby.

§ 232. Evaluation of evidence

(1) The court evaluates all evidence pursuant to law from all perspectives, thoroughly and objectively and decides, according to the conscience of the court, whether or not an argument presented by a participant in a proceeding is proven considering, among other, any agreements between the parties concerning the provision of evidence.
(2) No evidence has predetermined weight for a court, unless otherwise agreed by the parties. (3) Upon establishment of a disputed fact, the court is bound by the opinion provided by a
qualified person appointed by agreement of the parties, if:
1) the dispute is related to an agreement entered into in the course of the economic or professional activities of both parties, and
2) no circumstances exist for removing the qualified person acting as an expert from the proceeding, and
3) the qualified person was appointed according to an agreement without giving any preference to either of the parties, and
4) the opinion of the qualified person is obviously not incorrect.

§ 233. Evaluation of amount of claim

(1) The court decides on the amount of damage according to the conscience of the court and taking account of all facts if causing of damage has been established in a proceeding but the exact amount of the damage cannot be established or establishment thereof would involve major difficulties or unreasonably high costs, including if the damage is non-patrimonial.
(2) The provisions of subsection (1) of this section also apply to other proprietary disputes if the parties disagree over the amount of the claim and full verification of all the facts necessary for the establishment thereof involves unreasonable difficulties.

§ 234. Proof of law of foreign states, international law and customary law

Proof of law in force outside of the Republic of Estonia, international law or customary law must be given only in so far as the court is not acquainted with such law. The court may also use other sources of information and perform other acts to ascertain the law. Upon ascertaining foreign law, the court is also guided by § 4 of the Private International Law Act.

§ 235. Substantiation

Substantiation of an allegation means giving the court the reasons for an allegation such that, presuming that the reasoning is correct, the court can deem such allegation to be plausible. Unless otherwise provided by law, a person required to substantiate may use all the evidence permitted by law for such purpose, including means of proof not deemed to be evidence by law or not in the procedural form prescribed for evidence, including signed confirmations.

Chapter 25 PROVISION, TAKING AND EXAMINATION OF EVIDENCE

§ 236. Provision and taking of evidence

(1) Provision of evidence means a request made by a participant in a proceeding requesting the court to evaluate an allegation of the participant in the proceeding based on the receipt and examination of the evidence indicated in the request.
(2) If a participant in a proceeding wishing to provide evidence is unable to do so, the participant in the proceeding may request the taking of the evidence by the court. Taking of evidence means an activity of the court performed with the aim to render evidence available and enable the examination thereof in the proceeding.
(3) A participant in a proceeding who provides evidence or requests the taking of evidence must substantiate which facts relevant to the matter the participant in the proceeding wishes to prove by providing the evidence or requesting the taking of evidence. A request for taking of evidence shall also set out any information which enables the taking of evidence.
(4) With the consent of both parties, evidence may be provided to the court and the court may take evidence in a manner or form different from that provided in this Code. A party may withdraw such consent only if significant changes in the procedural situation occur.

§ 237. Obligation of timely provision of evidence

(1) In the course of pre-trial proceedings, the court sets the participants in a proceeding a term for providing evidence and requesting the taking of evidence. If evidence is not provided or taking thereof is not requested before the expiry of the term, such evidence may be relied upon later only in adherence to the provisions of § 331 of this Code.
(2) If the request of a participant in a proceeding for taking of evidence is denied due to the failure of the participant to pay the costs related to the taking of evidence in advance notwithstanding the demand of the court, the participant does not have the right to request the taking of evidence later if satisfaction of the request would result in adjournment of the hearing of the matter.

§ 238. Relevance and admissibility of evidence

(1) The court accepts, organises the taking of and considers, in adjudicating a matter, only evidence which has relevance to the matter. Evidence has no relevance to a matter, above all, if:
1) the fact proven need not be proved, among other, if the fact is not disputed;
2) enough evidence has already been provided, in the opinion of the court, in proof of the fact.
(2) If pursuant to law or based on an agreement between the parties, a fact must be proven by evidence of a certain type or form, the fact shall not be proved by evidence of another type or form.
(3) In addition to the cases provided in subsections (1) and (2) of this section, the court may refuse to accept evidence and return the evidence, or refuse to take evidence, if:
1) the evidence has been obtained by a criminal offence or unlawful violation of a fundamental right;
2) the evidence is not accessible and, above all, if the witness's data or location of a document is unknown, or if the relevance of the evidence is disproportionate to the time necessary for taking the evidence or other difficulties related thereto;
3) the evidence is not provided or the request for taking the evidence is not made in a timely manner;
4) the need for providing or taking evidence is not substantiated;
5) the participant in the proceeding requesting the taking of evidence fails to make an advance payment demanded by the court in order to cover the costs incurred upon the taking of evidence.
(4) The court makes a reasoned ruling on refusal to accept evidence or refusal to take evidence. (5) If the court has already accepted or taken evidence, the court may refuse to take account of
such evidence upon adjudicating the matter in the cases provided in subsections (1)–(3) of this section. Evidence may be disregarded after its evaluation if the evidence is clearly not reliable.

§ 239. Organisation of taking evidence

(1) The taking of additional evidence in order to evaluate evidence is organised by a court ruling which is communicated to the participants in the proceeding. If evidence has to be taken outside of the territorial jurisdiction of the court conducting proceedings in a matter, the court hearing
the matter may make a ruling for performance, by letter of request, of a procedural act by the court within the territorial jurisdiction of which the evidence can be taken. (2) A ruling on a letter of request sets out a brief description of the merits of the matter, the facts to be ascertained and the evidence to be taken.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) The court, including the court conducting proceedings in a matter based on a letter of request, may amend a ruling on taking of evidence if necessary. Where possible, the participants in the proceeding are given an opportunity to provide an opinion before amendment of such ruling. The participants in a proceeding are immediately informed of amendment of a ruling on taking of evidence.

§ 240. Procedure for compliance with letter of request

(1) A letter of request is complied with pursuant to the procedure established for performance of the procedural act applied for in the letter of request. The participants in the proceeding are notified of the time and place of the procedural act; however, the absence of a participant in the proceeding does not prevent compliance with the letter of request.
(2) Minutes of procedural acts and evidence taken upon compliance with a letter of request are sent promptly to the court hearing the matter.
(3) If, upon taking of evidence by the court conducting proceedings in a matter on the basis of a letter of request, a dispute arises which cannot be settled by such court but continuation of taking of evidence depends on the settlement of the dispute, the court conducting proceedings in the main case settles the dispute.
(4) If the court complying with a letter of request finds that in order to better adjudicate the matter, it would be reasonable to transfer the duty of taking evidence to another court, the court submits a request to this effect to the other court and informs the participants in the proceeding thereof.

§ 241. Taking of evidence outside Estonia

(1) Evidence taken in a foreign state pursuant to the legislation of such state may be used in a civil proceeding conducted in Estonia unless the procedural acts performed in order to obtain the evidence are in conflict with the principles of Estonian civil procedure.
(2) Evidence is taken in another Member State of the European Union with the assistance of a court of the other state or directly pursuant to the procedure provided by Council Regulation
1206/2001/EC relating to co-operation between the judicial authorities of the Member States in the taking of evidence in civil and commercial matters.
(3) The panel of the court which requested the taking of evidence pursuant to the regulation specified in subsection (2) of this section or a judge acting on the basis of an order may, in accordance with such regulation, be present at and participate in the taking of evidence by a
court of a foreign state. The participants in the proceeding, their representatives and experts may participate in the taking of evidence to the same extent as they may participate in the taking of evidence in Estonia. The court panel adjudicating the matter, a judge acting on the basis of an order or an expert appointed by the court may participate in such direct taking of evidence by an Estonian court in another Member State of the European Union, which is permitted by Article
17.3 of the regulation mentioned above.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) For taking of evidence elsewhere than in a Member State of the European Union, the court requests the taking of evidence through a competent authority pursuant to the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters.
(5) The court may also take evidence in a foreign state by intermediation of the ambassador representing the Republic of Estonia in such state or a competent consular official unless it is prohibited pursuant to law of the foreign state.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 242. Withdrawal of evidence

The party who has provided evidence or requested the taking thereof may waive and withdraw evidence only with the consent of the opposing party, unless otherwise provided by law.

§ 243. Examination of evidence

(1) The court examines evidence directly and evaluates evidence upon making a decision. (2) The court determines the sequence of examination of evidence in a court session after
hearing the opinions of the participants in the proceeding.
(3) The participants in a proceeding have the right to attend the examination of evidence in court sessions. Absence of a participant in a proceeding summoned to court from a court session in which evidence is examined does not prevent the examination of the evidence unless the court rules otherwise.
(4) The court may order new or additional examination of evidence at the request of a participant in a proceeding who was absent from a court session in which the evidence was examined if the participant in the proceeding substantiates to the court that he or she was absent from the court session with good reason and that due to his or her absence the evidence taken or examined is materially incomplete.
(5) The minutes concerning the taking of evidence compiled upon compliance with a letter of request or by a judge acting based on an order are made public at a session of the court hearing the matter. The participants in the proceeding may provide an opinion concerning the taking of evidence.
(6) Evidence taken and the minutes of procedural acts performed outside of a court session are made public in a court session and communicated to the experts and witnesses as necessary. Thereafter the participants in the proceeding may give statements with regard to such evidence.

Chapter 26 PRE-TRIAL TAKING OF EVIDENCE FOR SAFEGUARDING EVIDENCE AND PRE-TRIAL ESTABLISHMENT OF FACTS

§ 244. Pre-trial taking of evidence

(1) Pre-trial taking of evidence may be organised by a court ruling during court proceedings at the request of a party or, if good reason exists therefor, also before proceedings are initiated if the opposing party agrees to this or if it can be presumed that evidence could be lost or using the evidence afterwards could involve difficulties. The court also initiates pre-trial taking of evidence in order to safeguard evidence if a person substantiates that the copyright and related rights, or industrial property rights thereof have been infringed, or that a danger of infringement exists.
(2) Inspections may be organised, witnesses may be heard, and expert assessments and other procedural acts may be conducted in the course of pre-trial taking of evidence. If pre-trial taking of evidence is initiated in order to safeguard evidence due to an infringement or danger of infringement of copyright and related rights or industrial property rights, the court may, among other, organise an inspection of samples and recording of a detailed description of samples with or without storing the samples, or seize the infringing goods, or the raw materials, equipment and
related documents necessary for the production or marketing of the goods pursuant to the procedure for securing actions.
(3) Before the beginning of a proceeding, a person may request that the court order expert assessment in pre-trial taking of evidence if the person has a legal interest in the establishment of:
1) the state of a person, or the condition or value of an object;
2) the reason for damage or defect of an object;
3) the costs or measures for elimination of damage or correction of defects of an object.
(4) Legal interest exists in the case specified in subsection (3) of this section if establishment would clearly help to prevent a judicial dispute.
(5) The provisions concerning provision and taking of evidence also apply to pre-trial taking of evidence unless the provisions of this Chapter provide otherwise.

§ 245. Application for initiation of pre-trial taking of evidence

(1) If a court proceeding has begun in a civil matter, an application for initiation of pre-trial taking of evidence is filed with the court which conducts proceedings in the matter.
(2) If a proceeding has not begun, the application is filed with the court which, according to the applicant, is competent to hear the main case. If pre-trial taking of evidence is followed by a court proceeding, the applicant cannot rely on the fact that the matter does not actually belong under the jurisdiction of that court.
(3) The application may also be filed, with good reason, with the county court within the territorial jurisdiction of which the person, the hearing of whom or conduct of expert assessment in respect of whom is requested, stays, or within the territorial jurisdiction of which the thing that is the object of inspection or expert assessment, is located.

§ 246. Content of application for initiation of pre-trial taking of evidence

(1) An application for initiation of pre-trial taking of evidence shall set out the following information:
1) the names, addresses and telecommunications numbers of the participants in the proceeding or the persons presumed to be the participants in the proceeding;
2) a description of the facts concerning which the applicant wishes evidence to be taken;
3) the names of witnesses or designation of other evidence;
4) the facts which substantiate the permissibility of pre-trial taking of evidence and jurisdiction thereof.
(2) If the person who requests the taking of evidence fails to specify the opposing party, the person shall provide the court with good reason for failure to do so.

§ 247. Initiation of pre-trial taking of evidence

(1) The court adjudicates an application for initiation of pre-trial taking of evidence by a ruling. The ruling sets out the facts concerning which evidence must be taken and specifies the evidence which must be taken.
(2) If due to an infringement or danger of infringement of copyright and related rights or industrial property rights, pre-trial taking of evidence is initiated in order to safeguard evidence before an action is filed, the court sets a term, by a ruling, within which the person must file the action. The term shall not be longer than one month. If an action is not filed on time, the court cancels the acts performed in the course of pre-trial taking of evidence.
(3) If due to an infringement or danger of infringement of copyright and related rights or industrial property rights, pre-trial taking of evidence is requested or initiated before an action has been filed, the court may make the initiation or continuation of the pre-trial taking of evidence dependent on the provision of a security for compensation of the costs which may be
incurred by the opposing party. The security must be provided by the due date set by the court. If the security is not provided by the set due date, the court refuses to initiate pre-trial taking of evidence or cancels the acts performed in the course of the pre-trial taking of evidence.
(4) A ruling on refusal to initiate pre-trial taking of evidence is subject to appeal. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.

§ 248. Protection of opposing party in pre-trial taking of evidence

(1) The court does not initiate pre-trial taking of evidence if the applicant fails to provide the court with a good reason why the applicant cannot specify the opposing party in such proceeding.
(2) If pre-trial taking of evidence is initiated on the basis of an application which does contain the name of the opposing party, the court may, to protect the interests of the future opposing party in the pre-trial taking of evidence, appoint an advocate who protects the interests of the
future opposing party at the taking of evidence. The court makes a ruling to order payment by the applicant of the advocate's fee and expenses to the extent prescribed by the State Legal Aid Act and may require that the applicant make, prior to the beginning of pre-trial taking of evidence, a reasonable advance payment to the account prescribed for such purpose. If the advance payment is not made, the court may refuse to initiate pre-trial taking of evidence.
[RT I, 31.01.2014, 6 - entry into force 01.04.2014]
(3) The court serves the application for initiation of pre-trial taking of evidence and the court ruling on initiation of the proceeding on the opposing party and the representatives thereof in a manner which enables the opposing party to protect the interests thereof in such proceeding.
(4) If due to an infringement or danger of infringement of copyright and related rights or industrial property rights of a person, pre-trial taking of evidence is requested in order to
safeguard evidence before an action has been filed, the court initiates and completes the pre-trial taking of evidence without informing the opposing party thereof if a delay could result in irreparable damage to the applicant or if the evidence could otherwise be destroyed or lost. In such case, the application and ruling specified in subsection (3) of this section, and a ruling on application of a measure are served on the opposing party immediately after application of the necessary measures.
(5) In the case specified in subsection (4) of this section, the opposing party may request from the court the substitution or cancellation of a measure for safeguarding evidence provided that the evidence was safeguarded without good reason. The court informs the applicant of such request and the applicant has the right to file objections against the request with the court. A ruling made concerning such request is subject to appeal by the parties. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.
(6) Filing of the appeal specified in subsection (5) of this section does not suspend the enforcement of a ruling on securing of evidence. The filing of an appeal against a ruling on the cancellation of the application of a measure for securing evidence or the substitution of one measure for securing evidence with another suspends the enforcement of the ruling.

§ 249. Relying on evidence obtained in pre-trial taking of evidence

(1) Evidence taken in pre-trial taking of evidence may be relied on in a proceeding on the same bases with evidence obtained in the main proceeding.
(2) If the opposing party did not participate in the court session of the pre-trial taking of evidence or in the performance of another procedural act, relying on the outcome of pre-trial taking of evidence is not permitted if the opposing party had not been summoned to the court session or the performance of such other procedural act in a timely manner or the rights of the opposing party were materially violated in the pre-trial taking of evidence due to another reason and the opposing party contests the evidence on such grounds.
(3) Relying on the outcome of pre-trial taking of evidence is permitted if the opposing party was not informed of the pre-trial taking of evidence pursuant to the provisions of subsection 248 (4) of this Code.

§ 250. Compensation for damage caused by pre-trial taking of evidence

(1) The party who applied for initiation of pre-trial taking of evidence shall compensate for the damage caused to the other party if:
1) a court decision on refusal to satisfy or hear the action enters into force, or if the proceeding
in the matter is terminated on any other grounds except due to the approval of the compromise of the parties;
2) it becomes evident that no grounds for pre-trial taking of evidence existed at the time of initiating the pre-trial taking of evidence;
3) the acts performed in the course of pre-trial taking of evidence carried out prior to filing the action are annulled on the grounds that the action was not filed on time.
(2) A security ordered for compensation of damage likely to be caused by pre-trial taking of evidence is returned to the party who applied for the conduct of pre-trial taking of evidence if the other party has not filed an action for compensation for damage within two months as of the time specified in subsection (1) of this section.

Chapter 27 TESTIMONY OF WITNESS

§ 251. Testimony of witness

(1) Every person who may be aware of the facts relevant to a matter may be heard as a witness unless the person is a participant in the proceeding or a representative of a participant in the proceeding in the matter.
(2) Instead of hearing a witness, the court may use the record of hearing the same witness in another court proceeding, if this clearly simplifies the proceeding and the court may be presumed to be able to evaluate the record to a necessary extent without directly interrogating the witness.

§ 252. Summoning of witness to court session

The court summons a witness to a court session and serves a summons on him or her. A
summons shall contain at least the following information:
1) the participants in the proceeding and the object of the dispute;
2) the matter in which the person is to be heard;
3) an order to appear at the time and place indicated in the summons in order to give testimony;
4) a warning that coercive measures provided by law will be applied if the witness fails to appear for the hearing.

§ 253. Written testimony

(1) The court may make a ruling whereby a witness is required to provide written answers to the questions posed to him or her within the term prescribed by the court, if appearing before the court is unreasonably cumbersome to the witness and, taking account of the contents of the questions and the personal characteristics of the witness, giving written testimony is, in the court's opinion, sufficient for providing proof.
(2) In the case specified in subsection (1) of this section, the witness shall be informed that regardless of giving written testimony, he or she may also be summoned to a court session to provide oral testimony. A witness shall be explained the contents of § 256. – § 259. of this Code and the obligation of a witness to tell the truth. A witness shall also be cautioned against refusal to give testimony without good reason and against giving knowingly false testimony, and shall be required to sign the text of the testimony and the caution.
(3) A participant in a proceeding has the right to submit written questions to a witness through the court. The court determines the questions for which an answer by a witness is requested.
(4) After receiving the answers of a witness, the court forwards them immediately to the participants in the proceeding together with a signed text of the caution.
(5) If necessary, the court may summon a witness to a court session in order to give oral testimony.

§ 254. Obligation of witness to appear before court and provide truthful testimony

A person summoned as a witness is required to appear in court and give truthful testimony before the court with regard to the facts known to him or her.

§ 255. Hearing of witness outside of court

(1) If a person is unable to appear in court due to an illness, old age, a disability or other good reason, or if it is necessary due to another reason, the court may go to the witness to hear the witness.
(2) A court acting based on a letter of request or a judge acting on the basis of an order shall be assigned the task of hearing a witness only if there is reason to believe that the court conducting proceedings in the matter will be able to evaluate the outcome of the hearing appropriately without directly participating in the hearing, and if:
1) on-the-site hearing of the witness is presumed to be necessary for ascertaining the truth or if, pursuant to law, the witness must be heard elsewhere than the place where the trial is held;
2) the witness is unable to appear in court due to an illness, old age, a disability or other good reason;
3) in proportion to the importance of the testimony to be given by the witness, appearing before the court which conducts proceedings in the matter is not acceptable to the witness due to the disproportionate length of the journey and the witness cannot be heard by way of procedural conference.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
4) [repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) If a witness fails to appear or refuses to give testimony, the judge who received an order or a letter of request for taking evidence has the right to give and annul orders arising from the law, to decide on the permissibility of the questions posed to the witness and to decide on repeated hearing of the witness.

§ 256. Prohibition on giving testimony

(1) A minister of a religious association registered in Estonia or support staff thereof shall not be heard or questioned with regard to circumstances confided to them in the context of spiritual
care.
(2) The following shall not be heard as witnesses without the permission of the person in whose interests the duty to maintain confidentiality is imposed:
1) representatives in civil or administrative matters, counsels in criminal or misdemeanour
matters and notaries with regard to facts which have become known to them in the performance of their professional duties;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
2) doctors, pharmacists or other health care providers, with regard to facts which a patient has confided to them, including facts related to the descent, artificial insemination, family or health of a person;
3) other persons who, due to their occupation or professional or economic activities, have been confided information which the persons are obliged to keep confidential pursuant to law.
(3) Professional support staff of the persons specified in subsection (2) of this section shall also not be heard as witnesses without the permission of the person in whose interests the duty to maintain confidentiality is imposed.
(4) A court may refuse to hear as a witness a person of less than fourteen years of age or a person who due to a physical or mental disability is unable to comprehend the facts relevant to the matter properly or to give truthful testimony with regard thereto.

§ 257. Right of witness to refuse to give testimony

(1) The following persons have the right to refuse to give testimony as witnesses:
1) the descendants and ascendants of the plaintiff or defendant;
2) a sister, stepsister, brother or stepbrother of the plaintiff or defendant, or a person who is or has been married to a sister, stepsister, brother or stepbrother of the plaintiff or defendant;
3) a step parent or foster parent or a step child or foster child of the plaintiff or defendant;
4) an adoptive parent or an adopted child of the plaintiff or defendant;
5) the spouse of or a person permanently living together with the plaintiff or defendant, and the parents of the spouse or person, even if the marriage or permanent cohabitation has ended.
(2) A witness may refuse to give testimony also if the testimony may lay blame on him or her or a person specified in subsection (1) of this section for the commission of a criminal offence or a misdemeanour.
(3) A witness has the right to refuse to give testimony concerning the fact to which the State
Secrets and Classified Information of Foreign States Act applies. [RT I 2007, 16, 77 - entry into force 01.01.2008]
(4) A person processing information for journalistic purposes has the right to refuse to give testimony concerning the fact which enables to identify the person who has provided the information.
[RT I, 21.12.2010, 1 - entry into force 31.12.2010]
(5) A person who comes professionally into contact with the facts that may identify the person who has provided information to the person processing information for journalistic purposes has the right to refuse to give testimony in the case provided in subsection (4) of this section.
[RT I, 21.12.2010, 1 - entry into force 31.12.2010]

§ 258. Obligation to testify in exceptional cases

Regardless of the provisions of § 257 of this Code, a witness shall not refuse to give testimony concerning:
1) the performance and content of a transaction which he or she was invited to witness;
2) the birth or death of a family member;
3) a fact related to a proprietary relationship which arises from a relationship under family law;
4) an act related to the disputed legal relationship which the witness himself or herself performed as the legal predecessor or representative of a party.

§ 259. Procedure for refusing to give testimony

(1) A witness who refuses to give testimony shall present, not later than in the court session prescribed for his or her questioning, the facts on the basis of which the witness refuses to testify, and shall substantiate such facts to the court.
(2) A witness who gives advance notice of his or her refusal to testify need not appear in the court session prescribed for giving the testimony. The court informs the participants in the proceeding of the receipt of a petition on refusal to give testimony.
(3) The court makes a ruling concerning the legality of the refusal of a witness to give testimony after hearing the participants in the proceeding. If the court does not consider the refusal to give testimony to be legal, the court requires the witness to give testimony by a ruling. The witness
has the right to file an appeal against such ruling. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.
(4) If a witness refuses to give testimony in order to protect a state secret or classified information of foreign states, the court requests the agency in possession of the state secret or classified information of foreign states to confirm classification of the facts as state secret or classified information of foreign states. If the agency in possession of a state secret or classified information of foreign states does not confirm classification of the facts as state secret or classified information of foreign states or does not respond to the request within 20 days, the witness is required to give testimony.
[RT I 2007, 16, 77 - entry into force 01.01.2008]

§ 260. Safeguarding of hearing witness

(1) Every witness is heard individually. Witnesses who have not been heard shall not be present in the courtroom during the hearing of the matter. A witness who has been heard stays in the courtroom until the end of the hearing of the matter unless the court gives the witness permission to leave earlier.
(2) If a court has reason to believe that a witness is afraid or has other reason not to speak the truth before the court in the presence of a participant in the proceeding or if a participant in a proceeding leads the testimony of a witness by interference or in any other manner, the court
may remove such participant in the proceeding from the courtroom for the time the witness is heard.
(3) After the return of such participant in the proceeding, the testimony of the witness is read to the participant in the proceeding and the participant in the proceeding has the right to question the witness.

§ 261. Hearing of witness who is minor

(1) If necessary, a witness of less than fourteen years of age is heard in the presence of a child protection official, social worker, psychologist, parent or guardian who, with the permission of the court, may also question the witness. The court may involve a child protection official, social worker or psychologist in the hearing of a minor over fourteen years of age.
(2) If necessary, a court may remove a witness of less than fourteen years of age from the courtroom after he or she has been heard.

§ 262. Procedure for hearing of witness

(1) The court ascertains the identity of a witness and his or her area of activity, education, residence, connection to the matter and relationships with the participants in the proceeding. Before giving testimony, the court explains the obligation of a witness to tell the truth and the contents of § 256. – § 259. of this Code to the witness.
(2) A witness of at least fourteen years of age is cautioned against refusal to give testimony without a legal basis and giving knowingly false testimony, and the witness confirms this by signing the court minutes or the text of the caution. A witness is not cautioned if the witness does not understand the meaning of the caution due to mental illness, mental disability or other mental disorder.
(3) If a witness is heard repeatedly in the same matter, the witness need not be cautioned repeatedly. The court reminds the witness of the force of the caution.
(4) The court explains the object of the hearing to the witness and urges the witness to disclose everything that he or she knows concerning the object of the hearing.
(5) The participants in a proceeding have the right to pose questions to a witness which are necessary in their opinion in order to adjudicate the matter or establish the witness's connection to the matter. A participant in the proceeding poses questions through the court. With the permission of the court, a participant in a proceeding may pose questions directly.
(6) A participant in a proceeding who applies for the summoning of a witness is the first to question the witness; thereafter, the witness is questioned by the other participants in the proceeding. A witness summoned at the initiative of the court is questioned first by the plaintiff.
(7) The court excludes leading questions and the questions which are not relevant to the matter as well as the questions which are posed in order to reveal new facts which have not yet been presented before and repeated questions.
(8) If necessary, the court has the right to pose additional questions during the entire questioning in order to clarify or supplement the testimony, or to establish the basis for the witness's knowledge.

§ 263. Repeated hearing of witness and confrontation thereof

(1) A witness is heard in the court session to which he or she is summoned unless there is good reason not to hear the witness in this court session. Absence of a participant in a proceeding is not, as a rule, deemed to be good reason. The repeated summoning of a witness who has been heard to the next court session in a court of the same instance shall be reasoned.
(2) If necessary, a court may hear a witness repeatedly in the same court session and confront witnesses if their testimony is contradictory.

§ 264. Notes of witness

(1) While giving testimony, a witness may use notes and other documents concerning numerical data, names and other information which is difficult to memorise. The court may prohibit a witness from using notes in a court session.
(2) If the court so requires, notes are presented to the court and the participants in the proceeding and the court may annex the notes to the file with the witness's consent.

§ 265. Disclosure of testimony of witness

(1) The testimony of a witness who has been heard during previous court sessions on the basis of a letter of request or order, in the course of pre-trial taking of evidence or in the case of the adjournment of the matter is disclosed in a court session. The testimony of a witness is deemed to be disclosed if the court and the participants in the proceeding do not consider the reading out of the testimony necessary.
(2) If witnesses who have been heard in previous court sessions appear in a court session, the court may hear the witnesses again.

§ 266. Liability of witness

(1) If a witness fails to appear in court upon a summons without good reason, the court may impose a fine or compelled attendance on the witness.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) If a witness refuses to give testimony or sign a caution without good reason, the court may impose a fine or detention of up to 14 days on the witness. The witness is released immediately if
the witness gives the testimony or the signature on being cautioned, or if the hearing of the matter has ended or the need for the witness to be heard has ceased to exist.
(3) A witness bears the procedural expenses caused by his or her refusal to give a signature on being cautioned, refusal to give testimony or failure to attend a court session without good reason.
(4) A ruling of a county court or circuit court made under the circumstances specified in subsections (1)–(3) of this section is subject to appeal by a witness. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.

Chapter 28 STATEMENTS OF PARTICIPANTS IN PROCEEDING GIVEN UNDER OATH

§ 267. Hearing under oath of participants in proceedings at request of party required to provide evidence

(1) A party who has not been able to prove, by any other evidence, a fact which needs to be proven by him or her or who has not provided any other evidence, has the right to request the hearing of the opposing party or a third person under oath in order to prove the fact. In the case of a legal person, a representative thereof may be heard under oath.
(2) A third person may also be heard under oath at his or her own request.

§ 268. Hearing under oath of party required to provide evidence

The court may also hear under oath a party required to provide evidence concerning a disputed fact if one party requests it and the other party agrees.

§ 2681. Hearing of party at initiative of court

Regardless of the parties' requests and the division of the burden of proof, the court may at its own initiative hear under oath either or both parties if on the basis of the earlier proceedings and the evidence provided and taken the court is not able to form a position on the truth of a stated fact subject to be proven. The court may also hear a party under oath at its own initiative if the party required to provide evidence wishes to give statements under oath, but the opposing party does not agree with it.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 269. Procedure for hearing participants in proceeding

(1) The provisions concerning hearing of witnesses correspondingly apply to hearing of participants in proceeding under oath unless the provisions of this Chapter provide otherwise.
(2) A participant in a proceeding takes the following oath before giving testimony:
"I, (name), swear by my honour and conscience that I shall disclose the whole truth about the matter without concealing, adding or changing anything". A participant in a proceeding takes the oath orally and signs the text of the oath.

§ 270. Refusal by participant in proceeding to take oath or give statements under oath

(1) If a party refuses to take the oath or to give statements under oath or, regardless of the court's demand, refuses to make a statement concerning such refusal, the court may deem, taking
account of, among other, the reasoning for the refusal to take the oath or to give statements, the fact stated by the opposing party to be proven.
(2) If a party fails to appear in the court session set for his or her hearing under oath without good reason, the court may deem, taking account of the reasons for his or her failure to appear, that he or she has refused to give statements.
(3) The provisions concerning the refusal of a witness to give testimony and the liability prescribed therefor apply to the refusal of a third party without an independent claim to give statements or take the oath.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 271. Hearing of participant in proceeding without active civil procedural legal capacity

(1) The legal representative or representatives of a participant in a proceeding who has no active civil procedural legal capacity are heard under oath on his or her behalf.
(2) A minor or an adult with restricted active legal capacity may be heard by the court without taking the oath concerning a fact directly related to his or her action or which was the object of his or her direct experience if the court deems it reasonable under the circumstances.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 29 DOCUMENTARY EVIDENCE

§ 272. Definition of documentary evidence

(1) Documentary evidence is a written document or other document or similar data medium which is recorded by way of photography, video, audio, electronic or other data recording, contains information on facts relevant to the adjudication of a matter and can be submitted in a court session in a perceptible form.
(2) Official and personal correspondence, decisions in other cases and opinions of persons with specific expertise submitted to the court by participants in the proceeding are also deemed to be documents.
(3) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 273. Submission of written documents

(1) A written document is submitted as an original document or a transcript.
(2) If a participant in a proceeding submits an original document together with a transcript, the court may return the original document and include in the file the transcript certified by the judge.
(3) At the request of a person who submits a written document, the original document included in the file may be returned after the entry into force of the court decision terminating the proceeding. The transcript, certified by the judge, of the original document submitted by the person to whom the original document is returned is kept in the file.
(4) The court may set a term for examination of a submitted document after the expiry of which the court returns the document. In such case the transcript of the document is kept in the file.
(5) If a document has been submitted in the form of a transcript, the court has the right to request the submission of the original document or substantiation of the circumstances which prevent the submission of the original document. If the demand of the court is not complied with, the court decides on the probative value of the transcript of the document.

§ 274. Submission of electronic documents

Electronic documents are submitted to the court in the form of printouts or are transmitted electronically in a format which permits examination and safe storage thereof in the information system of the court.

§ 275. Submission of excerpts of documents and examination of documents at their place of storage

(1) If a document is highly voluminous and mainly includes facts not relevant to the proceeding or if a document contains information deemed to be state or business secret or classified information of foreign states, and the court finds that for such reason or other similar reason, submission of the document in its entirety is not reasonable considering the danger of the document being lost or damaged, a certified excerpt of a part of a document may be submitted or the place where the court and the participants in the proceeding may examine the document may be indicated. The court may demand the submission of the document in its entirety.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) In the case specified in subsection (1) of this section, the court may inspect and examine a document at the place of its storage or assign such duty to a court acting on the basis of a letter of request or a judge acting on the basis of an order.

§ 276. Documents prepared by administrative agencies and persons entitled to perform public duties

(1) If the court doubts the authenticity of a document prepared by an administrative agency or a person entitled to perform public duties, the court may request verification of its authenticity by the agency or person who pursuant to the document has prepared the document.
(2) For authentication of a foreign public document, it suffices to have an apostille on the document pursuant to the provisions of the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents or have the document legalised by a competent consular official or envoy of the Republic of Estonia. A foreign public document which does not bear an apostille and has not been legalised is evaluated by the court according to its conscience. [RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 277. Contestation of authenticity of documents

(1) If a participant in the proceeding is able to prove that a submitted document has been falsified, the participant in the proceeding may contest the authenticity of the document and request that the court refuse to consider the document as evidence.
(2) The authenticity or falsification of a document may, among other, be proven by comparison of documents. If a document needed for comparison is in the possession of the opposing party or
a third person, submission of such document may be required on the same bases as submission of documentary evidence.
(3) Authenticity of an electronic document bearing a digital signature may be contested only by substantiating the circumstances which give reason to presume that the document has not been prepared by the holder of the digital signature. The above also applies to electronic documents prepared in any other secure manner enabling establishment of the person who prepared the document and the time it was prepared.
(4) The court may disregard, upon making the judgment, a document the authenticity of which is contested or exclude such document from among the evidence by a ruling. The court may order expert assessment or require submission of other evidence in order to clarify whether a document has been falsified.
(5) A document whose authenticity has been contested or whose contents may have been changed is kept in the file until the end of the proceeding unless, in the interest of public order or in order to prevent the loss of the document, such document needs to be transferred to another administrative agency. The court informs the Prosecutor's Office of any doubts regarding falsification of a document.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 278. Requiring submission of documents

If a person requests that the court require submission of a document by another person, the person shall describe such document and its content in the request and set out the reason why he or she believes the document to be in the possession of such person.

§ 279. Obligation to submit documents

(1) A person in possession of a document has the obligation to submit the document to the court at the court's request within the term set by the court.
(2) If a person is in the possession of information relevant to the adjudication of a matter, the person shall, on the demand of the court, prepare a document on the basis of the information and submit it to the court. A person may refuse to prepare a document for the same reason as he or she may refuse to submit a document.
(3) Upon requiring the submission of a document, the court also specifies the time, place and manner of submission of the document or requires the reasons for not submitting the document. The court may fine a person who fails to submit a document without good reason.

§ 280. Obligation to provide information in action related to intellectual property

(1) If an action is filed due to an infringement or danger of infringement of copyright and related rights or industrial property rights, the court may require at the reasoned request of the plaintiff that the defendant or another person provide written information concerning the origin and distribution channels of the goods or services infringing a right arising from intellectual property.
(2) The court may request, pursuant to the provisions of subsection (1) of this section, information from a person infringing the rights or from another person who:
1) is or has been in possession of the goods infringing the rights;
2) has used the services which infringe the rights;
3) has provided services used for any activities infringing the rights;
4) has participated, based on the information provided by the persons specified in clauses 1)–3)
of this subsection, in the production or distribution of such goods, or provision of such services.
(3) The information specified in subsection (1) of this section may include, among other, the following data:
1) the names and addresses of the producers, manufacturers or distributors of the goods or services, the names and addresses of the suppliers of the goods or services or the previous possessors of the goods or services, and the names and addresses of the persons who ordered the goods or services or the points of sale thereof;
2) the quantities of the goods which were manufactured, produced, distributed, received and the prices paid for the goods or services.
(4) The information specified in subsection (3) of this section shall not be used outside of the court proceeding in the course of which such information was requested.
(5) The provisions of subsections (1)–(4) of this section do not restrict the right of the court to hear the persons specified in subsection (2) of this section in the proceeding in the capacity of witnesses. The persons may refuse to submit information in the manner specified in subsection (1) of this section on the same grounds as they may refuse to give testimony as a witness. The court shall explain such right to the persons at the time of requesting the information.

§ 281. Refusal to submit document

(1) A state or local government agency or a public servant employed thereby shall not be required to submit a document concerning the content of which the public servant cannot be heard as a witness.
(2) Regardless of the demand of the court, a document need not be submitted:
1) by an advocate who has received the document in connection with the provision of a legal service;
2) if the document contains information concerning which the possessor of the document cannot be heard as a witness or with regard to which the possessor of the document has the right to refuse to give testimony as a witness;
3) by a person who has the right to refuse to submit the document due to another reason arising from law.
(3) A person other than a party may file objections arising from law to a requirement to submit documents, including objections based on substantive law. Objections shall be substantiated.
(4) If the person from whom submission of a document is required informs the court that the document is not in the possession thereof, the court may hear the person as a witness at the request of a participant in the proceeding in order to establish the whereabouts of the document. The above does not apply in case submission of the document is requested from a party.
(5) The court makes a ruling on the legality of the refusal to submit a document after having heard the participants in the proceeding. The ruling is subject to appeal by the participants in the proceeding and the person who was required to submit the document. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.

§ 282. Filing of action for requiring submission of document

(1) If a person files a substantiated and lawful objection to a requirement to submit a document, the person who requested the submission of the document may file an action against the person in possession of the document in order to require submission of the document on the basis of the
provisions of the Law of Obligations Act, another Act or a contract, and to request suspension of the proceedings in the main case until such action has been adjudicated. In such event the court sets the person requesting the document a term for requiring submission thereof.
(2) The opposing party may request continuation of the proceedings before the expiry of the term for submission of the document in the possession of another person if the action filed against the possessor of the document has been adjudicated or the person requesting the
document delays the proceeding in the filed action or complying with the decision whereby the action was satisfied.

§ 283. Failure by opposing party to submit document

(1) If the opposing party denies possession of a document, such party is heard under oath concerning the failure to submit the document. If the court is convinced that the opposing party is in possession of a document, the court makes a ruling whereby the opposing party is required to submit the document to the court.
(2) If the opposing party fails to perform the obligation to submit a document to the court or the court is convinced after hearing the opposing party that the party has not looked for the document carefully, the court may approve the transcript of the document submitted to the court by the person providing the evidence. If no transcript of the document has been presented, the court may deem the statements concerning the nature and content of the unsubmitted document made by the person who requested the evidence to be proven.

§ 284. Consequences of removal of document

If a party, in order to prevent the opposing party from relying on a document, removes a document or renders it unusable, the court may deem the statements of the opposing party concerning the nature, preparation and content of the document to be proven.

Chapter 30 PHYSICAL EVIDENCE

§ 285. Definition of physical evidence

Physical evidence means a thing the existence or characteristics of which may facilitate ascertainment of the facts relevant to the adjudication of a civil matter. A document with the above characteristics is also deemed to be physical evidence.

§ 286. Obligation to submit physical evidence

The provisions concerning submission of documents also apply to submission and requiring the submission of physical evidence unless otherwise provided by this Chapter.

§ 287. Storage of physical evidence

(1) Physical evidence is admitted into a matter by a ruling.
(2) Physical evidence is stored in the file or given to the physical evidence storage facility of the court. A notation thereof is made in the file.
(3) Physical evidence which cannot be delivered to the court is stored at its location or is deposited with a participant in the proceeding or third party who shall guarantee the preservation thereof.
(4) A court stores physical evidence such that the physical evidence and its evidential characteristics are preserved. If necessary, physical evidence is sealed.
(5) The procedure for registration, storage, transfer and destruction of physical evidence and for evaluation, transfer and destruction of highly perishable physical evidence by the court shall be established by the Government of the Republic.

§ 288. Inspection of physical evidence

(1) The court inspects physical evidence in a court session and submits the physical evidence to the participants in the proceeding and, if necessary, to experts and witnesses.
(2) Physical evidence stored at its location is inspected at its location. An expert or other qualified person may be asked to be present at the examination. The examination of physical evidence is recorded in the minutes of the court session.
(3) Highly perishable physical evidence or physical evidence the return of which the person submitting the physical evidence requests with good reason is inspected by the court promptly and returned to the person from whom it is obtained or to whom it belongs.
(4) Upon the inspection of the physical evidence specified in subsections (1)–(3) of this section, the physical evidence is described in detail. If necessary and possible, physical evidence is photographed or its relevant characteristics are recorded in some other manner. Minutes are taken of an inspection.
(5) The minutes concerning the inspection of physical evidence are made public in a court session. Thereafter the participants in the proceeding may give statements with regard to the physical evidence.

§ 289. Return of physical evidence

(1) After the entry into force of the court decision terminating the proceeding, physical evidence is returned to the person from whom it was obtained or to whom it belongs, or is given to the person whose right thereto has been recognised by the court, unless the court orders earlier
return.
(2) A thing which, pursuant to law, shall not be in the possession of a person, is delivered to a competent state agency.
(3) At the request of a person, physical evidence obtained from the person may also be returned to the person before the entry into force of the court decision after the evidence is inspected and examined.

Chapter 31 INSPECTION

§ 290. Definition of inspection

Inspection means any direct collection by the court of data concerning the existence or nature of a circumstance, including the inspection of an area or the scene of an event.

§ 291. Organisation of inspection

(1) In order to organise inspection, the court makes a ruling which sets out the object of the inspection and the time and place of organising the inspection. One or several experts may be invited to be present at an inspection by a ruling. The court may also organise an inspection at its own initiative.
(2) The court which conducts proceedings in a matter may assign the right to perform an inspection, including the right to appoint the experts to be invited to be present at the inspection, to a judge acting on the basis of an order or a court acting based on a letter of request.
(3) The participants in the proceeding are informed of organising an inspection but their absence does not prevent the conduct of the inspection.
(4) The participants in the proceeding taking part in an inspection may draw the court's attention to circumstances relevant to the completeness of the inspection and to the matter being heard.
(5) In the course of an inspection, an object, area or the scene of an event is described in detail and, if necessary and possible, its relevant characteristics are photographed or recorded in some other manner. Minutes are taken of the course of an inspection and the notices made by the participants in the proceeding are entered in the minutes.

§ 292. Obligation to enable inspection

(1) The court may impose an obligation to enable inspection to a participant in the proceeding or another person and set the person a term for such purpose. Other persons may refuse to enable inspection on the same grounds as the possessor of a document may refuse to submit the document at the demand of the court.
(2) The court has the right to impose a fine on a person who refuses to enable inspection without good reason.

Chapter 32 EXPERT OPINION

§ 293. Organisation of expert assessment and opinion of person with specific expertise

(1) In order to clarify circumstances relevant to a matter which require specific expertise, the court has the right to obtain the opinion of experts at the request of a participant in the proceeding. In order to ascertain the law in force outside the Republic of Estonia, international
law or common law, the court may ask the opinion of an expert in legal matters at the request of a participant in the proceeding or at the initiative of the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) The provisions concerning hearing of witnesses apply to hearing persons with specific expertise with the aim to prove a circumstance or event which requires specific expertise in order to be correctly interpreted. If a participant in the proceeding has submitted the written opinion of a person with specific expertise to the court and the person is not heard as a witness, such
opinion is evaluated as documentary evidence.
(3) Instead of ordering an expert assessment, the court may use an expert opinion submitted at the order of the court in an another court proceeding or an expert opinion prepared at the order of the body conducting proceedings in criminal or misdemeanour proceedings if this simplifies the proceeding and the court is presumed to be able to evaluate the expert opinion to a necessary extent without organising a new expert assessment. In such case, the expert may be posed additional questions or summoned to court for questioning.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 294. Appointment of expert

(1) An expert assessment is conducted by a forensic expert or another qualified person employed by a state forensic institution, an officially certified expert or another person with specific expertise appointed by the court. The court may appoint a person as an expert if the person has the knowledge and experience necessary to provide an opinion. The court considers the opinions of the parties in the appointment of an expert.
(2) If an officially certified expert is available for conducting an expert assessment, other persons are appointed as experts only with good reason.
(3) The court may demand that the parties name the persons suitable to conduct an expert assessment.
(4) If the parties agree on an expert, the court appoints such person as expert if he or she may act in the capacity of an expert pursuant to law.
(5) The court may appoint additional experts or substitute appointed experts.
(6) The court may also appoint a forensic institution or another person conducting expert assessments as expert and leave the decision on appointment of a specific expert to the institution or person.

§ 295. Obligation to conduct expert assessment

(1) A person appointed as expert is required to conduct an expert assessment if he or she is a forensic expert, is officially certified for the conduct of the required expert assessments or if he
or she conducts professional or economic activities in the field, the knowledge in which is a prerequisite for conducting the expert assessment.
(2) A person who has offered the court his or her services in the conduct of an expert assessment in a matter is also required to conduct the expert assessment.
(3) The consent of an expert need not be obtained for the conduct of an expert assessment.

§ 296. Right to refuse to conduct expert assessment

(1) An expert may refuse to conduct an expert assessment due to the same reasons as a witness
is entitled to refuse to give testimony. The court may also release an expert from the obligation to conduct an expert assessment due to other reasons.
(2) A person who participated in the making of a previous decision in the matter, including in an arbitral tribunal or pre-trial proceedings, shall not be appointed as expert unless such person participated in the proceeding as an expert or witness.
(3) A person appointed as expert may also refuse to conduct an expert assessment in other cases provided by law or for good reason.

§ 297. Conduct of expert assessment

(1) If the presence of the participants in a proceeding upon the conduct of an expert assessment is necessary and possible, the court indicates so in the ruling on the expert assessment. In such case, absence of the participants in the proceeding does not prevent the conduct of the expert assessment if the expert finds that he or she is able to provide an opinion without the presence of the participants in the proceeding.
(2) The court may give orders concerning an expert assessment.
(3) If the circumstances which constitute the cause of an action are disputable, the court determines the circumstances which the expert takes a basis in providing an opinion.
(4) If necessary, the court determines to which extent an expert has the right to examine a circumstance which needs to be proven, whether the expert is permitted to contact the participants in the proceeding and whether and at what time the expert must allow the participants in the proceeding to participate in the expert assessment.
(5) The participants in the proceeding shall be informed of the orders given to an expert.

§ 298. Questions to expert and requests and objections of participants in proceeding related to expert assessment

(1) A participant in a proceeding has the right to pose questions to an expert through the court. The court determines the questions for which an expert opinion is requested. The court reasons
the rejection of a question of a participant in a proceeding. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) If necessary, the court hears the opinion of an expert concerning the expert assessment before posing questions to him or her and, if the expert so desires, explains the circumstances related to his or her duties to him or her.
(3) The participants in a proceeding shall submit any objections concerning the conduct of an expert assessment, any requests concerning the conduct of an expert assessment and any additional questions related to an expert assessment to the court within a reasonable time. The court may set them a term for such purpose. The court shall take account of any objections, requests or questions submitted after the expiry of such term only if this does not delay the adjudication of the matter in the opinion of the court or if the participant in the proceeding had good reason for the delay and he or she has substantiated it adequately.

§ 299. Requiring delivery of thing for expert assessment

(1) The court may impose an obligation on a participant in a proceeding or another person to deliver a thing for an expert assessment or to allow the conduct of an expert assessment, and to set the person a term for such purpose. A person other than a participant in a proceeding has the right to refuse to deliver a thing on the same grounds as he or she may refuse to submit a document, and may refuse to tolerate expert assessment on the same grounds as a witness may refuse to give testimony.
(2) The court may fine a person who, without good reason, refuses to deliver a thing or organise an expert assessment.

§ 300. Expert assessment for establishment of filiation

(1) A person shall tolerate expert assessment conducted for the establishment of filiation and, above all, the taking of blood samples for blood-grouping and genetic analysis if establishment of filiation is possible based on recognised principles and methods of science and the examination is not likely to cause health damage to the person examined and his or her close relatives.
(2) If a person refuses to undergo expert assessment for establishment of filiation, the court has the right to order mandatory conduct of the expert assessment. If a person repeatedly and without good reason refuses examination, the expert assessment may be conducted by way of
compulsory enforcement based on a court ruling, involving the police as necessary.
(3) The ruling specified in subsection (2) of this section is subject to appeal. Filing of an appeal against the ruling suspends the enforcement of the ruling.

§ 301. Expert opinion

(1) An expert submits an expert opinion to the court in writing unless the court orders oral provision of opinion or with the expert's consent, in another form. An expert opinion shall contain a detailed description of examinations, conclusions reached as a result of examinations and reasoned answers to the questions of the court.
(2) If a court appoints several experts and the experts reach a common opinion, they may prepare a joint opinion. If the experts fail to reach a common opinion, they submit separate expert opinions.
(3) If, during an expert assessment, an expert ascertains facts concerning which no questions have been posed to him or her but which are relevant to the matter, he or she may also provide an opinion on such facts.

§ 302. Obligations and rights of expert

(1) An expert shall provide a correct and reasoned opinion on the questions posed to him or her. (2) In order to provide an expert opinion, an expert may examine the records of the matter to the
extent necessary, participate in the examination of evidence in court and request reference
materials and additional information from the court.
(3) An expert has no right to assign the conduct of an expert assessment to another person. If an expert uses the assistance of another person, he or she shall disclose the name of such person and the extent of the assistance to the court unless the assistance is of minor importance.
(4) An expert refuses to provide an expert opinion if the information submitted to him or her is incomplete or if the expert assignments set out in the ruling on the expert assessment are outside his or her specific expertise or if answering to the questions does not require expert examinations or conclusions based on specific expertise. An expert verifies without delay whether the expert assignment is related to his or her speciality or specific expertise and whether fulfilling the assignment is possible without involving additional experts, and shall inform the court immediately of his or her refusal or any doubts.
(5) If an expert has doubts concerning the content or extent of the assignment given to him or her, the expert addresses the court immediately for clarification. An expert informs the court without delay if it becomes evident that the costs of expert assessment are likely to exceed the value of the civil matter or are significantly higher than the advance payment made for covering the costs of expert assessment.
(6) An expert has the obligation to maintain the confidentiality of the facts which have become known to him or her in the course of the expert assessment. Such facts may be disclosed only with the permission of the court unless otherwise prescribed by law.

§ 303. Hearing and cautioning of experts

(1) An expert opinion is disclosed in a court session.
(2) Unless an expert opinion is submitted in writing or in a format which can be reproduced in writing, the expert provides the expert opinion in a court session. The court may summon an expert who submitted an expert opinion in writing or in a format which can be reproduced in writing to a court session for questioning. The court summons an expert who provided an expert opinion to a court session if so requested by a party.
(3) After examining an expert opinion, the participants in a proceeding may pose questions to the expert in a court session in order to clarify the opinion provided that the expert has been summoned to court. The questions may also be submitted to the court beforehand and the court forwards them to the expert. The court excludes the questions which are irrelevant and beyond the competence of the expert.
(4) An expert shall appear in court when summoned and shall provide a correct and reasoned opinion on the questions posed to him or her.
(5) The provisions concerning the hearing of witnesses also apply to the hearing of experts unless otherwise prescribed by this Chapter. An expert who is not a forensic expert or an officially certified expert is cautioned, before he or she submits the expert opinion, against knowingly providing an incorrect expert opinion, and the expert confirms this by signing the court minutes or the text of the caution. The signed caution is sent to the court together with the expert opinion.

§ 304. Reassessment and further expert assessment

(1) If an expert opinion is ambiguous, contradictory or insufficient and cannot be corrected by additional questions, the court has the right to order a reassessment. A reassessment is assigned to the same expert or another expert.
(2) In the case of removal of an expert, the court assigns the reassessment to another expert. (3) If an expert fails to provide an answer to a question relevant to the matter and the expert is
unable to answer such question in a court session, the court has the right to order further expert assessment. Further expert assessment may be assigned to the same expert or another expert.

§ 305. Liability of expert

(1) The court may, by a ruling, fine an expert and demand compensation of the procedural expenses by the expert if the expert, without good reason:
1) fails to appear in a court session when summoned by the court;
2) refuses to give a signature about being cautioned of his or her liability;
3) refuses to provide an opinion;
4) fails to submit an opinion by the due date set by the court;
5) refuses, without good reason, to answer the questions posed to him or her;
6) refuses to submit materials related to the expert assessment.
(2) An appeal may be filed by an expert against a ruling specified in subsection (1) of this section.

Part 6 SERVICE OF PROCEDURAL DOCUMENTS Chapter 33 GENERAL PROVISIONS

§ 306. Definition of service of procedural documents

(1) Service of a procedural document means delivery of a document to its recipient in a manner which enables the recipient to examine the document in time in order to exercise and protect the rights thereof. The recipient is a participant in a proceeding or another person to whom the procedural document is addressed.
(2) Upon service of a procedural document, the act of delivery must conform to the formal requirements provided by law and be documented in the format prescribed for such purpose.
(3) The court arranges for the service of procedural documents through a person providing
postal services as its economic activity, a bailiff, a court security guard or, in conformity with the internal rules of the court, another competent court official or in another manner specified by
law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) In order to serve a procedural document, the court has the right to demand that the chief processor or an authorised processor of a state or local government database, a previous or current employer of the person, a credit institution, an insurance company or another person or institution provide information concerning the residence of a participant in a proceeding or a legal representative of a participant in a proceeding who is a legal person or a witness and other contact information. The chief processor or authorised processor of a database or such other person or institution is required to provide the information without delay and free of charge on paper or electronically. Upon existence of technical means, the court must be provided with an opportunity to check the necessary information from the database of the person or institution independently.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) The court shall serve the statement of claim, appeal and supplements thereto, summonses as well as the court judgment and a ruling on termination of the proceeding in a matter and any other procedural documents specified by law on the participants in a proceeding.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 307. Deeming of procedural documents to be served

(1) A procedural document is deemed to be served as of the time the document or a certified transcript or printout thereof is delivered to the recipient, unless otherwise prescribed by law.
(2) Transcripts of procedural documents specified in subsection (1) of this section may be certified by competent court officials in conformity with the internal rules of the court or advocates. Transcripts of appendices to procedural documents and transcripts of procedural documents submitted or delivered to the court by the participants in a proceeding need not be certified.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) If a document reached a participant in a proceeding on whom the document had to be served or on whom the document could be delivered pursuant to law but there was no possibility to certify the delivery, or if the procedure for service provided by law was violated, the document is deemed to be served on the participant in the proceeding as of the time the document actually reached the recipient.
(4) The dispatch of a procedural document for service shall be entered in the court file.

§ 308. [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 309. Time and place of service of procedural document

A procedural document may be served on a person on any day of the week, at any time and in any place where the person stays.

§ 310. Transmission of procedural documents without service on participants in proceeding

(1) A procedural document which need not be served on a participant in a proceeding pursuant to the procedure provided for in this Part but which concerns the rights of the participant in the proceeding is transmitted to the participant in the proceeding in a manner chosen by the court.
(2) If a procedural document specified in subsection (1) of this section is sent by post, the document is deemed to have been received three days after the posting, and in the case of sending a document to a foreign state, the document is deemed to have been received fourteen
days after the posting, unless the participant in the proceeding substantiates to the court that he or she received the document later or did not receive the document. The court may set a longer term for deeming a document to be received.

Chapter 34 MANNERS OF SERVICE OF PROCEDURAL DOCUMENTS

§ 311. Service of procedural documents in court premises

A procedural document may be served on the recipient in the court premises provided that the time of issue is specified in the file and the recipient gives a signature about receipt of the document. Service of a document in a court session is indicated in the minutes of the session.

§ 3111. Electronic service of procedural documents

(1) A court may serve procedural documents electronically through the designated information system by transmitting a notice on making the document available in the system:
1) to the e-mail address and phone number notified to the court;
2) to the e-mail address and phone number registered in the information system of a register maintained in Estonia concerning sole proprietors or legal persons;
3) to the e-mail address and phone number of the addressee and his or her legal representative entered in the population register;
4) to the e-mail address and phone number of the addressee and his or her legal representative in the database of another state register where the court can check information independently by making an electronic query;
5) upon the existence of Estonian personal identification code, to the e-mail address personal- identification-code@eesti.ee.
(2) The court may also send a notice on making the document available to the phone number or e-mail address found in the public computer network, on the presumed user account page of a virtual social network or on a page of another virtual communication environment which the addressee may be presumed to use according to the information made available in the public computer network or where, upon sending, such information may be presumed to reach the addressee. If possible, the court makes the notice available on the presumed user account page of a virtual social network or on a page of another virtual communication environment in such a manner that the notice cannot be seen by any other persons than the addressee.
(3) A procedural document is deemed to be served when the recipient opens it in the information system or confirms the receipt thereof in the information system without opening the document and also if the same is done by another person, whom the recipient has granted access to see the documents in the information system. The information system registers the service of the document automatically.
(4) If a recipient cannot be expected to be able to use the information system used for the service of procedural documents or if service through the information system is technically impossible, the court may also service procedural documents on the recipient electronically in another manner, complying with the requirements for notification provided in clauses 1)–5) of subsection (1) of this section and the requirement for search of information.
(5) A procedural document is deemed to be served on the recipient pursuant to the procedure provided in subsection (4) of this section when the recipient confirms the receipt of the
procedural document in writing, by fax or electronically. The confirmation shall set out the date of receipt of the document and bear the signature of the recipient or representative thereof. A confirmation prepared in electronic form shall bear the digital signature of the sender or be transmitted in another secure manner which enables identification of the sender and establishment of the time of sending, unless the court has no reason to doubt that the confirmation without a digital signature has been sent by the recipient or representative thereof. A confirmation prepared in electronic form may be sent to the court by e-mail if the e-mail address of the recipient is known to the court and it can be presumed that unauthorised persons
have no access to it and also if the court has already transmitted documents to this e-mail address in the course of the same case or if the participant in the proceeding has provided his or her e- mail address to the court independently. The recipient shall send the confirmation specified in
this subsection to the court without delay. The court may fine a participant in a proceeding or representative thereof who has violated this obligation.
(6) Procedural documents may be served on advocates, notaries, bailiffs, trustees in bankruptcy and state or local government agencies in any other manner than electronically through the designated information system only with good reason.
(7) The court makes all procedural documents, including court decisions, immediately available to the participants in the proceeding in the designated information system, regardless of the manner of service thereof on the participants in the proceeding.
(8) More detailed requirements on the electronic service of documents and making them available through the information system may be established by a regulation of the Minister of Justice.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 312. Service of procedural documents through postal service provider

(1) A procedural document may be served on the recipient through a person providing postal services as an economic activity by sending a registered letter with a delivery notice or an unregistered letter.
(2) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 313. Service of procedural documents by registered letter

(1) Service of a document sent by registered letter is certified by the delivery notice which must be returned to the court without delay.
(2) A procedural document which is served may be handed over to a person who is not the recipient only in the cases provided by this Part. Such person shall hand over the document to the recipient at the earliest opportunity. He or she may refuse to accept the document for delivery thereof to the recipient only if he or she substantiates that he or she is unable to deliver the document to the recipient. The obligation to deliver the document shall be explained to the person. The document is deemed to be served regardless of whether or not such explanation is
given.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) A delivery notice shall set out the following information:
1) the time and place of service of document;
2) the name of the person on whom the document had to be served;
3) if the document was served on a person who is not the recipient, the name of the person to whom the document was handed over and the reason why the document was handed over to such person;
4) the manner of service;
5) in the case of refusal to receive the document, a notice to such effect and information on where the document was left;
6) the name, position and signature of the person who served the document;
7) the name and signature of the person who received the document and information concerning identification of the person and, above all, identity document number, and the date of receipt of the document unless, due to a reason specified by law, the document was actually not delivered. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) The Minister of Justice may establish the format for a delivery notice.
(5) A delivery notice which does not meet the format requirements provided in subsections (3) and (4) of this section may be deemed adequate for the purpose of service if service is still reliably documented in the delivery notice.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(6) If a court cannot deem a procedural document served due to the fact that the provider of postal services failed to use all the options provided for in this Act upon service of the procedural document by registered letter, delivered the procedural document to the person to whom its delivery was not permitted pursuant to the provisions of this Part, failed to comply with the provisions of §§ 326 and 327 of this Code or failed to document the service in such manner that service could be deemed effected, the court may give the procedural document to the provider of postal services for a new service, without paying any additional fee therefor.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 314. Service of procedural documents by unregistered letter or fax

(1) A procedural document may be served by sending an unregistered letter or fax provided that a notice concerning the obligation of immediate return of the confirmation of receipt is annexed to the letter or fax, and the names and addresses of the sender and the recipient, and the name of the court official who sent the document are indicated in the letter or fax.
(2) The official who sends a document by unregistered letter or fax indicates in the file where and when the document was sent for the purpose of its service.
(3) A document sent by unregistered letter or fax is deemed to have been served if the recipient sends the court a confirmation on the receipt of the document by letter or fax or electronically, as
chosen by the recipient. The confirmation shall set out the date of receipt of the document and bear the signature of the recipient of the document or representative thereof.
(4) If a procedural document is delivered by unregistered letter or fax, the recipient must send the confirmation specified in subsection (3) of this section to the court without delay. The court may fine a participant in a proceeding or representative thereof who has violated this obligation. [RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 315. Service of procedural documents through bailiff, court official, another person or institution

(1) A procedural document may also be served through a bailiff, court security guard or, in conformity with the internal rules of the court, another competent court official or police authority or another state agency or local government or its agency, likewise through another person to whom the court assigns the duty of service upon agreement. A participant in a proceeding who has submitted a document which is subject to service or in whose interests another procedural document is subject to service may apply to the court for service of the document through a bailiff.
(11) In expedited procedure in a matter of payment order and in actions, a procedural document may be served through a bailiff only pursuant to the procedure provided in § 3151 of this Code. In actions pertaining to the interests of a child or another natural person requiring special protection in the proceeding, likewise in expedited procedure in a matter of payment order in a claim for support for a child, a procedural document may also be served through a bailiff pursuant to the procedure provided for in this section.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(2) The court hands over a procedural document to a police authority or another state agency or local government or its agency for service only if other options for service, except public service, have not yielded any results or are not likely to yield a result and, above all, if service in the
same or another matter through a provider of postal services has lately failed. Violation of this requirement does not affect the validity of the service.
(3) In order to serve a procedural document, the court transmits the document subject to service to the person or institution specified in subsection (1) of this section and provides it with information at its disposal concerning earlier attempts of service and any known contact information concerning the person. A notation is made in the file concerning when and to whom the document was handed over for service.
(4) The manner of service is chosen independently by the person or institution specified in subsection (1) of this section from among the manners provided in this Part unless such instructions are given by the court. They shall not organise public service.
(5) A delivery notice is prepared concerning service which shall set out the data specified in subsection 313 (3) of this Code. After service, the delivery notice is returned to the court without delay. The Minister of Justice may establish the format for a delivery notice.
(6) A delivery notice which does not meet the format requirements provided in subsection (5) of this section may be deemed adequate for the purpose of service if service is still reliably documented.
(7) A procedural document which is served may be handed over to a person who is not the recipient only in the cases provided by this Part. Such person shall hand over the document to the recipient at the earliest opportunity. He or she may refuse to accept the document for delivery thereof to the recipient only if he or she substantiates that he or she is unable to deliver the document to the recipient. The obligation to deliver the document shall be explained to the person. The document is deemed to be served regardless of whether or not such explanation is given.
(8) If a court cannot deem a procedural document served due to the fact that the person or institution specified in subsection (1) of this section failed to comply with the instructions of the court upon service of the procedural document or failed to use for this purpose all the options provided for in this Act, delivered the procedural document to the person to whom its delivery was not permitted pursuant to the provisions of this Part, failed to comply with the provisions of
§§ 326 and 327 of this Code or failed to document the service in such manner that service could be deemed effected, the court may hand over the procedural document for a new service.
(9) A court may grant the person or institution specified in subsection (1) of this section a term of up to 60 days, during which the procedural document must be served or, upon failure to serve, a report on the causes of the failure of service must be submitted to the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 3151. Service of procedural documents arranged by participant in proceeding

(1) A participant in a proceeding who has submitted a document which is subject to service or in whose interests another procedural document is subject to service may apply to the court for arranging the service of the document independently. A participant in a proceeding may serve procedural documents only through a bailiff.
(2) In the case specified in subsection (1) of this section the court sets a term for service of the procedural document during which the participant in the proceeding arranging the service shall notify the court about the results of the service.
(3) In order to serve a procedural document, the court delivers the procedural document subject to service to the participant in the proceeding arranging the service in an envelope sealed by the court and likewise a delivery report form subject to be returned to the court and explains to him or her the consequences of knowingly submitting incorrect information to the court.
(4) The procedure provided for in subsections 315 (4)–(7) of this Code applies to the service of procedural documents through a bailiff and documentation thereof.
(5) If the plaintiff or the petitioner in the expedited procedure in a matter of payment order fails to notify the court about the results of the service within the term set on the basis of subsection
(2) of this section, the hearing of the petition is refused. [RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 316. Service of procedural documents in foreign states and on extra-territorial citizens of

Republic of Estonia

(1) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) A procedural document may also be served in a foreign state pursuant to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters or another international agreement.
(3) A procedural document may also be served in a foreign state by sending a registered letter with a delivery notice which need not comply with the format requirements provided for in this Code. Return of the delivery notice is sufficient to certify service. A procedural document may also be served in a foreign state pursuant to the procedure provided in § 314 of this Code.
(4) The court may also serve a procedural document in a foreign state through a competent administrative agency of the foreign state or through a competent consular official or envoy representing the Republic of Estonia in such state.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) Service of procedural documents on citizens of the Republic of Estonia living in a foreign state who are extra-territorial persons and belong to the staff of a foreign mission of the Republic of Estonia may also be organised through the Ministry of Foreign Affairs of the Republic of Estonia.
(6) A request for service of a procedural document on a person specified in subsection (4) or (5)
of this section is submitted by the court hearing the matter. Service of the document is certified
by a written confirmation to such effect issued by the administrative agency or official who acted as intermediary upon service of the document.
(7) If a procedural document needs to be translated in order to serve it in a foreign state, the court may demand that the participant in the proceeding, due to whom or in whose interests the procedural document needs to be served, submit such translation or cover the translation costs. If the participant in the proceeding fails to do it, the court may refuse to serve the procedural document.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 3161. Implementation of Regulation (EC) No 1393/2007 of the European Parliament and of the Council

(1) The provisions of this Code apply to the service of procedural documents in another Member State of the European Union unless otherwise provided by Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and
extrajudicial documents in civil or commercial matters (service of documents), and repealing
Council Regulation (EC) No 1348/2000 (OJ L 324, 10.12.2007, pp. 79–120).
(2) On the basis of Article 2(1) of the regulation specified in subsection (1) of this section, the agencies transmitting judicial documents are county courts of Estonia which conduct proceedings in the matter in which the document is to be served and the agency transmitting extrajudicial documents is the Ministry of Justice. On the basis of Article 2(2) of the regulation specified in subsection (1) of this section, the agency receiving judicial and extrajudicial documents is the county court in the territorial jurisdiction of which the document is to be served.
(3) On the basis of Article 3 of the regulation specified in subsection (1) of this section, the
Ministry of Justice has the responsibilities of the central body.
(4) On the basis of Articles 4(3) and 10(2) of the regulation specified in subsection (1) of this section, the standard forms completed either in Estonian or English are accepted in Estonia.
(5) On the basis of the regulation specified in subsection (1) of this section, documents are served in Estonia pursuant to the procedure prescribed for the service of procedural documents provided for in the Code of Civil Procedure. Documents shall not be served by public announcement.
(6) In conformity with Article 13(2) of the regulation specified in subsection (1) of this section, documents may be served in Estonia through diplomatic or consular agents of another Member State in Estonia only if documents are to be served on a national of the Member State in which the documents originate.
(7) The service of documents in the manner specified in Article 15 of the regulation specified in subsection (1) of this section is not permitted in Estonia.
(8) An Estonian court may adjudicate a matter under the conditions provided in Article 19(2) of the regulation specified in subsection (1) of this section even if there is no certificate concerning the service of the procedural document on the defendant. In conformity with the third sentence of Article 19(4) of the regulation specified in subsection (1) of this section, an application for relief may be filed with the court within one year after making a court decision whereby the
proceeding in the matter is terminated.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 317. Public service of procedural documents

(1) Based on a court ruling, a participant in a proceeding may be served a procedural document by public announcement if:
1) the address of the participant in the proceeding is not entered in the register or the person does not live at the address entered in the register and the court has otherwise no knowledge of the address or place of stay of the person, and the document cannot be delivered to a representative of the person or a person authorised to receive the document or in any other
manner provided for in this Part;
[RT I 2006, 61, 457 - entry into force 01.01.2007]
2) service of the document in a foreign state in conformity with the requirements is presumed to be impossible;
3) the document cannot be served because the place of service is the dwelling of an extra- territorial person.
(11) Notwithstanding the provisions of subsection (1) of this section, a procedural document may be served by public announcement on a participant in a proceeding which is a legal person based on a court ruling if electronic service and service by a registered letter to the postal address entered in the register maintained about legal persons have yielded no results. If a legal person
has submitted the Estonian address of the person provided for in subsection 631 (1) of the Commercial Code to the registrar, an attempt shall also be made to serve the document to such address before public service of the procedural document.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(12) Regardless of the provisions of subsection (1) of this section, upon change of an expedited procedure in a matter of payment order into an action, a statement of claim may be served by public announcement on the basis of a court ruling in conformity with the provisions of clause
486 (1) 2) of this Code if the court which has prepared the proposal for payment has fulfilled the prerequisites for public service provided for in clause (1) 1) of this section upon service of the proposal for payment on the debtor.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(2) The court may demand that a participant in the proceeding who requests the public service of a procedural document submit a confirmation by a police authority, rural municipality or city government that such authority has no knowledge of the whereabouts of the recipient, or other proof on the circumstances specified in subsection (1) of this section. A police authority, rural municipality or city government shall provide the participant in the proceeding with such confirmation at his or her request. If necessary, the court also makes inquiries independently for establishment of the address of the recipient.
(3) An excerpt from a document subject to public service is published in the publication Ametlikud Teadaanded. The court hearing the matter may make a ruling on allowing publication of the excerpt also in other publications.
[RT I 2006, 55, 412 - entry into force 01.01.2007]
(4) The excerpt specified in subsection (3) of this section shall set out:
1) the court hearing the matter, the party to the proceeding and the object of the proceeding; [RT I 2008, 59, 330 - entry into force 01.01.2009]
2) the petition contained in the document to be served;
3) in the case of service of a decision, the conclusion thereof;
4) in the case of service of a summons, the purpose of summoning to court and the time for appearance;
5) in the case an action is served, a proposal to respond to the action, the contents of the proposal and the requisite explanation.
(5) A document is deemed to be served by public announcement when 15 days have passed from the date of publishing the excerpt in the publication Ametlikud Teadaanded. The court hearing the matter may set a longer term for deeming a document to be served. In such case the term is published together with the public service of the document.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(6) A court may refuse to serve a procedural document by public announcement if there are probably intentions to have the decision to be made in the proceeding recognised or enforced in a foreign state and it is probable that the decision would not be recognised or enforced due to the public service. (4) A ruling on refusal to refuse public service is subject to appeal. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 35 SERVICE OF PROCEDURAL DOCUMENT ON REPRESENTATIVE OF RECIPIENT

§ 318. Service of procedural document on legal representative of recipient

(1) A procedural document is deemed to be served on a recipient with restricted active legal capacity if the document is served on the legal representative of the recipient.
(2) In the case of a legal person or administrative agency, a procedural document is served on
the legal representative of the legal person or administrative agency unless otherwise provided in this Code.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(3) If a person specified in subsection (2) of this section has several legal representatives, the document need to be served on only one of them.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 319. Service of procedural document on authorised person

(1) A procedural document is deemed to be served on the recipient if the document is served on a person duly authorised by the recipient. A procurator of the recipient of a document, a person who holds general authorisation by the recipient and a person who usually receives documents on behalf of the recipient are presumed to have the right to receive procedural documents.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) A procedural document is also deemed to be served on a sole proprietor, a legal person in private law and a branch of a foreign company if the document is served on the person authorised to receive procedural documents entered in the commercial register or the non-profit associations and foundations register.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 320. Obligation of participant in proceeding to appoint representative for receipt of procedural documents

(1) If a procedural document is served through a competent authority of a foreign state, a competent consular official or envoy representing the Republic of Estonia in a foreign state or the Republic of Estonia Ministry of Foreign Affairs, the court may demand that the recipient of the document appoint a person residing or staying in Estonia who is authorised to receive procedural documents unless the recipient has appointed a representative for the proceeding. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) The court may require a participant in a proceeding by a ruling to appoint a person authorised to receive procedural documents also in other cases where service of documents is likely to be unreasonably inconvenient.
(3) If a participant in a proceeding who is required to appoint a person authorised to receive procedural documents fails to do so, procedural documents are served on the participant in the proceeding by unregistered letter at the address thereof until the time the participant in the proceeding appoints such person.
(4) In the case specified in subsection (3) of this section, the document is deemed to have been served after 15 days have passed from posting even if the parcel is returned. The court may set a longer term for deeming a document to be served.
(5) In the case of serving a document by post as specified in subsection (3) of this section, the time of posting and the address at which the document was posted shall be indicated in the file.

§ 321. Service of procedural document on representative in court proceeding

(1) If a participant in a proceeding is represented by a representative in a court proceeding, the documents in the matter in which the proceedings are conducted are served on and other notices are sent only to the representative unless the court deems it necessary to send them personally to the participant in the proceeding. If there are several representatives, the document need to be served on only one of them.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) An appeal against a court decision is served on the representative who represented the participant in the proceeding in the court instance which made the decision against which the appeal is filed. If a party has already appointed a representative for a higher instance of court which is to hear the appeal, the appeal may also be served on such representative.
(3) A procedural document is also deemed to be served on an advocate representing a participant in a proceeding by placing the procedural document in a post box assigned to the advocate in the court premises and agreed upon with the advocate in advance.

Chapter 36 SERVICE IN SPECIAL CASES

§ 322. Service of procedural document in dwelling or place of stay and on recipient's employer, lessor or building manager

(1) If the recipient of a procedural document cannot be reached in his or her dwelling, the document is also deemed to be served on the recipient if the document is delivered to a person of at least fourteen years of age who resides in the dwelling of the recipient or serves the family thereof.
(2) Instead of serving a procedural document on the recipient, it may be served on the apartment association managing the apartment building, where the recipient's dwelling or business premises are located, the administrator of the object of common ownership or the lessor of the recipient, likewise on the recipient's employer or another person to whom the recipient provides services under a contract.
(3) A procedural document is deemed to be served on the recipient even if it is served on the representative of the recipient in the manner specified in subsections (1) and (2) of this section.
(4) A document is also deemed to be served on a person serving in the defence forces, serving a sentence in prison or staying in a health care institution or other such place for a longer period of time upon delivery of the document to the head of such institution or a person appointed thereby, unless otherwise prescribed by law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 323. Service of procedural document in business premises

(1) A document is also deemed to be served on a natural person engaging in economic or professional activity if the document is delivered to a person usually staying in the business premises of the recipient or to a person usually providing services to the recipient on similar contractual basis if the natural person does not stay in the business premises during regular working hours or is unable to receive the document.
(2) The provisions of subsection (1) of this section also apply to service of documents on legal persons, administrative agencies, notaries and bailiffs, likewise in the case of service of a document on a representative of the recipient or another person on whom the document can be served instead of the recipient.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 324. Restrictions on service of procedural document

In the cases specified in §§ 322 and 323 of this Code, a document is not deemed to be served if, instead of the recipient, the document is served on a person who participates in the proceeding as the recipient's opposing party.

§ 325. Refusal to accept procedural document

If a person refuses to accept a document without good reason, the document is deemed to be served on the person as of the refusal to accept the document. In such case the document is left in the dwelling or business premises of the recipient or placed in the post box of the recipient. In
the absence of such premises or post box, the document is returned to the court.

§ 326. Service of procedural document by placement in post box

(1) A procedural document which cannot be served because it cannot be delivered in the
dwelling or business premises of the recipient or representative thereof is deemed to be served by placing the document in the post box which belongs to the dwelling or business premises or in another such place which the recipient or representative thereof uses to receive mail and which usually ensures the preservation of the parcel. A procedural document may be served on a person specified in subsection 322 (2) of this Code only if service on the recipient or representative thereof in person is impossible.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) Service in the manner described in subsection (1) of this section is permitted only in case an effort to deliver the procedural document personally to the person has been made at least on two occasions at least three days apart at significantly different hours and service of the procedural document on another person staying in the dwelling or business premises in conformity with subsection 322 (1) or § 323 of this Act is impossible.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) In the case specified in subsection (1) of this section, the date of service is entered on the envelope of the served parcel.

§ 327. Service of procedural document by depositing

(1) On the conditions provided in § 326 of this Code, a document may also be deposited with the post office, rural municipality or city government of the location of the place of service of the document or with the office of the county court within the territorial jurisdiction of which the place of service of the document is located.
(2) A written notice concerning depositing is left or sent at the address of the recipient and if this is impossible, the notice is attached to the door of the dwelling, business premises or place of
stay of the recipient or issued to a person residing in the neighbourhood for forwarding it to the recipient. The notice shall clearly state that the document deposited has been sent by the court and that as of the time of depositing, the document is deemed to be served and terms in the proceeding may begin to run as of such time.
(3) A document is deemed to be served when three days have passed from the forwarding or leaving of the written notice specified in subsection (2) of this section. The date of service is entered on the envelope of the document.
(4) A document delivered for service is returned to the sender within 15 days after the date on which the document is deemed to be delivered unless the court has set a longer term for this purpose.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Part 7 PETITIONS AND APPLICATIONS OF PARTICIPANTS IN PROCEEDING Chapter 37 GENERAL PROVISIONS

§ 328. Correctness of petitions and guarantee of response to petitions

(1) Petitions by the participants in a proceeding concerning the factual circumstances related to a matter shall be correct.
(2) The court grants a party an opportunity to respond to the applications and factual allegations of the opposing party unless otherwise provided by law.

§ 329. Timely filing of petitions

(1) The participants in a proceeding shall file their petitions, applications, evidence and objections in a proceeding as early as possible depending on the stage of the proceeding and the need for the expeditious and just adjudication of the matter. New petitions, applications, evidence and objections may be filed after the end of pre-trial proceedings only if earlier filing thereof was impossible for a good reason.
(2) If a matter is adjudicated in a court session, the participants in the proceeding shall file their main arguments and applications before the court session.
(3) The court shall make, in a timely manner, all the necessary preparations for adjudicating a matter. At each stage of a proceeding, the court endeavours to create the conditions needed by the parties in order to file their petitions on time and to the full extent, and to contribute to the adjudication of the matter in the minimum possible time and at the minimum possible cost.
(4) In pre-trial proceedings, the court may give the participants in the proceeding orders for the submission, amendment or clarification of documents, for providing opinions on the documents submitted by the opposing party, and for submission of evidence within the term set by the court. Participants in a proceeding shall be informed of all the orders of the court.

§ 330. Terms for filing of petitions

(1) Any petitions, applications, evidence and objections shall be filed before the end of pre-trial proceedings or, in written proceedings, before the expiry of the term for filing applications.
(2) All objections to the legality of filing of a petition or appeal shall be submitted to the court together in the response to the petition or appeal or, if a response is not given, in the first hearing or upon the filing of the first petition on the merits of the matter.
(3) Petitions containing new circumstances or requests, likewise evidence submitted after the end of pre-trial proceedings or, in written proceedings, after the expiry of the term for submission of applications are accepted to the proceeding in the cases and pursuant to the procedure provided in § 331 of this Code.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 331. Belated filing of petitions

(1) If a participant in a proceeding files a petition, application, evidence or objection after the expiry of the term set for such purpose by the court or in violation of the provisions of § 329 or §
330 of this Code, the court hears it only if in the court's opinion, accepting it to the proceeding does not cause a delay in the adjudication of the matter or the participant in the proceeding provides good reason for the delay.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) If a participant in a proceeding was not notified of a petition, application, evidence or objection of the opposing party in time before the court session and, due to such fact, the opposing party is unable to form a sufficiently clear position concerning such submissions, the court may set the opposing party a term during which the opposing party may provide a position.

§ 332. [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 333. Filing of objections to activity of court

(1) The participants in a proceeding may file objections to the activity of the court in directing the proceeding and also objections to the violation of procedural provisions and above all, to the violation of the formal requirements on performance of procedural acts. The court adjudicates an objection by a ruling.
(2) If a participant in a proceeding does not file an objection at the latest at the end of a court session where the violation took place, or in the first procedural document submitted to the court after the violation took place, and the participant in the proceeding was aware or should have been aware of the error, the party has no right to file the objection at a later time.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) In the case specified in subsection (2) of this section, the participant in the proceeding also has no right to rely on the error in the activity of the court upon filing an appeal against the court decision.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) The provisions of subsections (2) and (3) of this section do not apply if the court has violated an essential principle of civil procedure.

§ 3331. Application for expedition of court proceeding

(1) If a court has been conducting proceedings in a civil matter for at least nine months and the court fails to perform a necessary procedural act without good reason, including fails to schedule a court session in a timely manner in order to ensure the conducting of the court proceeding within a reasonable period of time, a party to the court proceeding may request the court to take a suitable measure for expediting the completion of the court proceeding.
(2) If the court considers the application reasoned, it orders, within 30 days from receipt of the application, the implementation of such a measure which is presumed to enable to complete the court proceeding within a reasonable period of time. The court is not bound by the application upon choosing a measure.
(3) Refusal to satisfy the application or implementation of a measure other than that stated in the application for expediting the court proceeding is formalised by a reasoned ruling within the term provided in subsection (2) of this section. A ruling whereby implementation of the measure for expediting the court proceeding indicated in the application is decided need not be reasoned.
(4) An appeal may be filed against the ruling made upon reviewing the application for
expedition of the court proceeding. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.
(5) Upon adjudication of an appeal against a ruling, the court may order the implementation of such a measure which is presumed to enable to complete the court proceeding within a reasonable period of time. The court is not bound by the limits of the appeal upon choosing a measure.
(6) A new application may be filed when six months have passed from the entry into force of the court ruling made concerning the previous application, except if the application is filed due to the reason that the court hearing the matter has failed to implement the measure prescribed by the ruling in time.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 38 FORMAT OF PROCEDURAL DOCUMENTS SUBMITTED BY PARTICIPANTS IN PROCEEDING

§ 334. Submission of written documents

(1) All petitions, applications, objections and appeals are submitted to the court in legible typewritten form in A4 format. Petitions, applications, positions and objections presented in a court session are entered in the minutes.
(2) Where possible, the participants in the proceeding provide the court with electronic copies of the submitted procedural documents.

§ 335. Submission of documents in format which can be reproduced in writing

(1) For compliance with the term for filing a written petition or appeal, it is sufficient to send the court the petition or appeal by fax or e-mail at the address prescribed for such purpose or in another format which can be reproduced in writing, provided that thereafter, the original of the written document is delivered to the court without delay, however, not later than at the time of
the hearing of the matter in a court session or, in written proceedings, during the term prescribed for the submission of documents.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) In the case of filing an appeal against a court decision, the original of the appeal shall be submitted within ten days.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) The provisions of subsection (1) of this section do not apply in the case of sending a document electronically provided that the document is submitted in conformity with the requirements of § 336 of this Code.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 336. Electronic submission of documents

(1) Petitions and other documents which must be in written form may also be submitted to the court electronically if the court is able to make printouts and copies of the submitted document. A document shall bear the digital signature of the sender or be transmitted in another similar secure manner which enables the sender to be identified. The sender is deemed to be clearly identifiable if a certificate of authenticity created with the aid of the private key of the sender is added to the e-mail.
(2) An electronic document is deemed to be submitted to the court when it is saved in the database prescribed for the receipt of court documents. The sender of the document is sent an electronic confirmation thereof. If the court is unable to make printouts or copies of the document, the sender of the document is immediately informed thereof.
(3) The specific procedure for the submission of electronic documents to the court and the requirements for the document formats shall be established by a regulation of the Minister of Justice.
(4) The court may deem a petition or another procedural document submitted by e-mail by a participant in a proceeding to be sufficient even if it fails to comply with the requirements provided in subsections (1)–(3) of this section and, above all, the requirement of bearing a digital signature, unless the court has doubts about the identity of the sender and the sending of the document, especially if documents with a digital signature have been sent earlier from the same
e-mail address to the court in the proceeding of the same matter by the same participant in the proceeding, or if the court has agreed that petitions or other documents may also be submitted thereto in such manner.
[RT I 2008, 28, 180 - entry into force 15.07.2008]
(5) Contractual representatives, notaries, bailiffs, trustees in bankruptcy, state and local government agencies and other legal persons provided in clauses 218 (1) (1)–(3) and in subsection 218 (2) of this Code submit documents to the court electronically unless there is good reason to submit the document in another form.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(6) If petitions and other documents can be submitted to the proceedings information system maintained on a computer through the portal created for the purpose, these shall not be submitted by e-mail, unless there is good reason therefor. The Minister of Justice shall establish the list of documents to be submitted through the portal by a regulation.
[RT I 2009, 67, 460 - entry into force 01.01.2010]

§ 337. Documents sent by advocates

If several participants in a proceeding are represented in the proceeding by advocates, the documents and appendixes thereto to be sent to the court shall be sent by an advocate to the advocates of the other participants in the proceeding independently and the advocate shall inform the court thereof. In such case the documents are deemed to be served on the other participants in the proceedings at the time indicated to the court. The court may fine an advocate who has violated the obligation to send documents or to inform the court thereof.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 338. Content of procedural document submitted to court

(1) A procedural document, including an action, objection and appeal, submitted to the court by a participant in a proceeding sets out:
[RT I 2008, 59, 330 - entry into force 01.01.2009]
1) the names, addresses and telecommunications numbers of the participants in the proceeding and their potential representatives;
2) the name of the court;
3) the merits of the case;
4) for a case being heard, the number of the civil matter;
5) the petition filed by the participant in the proceeding;
6) circumstances on which the petition is based;
7) a list of appendices to the procedural document;
8) the signature of the participant in the proceeding or representative thereof or, for a document transmitted electronically, a digital signature or other means of identification in conformity with the provisions of § 336 of this Code.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) A procedural document shall set out the personal identification codes and in the absence thereof, dates of birth of natural persons. For legal persons entered in a public register, the document shall set out the registry code and, in the absence thereof, the legal grounds for operation.
(3) If a participant in the proceeding does not know the address or other data of another participant in the proceeding, the procedural document shall set out the measures taken by the participant in the proceeding in order to obtain such information.
(4) In addition to the data listed in subsection (1) of this section, a petition for the merits of the matter and a response to a petition or argument of the opposing party set out:
1) the position on the factual allegations of the opposing party;
2) the evidence which the participant in the proceeding intends to use in order to substantiate the arguments thereof or to refute the allegations of the opposing party;
3) the position on the evidence submitted by the opposing party.

§ 339. Appendices to procedural documents

(1) If the procedural documents are signed by a representative of a participant in a proceeding, an authorisation document or another document certifying his or her right of representation is annexed to the first procedural document which the representative submits in the matter. An authorisation document need not be submitted if the procedural documents are signed by an advocate acting as a representative but the court is entitled to demand the submission of the authorisation document.
(2) The originals or transcripts of the documents referred to in a petition and of the documents in the possession of the participant in the proceeding are annexed to the petition unless they have already been submitted to the court.
(3) If performance of a procedural act requested in a procedural document is subject to state fee or security, information which enables verification of the payment thereof shall be specified in the procedural document, or certification on the grant of procedural assistance or an application for grant of procedural assistance upon payment of the state fee or security shall be annexed to the document.

§ 340. Transcripts to other participants in proceeding

(1) A participant in a proceeding must, upon submission of written documents and appendices thereto to the court, provide a requisite number of transcripts of such documents to be served on the other participants in the proceeding.
(2) The provisions of subsection (1) of this section do not apply to the documents or appendices thereto which the other participants in the proceeding possess in the form of original documents or transcripts. In such case, the documents which transcripts are not provided shall be specified to the court and the participant in the proceeding shall substantiate why he or she believes that the other participant in the proceeding is in possession of such documents or transcripts.
(21) The provisions of subsection (1) of this section do not apply to the electronic submission of documents.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(3) The provisions of subsection (1) of this section do not apply if an advocate sends transcripts of procedural documents to the advocate representing the other participant in the proceeding and confirms this to the court.
(4) The court organises the making of transcripts or printouts of a document submitted to the court electronically if it can be presumed that an electronic document cannot be forwarded to the other participant in the proceeding or he or she is presumed to be unable to examine the content of the document or to be unable to print it out. In the case specified in the first sentence of this subsection no state fee is charged for the making of transcripts or printouts.
[RT I 2009, 67, 460 - entry into force 01.01.2010]
(5) [Repealed - RT I 2009, 67, 460 - entry into force 01.01.2010]

§ 3401. Correction of omissions in procedural document

(1) If a petition, application, objection or appeal does not comply with the formal requirements or contains other omissions which can be corrected, including upon failure to pay the state fee or security, the court sets a term for correction of the omissions and refuses to accept the procedural document until such time.
(2) If the omissions are not corrected by the due date set by the court, the petition, application or appeal is not accepted and is returned, and a petition, application or appeal which is already accepted is refused to be heard. An appeal may be filed against a ruling of a county court or circuit court made thereon unless otherwise provided by law. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court unless otherwise provided by law.
(3) If the omissions in objections are not corrected by the due date set by the court, the court disregards the objections.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Part 8 COURT SESSION

§ 341. Adjudication of matter in court session

(1) A civil matter is heard and adjudicated in a court session unless otherwise prescribed by law. (2) The rights and obligations prescribed to the court by this Chapter also apply to courts acting
on the basis of a letter of request and judges acting on the basis of an order.

§ 342. Scheduling of court session

(1) The court schedules a court session in order to adjudicate a petition or application, unless the petition or application can be adjudicated without holding a court session.
(2) A court session is scheduled immediately after receipt of a petition or application and the response thereto or upon expiry of the term set for responding. The court may also schedule a court session before receiving a response or before expiry of the term set for responding if it may be presumed that a court session is required for adjudication of the matter regardless of the response or if immediate scheduling of the session is reasonable under the circumstances due to other reasons. If the court does not require a response, it schedules the court session immediately after receipt of a petition or application.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) If possible, the court obtains and considers the opinion of the participants in the proceeding upon scheduling a court session.

§ 343. Sending of summonses and publication of time of court session on website of court

(1) In order to notify the time and place of a court session, the court serves summonses on the participants in the proceeding and other persons to be invited to the court session.
(2) The interval between the date of service of summonses and the date of the court session shall be at least ten days. Such interval may also be shorter if the participants in the proceeding agree thereto.
(3) The time of holding the court session is also published on the website of the court, setting
out the number of the civil matter, the names of the participants in the proceeding and the general description of the civil matter. If a court session is closed, only the time of holding the court session, the number of the civil matter and a notation that the court session is closed are published. The time of holding the court session is removed from the website when seven days have passed from the holding of the court session.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 344. Content of summonses

(1) A summons sets out at least:
1) the name of the person summoned to court;
2) the name and address of the court;
3) the time and place of the court session;
4) the merits of the case;
5) the capacity in which the person is being summoned;
6) the duty to give notice of reasons for failure to appear in court;
7) the consequences of failure to appear in court.
(2) If in actions, a participant in a proceeding is summoned to a session of the Supreme Court and the summons is not sent to a sworn advocate, it is also indicated in the summons that the participant in the proceeding is permitted to perform procedural acts, and file petitions and applications in the Supreme Court only through a sworn advocate.
(3) The first summons served on a person in a civil matter sets out the obligation to bring to the court session an identity document. The first summons sent in a matter to a representative sets out the representative's obligation to bring to the court session a document certifying his or her right of representation unless the representative is an advocate.
(4) A summons sent to a witness also refers to the right of a witness to receive compensation for a witness and compensation for expenses.
(5) A summons need not be signed.
(6) A single form for summonses shall be established by a regulation of the Minister of Justice. (7) A summons need not be in the form prescribed in subsections (1)–(6) of this section if the
summons is delivered in a court session or if a person signs in a court session the minutes concerning the time of holding a court session. If necessary, the court explains the circumstances related to the summons.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 345. Notification of failure to appear in court session

A participant in a proceeding, witness, expert, interpreter or translator summoned to a court session who is unable to appear in court shall give the court timely notice thereof and provide the court with reasons for his or her impediment to appear in court.

§ 346. Personal presence of participants in proceeding in court session

[RT I 2008, 59, 330 - entry into force 01.01.2009]

(1) The court may require, by a ruling, the personal appearance of a participant in a proceeding or representative thereof in a court session if, in the opinion of the court, this is necessary for clarification of circumstances relevant to the adjudication of the matter or for ending the dispute by compromise. The court does not require the personal appearance of a participant in a proceeding in a court session if personal appearance of the party cannot be demanded due to the disproportionate length of the journey or another good reason.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) In marital and filiation matters, a county court requires the personal appearance of the parties and shall hear the parties unless the parties have a good reason not to appear in court. If a party is unable or cannot be expected to appear in court, the party may be heard and his or her statements may be obtained by a court conducting proceedings in the matter on the basis of a letter of request.
(3) A participant in a proceeding is personally notified by a summons of the obligation to appear in court in person even if he or she has appointed a representative for the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) If a participant in a proceeding fails to appear in a court session regardless of the order of the court, the court may fine him or her on the same basis as it may fine a witness who fails to
appear in a court session for hearing, or apply compelled attendance on him or her. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) The provisions of subsection (4) of this section do not apply if the participant in the proceeding sends to the court session a representative who is able to explain the factual circumstances and is authorised to make the required statements and, above all, to agree on a compromise. Even in such case the court has the right to fine the party or apply compelled attendance on the party in matrimonial and filiation matters.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 347. Commencement of court session

(1) When the court enters or leaves the courtroom, the persons present in the room stand up.
(2) Upon commencement of a court session, the court announces the matter to be heard. At the beginning of a court session, the court ascertains:
1) who of the summoned persons have appeared in the court session, and their identity;
2) whether the persons absent from the court session have been notified of the holding of the court session pursuant to law or whether they have been summoned to court pursuant to law;
3) whether the representatives of the participants in the proceeding hold the right of representation.
(3) In a court session prescribed for hearing a matter, the court introduces the content of the proceeding and the procedural situation.
(4) In a session organised solely for the purpose of announcing a decision, the persons who are present need not be established and their identity need not be checked.
(5) In the cases where a participant in a proceeding is not represented by an advocate, the court explains the consequences of performance of or failure to perform a procedural act to the participant in the proceeding or his or her representative. If the consequences of performance of or failure to perform a procedural act have been explained once, repetition thereof at a later time is not required.

§ 348. Course of court session

(1) The court directs a court session and ascertains the opinion of the participants in the proceeding on the circumstances relevant to the matter and removes from the hearing everything that is irrelevant to the adjudication of the matter.
(2) The court undertakes to ensure that a matter is heard to a sufficient extent and without deferral.
(3) Prior to adjudicating a petition of a party, the court hears the opinion of the other participants in the proceeding on such issue. The court provides the participants in a proceeding with an opportunity to provide their opinion on any circumstance relevant to the adjudication of the matter.
(4) If a participant in a proceeding is represented by another person, the court also hears the participant in the proceeding in person if the participant in the proceeding so desires.
(5) If a matter is heard by a collegial court panel, the presiding judge has the rights of the court upon organising the court session. At the request of the other members of the court panel, the presiding judge provides them with an opportunity to pose questions.

§ 349. Oral hearing of matter

(1) Court hearing of a matter is oral unless otherwise prescribed by law.
(2) The petitions, applications and other documents submitted to the court and forwarded to the participants in the proceeding are read out aloud in a court session only if the wording of the statement to be read out is relevant to the matter or if the court deems it necessary due to another reason. Otherwise, only a reference is made to the documents.

§ 350. Court session held in form of procedural conference

(1) The court may organise a session in the form of a procedural conference such that a participant in the proceeding or his or her representative or adviser has the opportunity to stay at another place at the time of the court session and perform the procedural acts in real time at such place.
(2) A witness or expert who stays in another place may also be heard, and a participant in the proceeding who stays in another place may pose questions to them, in the manner specified in subsection (1) of this section.
(3) In a court session organised in the form of a procedural conference, the right of every participant in the proceeding to file petitions and applications and to formulate positions on the petitions and applications of other participants in the proceeding shall be guaranteed in a technically secure manner and the conditions of the court session in respect of the real time transmission of image and sound from the participant in the proceeding not present in court premises to the court and vice versa must be technically secure. With the consent of the parties and the witness and, in a proceeding on petition, with the consent of the witness alone, the witness may be heard by telephone in a procedural conference.
(4) The Minister of Justice may establish specific technical requirements for conducting a court session in the form of a procedural conference.

§ 351. Ascertaining of facts in court session

(1) The court discusses the disputed facts and relationships with the participants in the proceeding to the necessary extent from both the factual and legal point of view.
(2) The court enables the parties to provide their position on the circumstances relevant to the matter in a timely manner and to the full extent.
(3) If a party is unable to provide an opinion concerning a position or doubt which the court has pointed out to the party, the court may set the party a term for providing the opinion.

§ 352. Altering time of court session and adjournment of hearing of matter

(1) With good reason, the court may cancel a court session or alter the time thereof, or adjourn a session. Failure to complete the adjudication of a matter in a court session is permitted only for a reason which prevents the completion of the adjudication of the matter in the court session.
(2) The court does not adjourn the hearing of a matter on the grounds that a party is unable to personally attend the court session if the representative of the party is present in the court session and the court has not required personal appearance of the party. The hearing of a matter is not adjourned due to the circumstance that a third party without an independent claim is not
attending the hearing.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) If possible, the court schedules immediately a new court session in the case provided in subsection (1) of this section in order to continue the proceeding. A new session is organised as soon as possible in order to continue the hearing of the matter, taking account, within good reason, of the opinion of the participants in the proceeding.
(4) If the hearing of a matter is adjourned, the court may hear the statements of the participants
in the proceeding who have appeared in the court session and the court hears the testimony of the witnesses and opinions of the experts, especially if their appearance at a later court session would be excessively expensive for such persons or it would be otherwise inconvenient for them. If the hearing of the persons specified above necessarily involves the examination of other evidence or the performance of another act, such act is also performed.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) If a county court adjourns the hearing of a matter for a period longer than three months without the consent of the parties, a party may file an appeal against the ruling if the party finds that the hearing of the matter is adjourned for an unreasonably long period of time. A ruling of a circuit court concerning an appeal against such ruling is not subject to appeal to the Supreme Court.
(6) The court adjudicates a petition for adjournment of a court session or another procedural act immediately and, if necessary, before the court session or performance of such other procedural
act and notifies the participants in the proceeding thereof immediately. [RT I 2008, 59, 330 - entry into force 01.01.2009]

Part 9 SUSPENSION OF PROCEEDING

§ 353. Suspension of proceeding in case of death of party who is natural person or dissolution of party who is legal person

(1) In the case of the death of a party who is a natural person or the dissolution of a party who is a legal person, and universal succession exists, the proceeding is suspended until the time it is continued by the universal successor of the party or another person entitled to do so. A successor is not required to continue the proceeding before acceptance of the succession or the expiry of
the term for refusing to accept the succession.
(2) In the case specified in subsection (1) of this section, the proceeding is not suspended if the party is represented in the proceeding by a contractual representative. In such case the court suspends the proceeding at the request of the representative or the opposing party.
(3) If upon suspension of proceeding, the universal successor delays the continuation of the proceeding, the court invites, based on a petition of the opposing party, the universal successor to continue the proceedings within the term set by the court and to participate in the hearing of the matter. The invitation and the petition are served on the universal successor. In the case specified in subsection (2) of this section, the invitation is served on both the universal successor and representative thereof.
(4) If, in the case specified in subsection (3) of this section, the universal successor fails to appear in the court session, the alleged legal succession is deemed to have been accepted by the universal successor based on the petition of the opposing party and the hearing of the matter is continued.

§ 354. Suspension of proceeding due to loss of active civil procedural legal capacity

(1) If a party loses active civil procedural legal capacity or the legal representative of a party
dies or the right of representation of the legal representative expires before the party has regained active civil procedural legal capacity, the proceeding is suspended until the legal representative
or the new legal representative informs the court of his or her appointment.
(2) In the case specified in subsection (1) of this section, the proceeding is not suspended if the party is represented in the proceeding by a contractual representative. In such case the court suspends the proceeding at the request of the representative or the opposing party.
(3) If, in the case specified in subsection (1) or (2) of this section, a legal representative has been appointed but fails to inform the court of his or her appointment and the opposing party informs the court of a wish to continue the proceeding, the proceeding is continued after the court has served the notice on the representative.

§ 355. Suspension of proceeding with good reason

The court may suspend the proceeding due to a good reason arising from a party until the time such reason ceases to exist. In the case of a serious illness of a party, the proceeding may be suspended until the party regains his or her health unless the disease is chronic.

§ 356. Suspension of proceeding due to another proceeding

(1) If the judgment fully or partially depends on the existence or absence of a legal relationship which is the object of a court proceeding conducted in another matter or which existence must be established by an administrative proceeding or another court proceeding, the court may suspend the proceeding until the end of the other proceeding.
(2) The court may suspend a proceeding during the time when the constitutional review matter is adjudicated in the proceeding of the Supreme Court until the entry into force of the judgment of the Supreme Court if this may affect the validity of legislation of general application subject to application in the civil matter.
(3) If a court refers a question arisen in a matter to the European Court of Justice for a preliminary decision, the court suspends the proceeding until the entry into force of the decision of the European Court of Justice.
[RT I 2006, 31, 235 - entry into force 01.09.2006]

§ 357. Suspension of proceeding for divorce

(1) The court suspends a proceeding for divorce if there is reason to believe that the marriage can be preserved. The court does not suspend a proceeding if the spouses have lived separately for a lengthy period of time and neither of them agrees to the suspension of the proceeding.
(2) If a proceeding is suspended on the grounds specified in subsection (1) of this section, the court draws the parties' attention to the possibility of reconciliation and the possibility to receive guidance from a family counsellor.
(3) On the grounds specified in subsection (1) of this section, a proceeding may be suspended on one occasion for the period of up to six months.

§ 358. Consequences of suspension of proceeding

(1) In the case of suspension of a proceeding, the running of all procedural terms is suspended and, upon the expiry of the suspension of the proceeding, such terms start to run again from the beginning.
(2) Any procedural acts performed during the period when a proceeding is suspended are null and void. This does not preclude the securing of an action or the conduct of pre-trial taking of evidence in order to safeguard evidence.
(3) Suspension of a proceeding after the hearing of a matter is terminated does not prevent the making public of the judgment in the proceeding.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 359. Suspension of proceeding on joint request of parties or due to absence of both parties from court session

(1) The court may suspend a proceeding based on a joint request of the parties if this is presumed to be necessary due to unfinished negotiations concerning compromise or for other good reasons, as well as due to the absence of both parties from the court session.
(2) Suspension of a proceeding on the grounds specified in subsection (1) of this section does not affect the running of procedural terms.

§ 360. Ruling on suspension of proceeding and appeal against such ruling

(1) The court suspends a proceeding by a ruling.
(2) A ruling by a county court or circuit court for suspension of proceedings is subject to appeal. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject
to appeal to the Supreme Court.

§ 361. Resumption of proceeding

(1) The court resumes a suspended proceeding based on the request of a party or at the initiative of the court after the circumstances which constituted the grounds for suspension of the proceeding have ceased to exist. If a proceeding was suspended due to the absence of both
parties from a court session, the proceeding is resumed only at the request of a party.
(2) In the case provided by § 356 of this Code, the proceeding may also be resumed if the other proceeding which was the reason for the suspension of the proceeding is disproportionately delayed and the adjudication of the suspended matter is possible.
(3) A proceeding is deemed to be resumed as of the time the ruling on resumption of the proceeding is served on the parties.
(4) A resumed proceeding is continued from the point at which it was suspended.

Part 10 ACTIONS

Chapter 39 COMMENCEMENT OF MATTERS

§ 362. Filing of actions

(1) The time of filing an action means the time when the action arrives at the court. This applies only if the action was served on the defendant at a later time.
(2) The provisions of subsection (1) of this section also apply to the filing of another petition or application to the court unless otherwise provided by law. A claim or petition filed in a court session is deemed to be filed at the time of its disclosure in the court session.
(3) The provisions of subsections (1) and (2) of this section apply to the evaluation of the consequences related to the filing of an action under both procedural and substantive law, and also to the evaluation of compliance with and suspension of running of a term.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 363. Content of statement of claim

(1) In addition to other requisite information to be included in procedural documents, a statement of claim sets out:
1) the clearly expressed claim of the plaintiff (object of action);
2) the factual circumstances which constitute the basis of the action (cause of action);
3) the evidence in proof of the circumstances which constitute the cause of the action, and a specific reference to the facts which the plaintiff wants to prove with each piece of evidence;
4) whether or not the plaintiff agrees to the conduct of written proceedings in the matter or wishes the matter to be heard in a court session;
5) the value of the action unless the action is directed at payment of a certain sum of money.
(2) If the plaintiff wishes the action to be heard in documentary proceedings (§ 406), the plaintiff shall so indicate in the action.
(21) If the plaintiff does not agree to the making of a default judgment in accordance with § 407 of this Code in the event of receiving no response to the action, the plaintiff shall so indicate in the action.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(3) If the plaintiff is represented in the proceeding by a representative, the action shall also set out the data of the representative. If the plaintiff wishes to be assisted in the proceeding by an interpreter or translator, the plaintiff shall so indicate in the statement of claim and set out, if possible, the data of the interpreter or translator.
(4) Filing of an action with a different court than the court of the defendant's general jurisdiction must be justified to such court.
(5) In addition to the data specified in subsection (1) of this section, a statement of claim in a divorce case also sets out the names and dates of birth of the common minor children of the spouses, the person who maintains and raises the children, the person with whom the children reside, the arrangement requested concerning the parental rights and a proposal on how the upbringing of the children would be arranged after the divorce.
(6) If the plaintiff or defendant is a legal person entered in a public register, a transcript of the registry card, excerpt from the register or registration certificate is annexed to the action, unless
the court is able to check such data from the register independently. Concerning other legal persons, other evidence on the existence and legal capacity of such person is provided.

§ 364. Action for submission of inventory of assets, report or confirmation

(1) The plaintiff may request, by the statement of claim, the submission of an inventory of assets from the defendant who is obligated to deliver a pool of assets or to provide information on the status of assets.
(2) The plaintiff may request that the defendant obligated to report on the income and expenditure related to the administration of assets provide a structured calculation of such income and expenditure together with the documents and other evidence related thereto.
(3) If the plaintiff has reasoned doubts that the data set out in the inventory specified in subsection (1) of this section or the calculation specified in subsection (2) of this section may be incorrect or could have been compiled with insufficient diligence, the plaintiff may also demand that the defendant take an oath that, based on the information at the defendant's disposal, the calculation or inventory is correct. Such oath is taken pursuant to the procedure prescribed for giving statements under oath.
(4) If the plaintiff files an action for the receipt of money or for the performance of another act as well as for the receipt of an inventory of assets or a calculation of income or expenditure related thereto or for an oath to be taken, the plaintiff has the right not to expressly specify the claim directed at the receipt of money or performance of another act before the inventory or list is received, confirmation is obtained or a partial judgment is made concerning that claim.

§ 365. Additional claims concerning setting of term and compensation for damage

(1) The plaintiff may request in the statement of claim that together with obligating the defendant to perform the duty or act requested by the action, the court set the defendant a term for compliance therewith in the judgment.
(2) If, upon expiry of the term specified in subsection (1) of this section, the plaintiff has the right to demand compensation for the damage caused by the violation of an obligation or the right to terminate a contract, the plaintiff may also request, in the statement of claim, the determination of the amount of compensation or deeming the contract terminated in the same judgment.

§ 366. Action for compensation for non-proprietary damage

In an action for compensation for non-property damage, the plaintiff has the right not to specify the amount of the compensation claimed and to request fair compensation at the discretion of the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 367. Claim for penalty for late payment as collateral claim

Together with the principal claim of an action, the plaintiff has the right to file a claim for a penalty for late payment which has not yet fallen due by the time of filing the action such that the plaintiff does not specify the amount of the penalty for late payment but requests the court to impose such penalty for late payment partly or fully in the form of a percentage of the value of
the principal claim until the principal claim is fulfilled. Above all, a penalty for late payment may be claimed such that the court would order payment thereof in a fixed amount until the making of a judgment and thereafter as a percentage of the principal claim.
[RT I 2008, 28, 180 - entry into force 15.07.2008]

§ 368. Establishment action

(1) If the plaintiff has a legal interest in the establishment of the existence or absence of a legal relationship, the plaintiff may file an action for establishment thereof.
(2) If in an enforcement proceeding a dispute concerning the interpretation of an enforcement instrument arises, the claimant or debtor has the right to file an action against the other party with the claim to establish whether a certain right or obligation arises to the plaintiff from the enforcement instrument. An establishment action with such claim may also be filed in order to clarify the meaning of an enforcement instrument in other cases when a dispute has arisen between the participants in the proceeding concerning the enforcement or effect of the enforcement document.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 369. Filing of action before claim falls due

An action for a future claim may be filed in the case there is reason to believe that the debtor will not perform the obligation on time. On the same grounds, among other, an action for the future vacation of an immovable or space may be filed if the fulfilment of the claim involves a certain due date and likewise the future performance of recurring obligations falling due after the filing of the action may be claimed.

§ 370. Several claims in action

(1) The plaintiff may file several different claims against the defendant in one action, and combined proceedings may be conducted in such claims if all the filed claims are within the jurisdiction of the court conducting proceedings in the matter and the same type of procedure is permitted. The same applies to claims which are based on different circumstances.
(2) Several alternative claims may be filed in an action, or several claims may be filed such that the plaintiff requests satisfaction of one of the subsequent claims only if the first claim is not satisfied.

§ 371. Grounds for refusal to accept action

(1) The court refuses to accept a statement of claim if:
1) the court is not competent to adjudicate the matter;
2) the matter does not fall within the jurisdiction of that court;
3) an interested party who has taken recourse to the court has failed to comply with the mandatory procedure provided by law for prior extra-judicial adjudication of such matter;
4) there is a judgment of an Estonian court which has entered into force or a ruling on termination of proceedings, or a decision of a court of a foreign state subject to recognition in Estonia, or a decision in pre-trial proceedings which has entered into force, including an agreement approved by the Chancellor of Justice, which has been made in a dispute between the same parties concerning the same object of the action on the same grounds and which precludes recourse to another court in the same matter;
5) a matter between the same parties concerning the same object of the action on the same grounds is being heard by a court;
6) a matter between the same parties concerning the same claim on the same grounds is being heard by a lease committee or labour dispute committee or in another pre-trial proceeding provided by law where a decision can be made in the form of an enforcement instrument;
7) a valid decision has been made in arbitration proceedings in a matter between the same parties concerning the same object of action on the same grounds, or arbitration proceedings are being conducted in such matter;
8) the parties have entered into an agreement for referral of the dispute to arbitration except in the case where the action contests the validity of the arbitral agreement;
9) the statement of claim lacks the signature of a competent person or other essential formal requirements for statements of claim have been violated;
10) a state fee has not been paid on the claim filed in the statement of claim;
11) the data concerning the plaintiff or defendant presented in the statement of claim do not enable their identification;
12) the person who submits the statement of claim in the name of the entitled person has not proven his or her right of representation.
(2) The court may refuse to accept a statement of claim if:
1) based on the factual circumstances presented as the cause of the action, violation of the plaintiff's rights is impossible, presuming that the factual allegations of the plaintiff are correct;
2) the action has not been filed for protecting the plaintiff's right or interest protected by law, or with an aim subject to legal protection by the state, or if the objective sought by the plaintiff cannot be achieved by the action.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 372. Deciding on acceptance of action

(1) The court adjudicates, by a ruling, the acceptance of a statement of claim or refusal to accept a statement of claim, or the setting of a term for correction of omissions within a reasonable period of time.
(2) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) If necessary, the court may obtain the defendant's position in order to adjudicate on the acceptance of the action, and to hear the parties. In such case the court adjudicates on the acceptance of the action immediately after obtaining the position or hearing the parties.
(4) A ruling on refusal to accept a statement of claim shall set out the reason for refusal to accept the statement of claim. If the court refuses to accept a statement of claim, the court does not
serve the statement of claim on the defendant but returns it to the plaintiff together with any appendixes thereto and the ruling on refusal to accept the statement of claim.
(5) The plaintiff may file an appeal against a ruling by which acceptance of a statement of claim is refused. A ruling of a circuit court concerning an appeal is not subject to appeal to the
Supreme Court if acceptance of the action was refused on the grounds specified in clause 371 (1)
9), 11) or 12) of this Code.
(6) If the court refuses to accept a statement of claim and returns it by a ruling, the statement of claim is deemed to be not submitted and the action is deemed not to have been heard by the court.
(7) If a matter is not within the jurisdiction of the court where the action was filed, the provisions of § 75 of this Code apply to the refusal of its acceptance.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(8) If a court finds that adjudication of a statement of claim falls within the competence of an administrative court and the administrative court has previously found in the same matter that the matter does not fall within the competence of the administrative court, the court promptly
submits a request to a Special Panel formed by the Civil Chamber and the Administrative Chamber of the Supreme Court in order to determine the court which is competent to adjudicate the matter and notifies the participants in the proceeding thereof.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 373. Filing of counterclaim

(1) Until the end of pre-trial proceedings or, in a written proceeding, until the expiry of the term prescribed for submission of petitions, a defendant has the right to file a procedural claim (counterclaim) against the plaintiff to be heard together with the main action if:
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
1) the counterclaim is aimed at setting off against the main action;
2) satisfaction of the counterclaim wholly or partially precludes satisfaction of the main action;
3) the counterclaim and the main action are otherwise mutually connected and a joint hearing thereof would allow for a just and more expeditious hearing of the matter.
(2) If a counterclaim is filed later than within the period indicated in subsection (1) of this section, the counterclaim is heard together with the main action only if there was good reason for the failure to file the counterclaim on time and if, in the court's opinion, acceptance of the counterclaim for joint hearing is in the interests of the adjudication of the matter.
(3) The provisions concerning a statement of claim apply to a counterclaim. If an action filed in the form of a counterclaim is not accepted as a counterclaim, it is accepted as a separate action unless the person filing the counterclaim has specifically requested hearing of the action in the form of a counterclaim only.

§ 374. Joinder of claims

If several claims of the same type which involve the same parties, or which are filed by one plaintiff against different defendants or by several plaintiffs against the same defendant are subject to concurrent court proceedings, the court may join such claims in one proceeding if the claims are legally related or the claims could have been filed by a single action and this allows for a more expeditious or facilitated hearing of the matter.

§ 375. Severance of claims of action

(1) If the court finds that the separate hearing of claims filed in one statement of claim, or of an action and a counterclaim would ensure a more expeditious or facilitated hearing of the matter, or if actions have been joined unreasonably, the court may sever the claims by a ruling and conduct independent proceedings.
(2) The court may cancel the severance of claims if it becomes clear that severance was not reasoned.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 376. Amendment of action

(1) After acceptance of an action and serving thereof on the defendant, the plaintiff may amend the object or cause of the action only with the consent of the defendant or the court. The defendant's consent is presumed if the defendant does not immediately file an objection to the amendment of the action.
(2) The court agrees to amend the action only with good reason and above all if the factual allegations and evidence already submitted in the proceeding are likely to enable adjudication on the amended action more expeditiously and economically.
(3) The provisions concerning a statement of claim apply to a petition for amendment of action. If in pre-trial proceedings the plaintiff presents new facts related to the action, it is presumed that the plaintiff amends the cause of action thereby.
(4) The following is not deemed to be amendment of action:
1) amendment or correction of presented factual or legal allegations without amending the main circumstances which constitute the cause of the action;
2) increase, reduction, extension or limitation of the principal claim or collateral claim of the plaintiff;
3) demanding another object or another benefit instead of the object which was originally demanded due to a change in the circumstances.
(5) The court may demand the submission of the entire text of the statement of claim if, due to making repeated amendments thereto or for another reason, the action lacks clarity and submission of the entire text of the statement of claim facilitates the hearing of the matter.
(6) The plaintiff may also submit a petition or amendment specified in subsection (4) of this section without submission of a petition in a format corresponding to the statement of claim and, among other, orally in a court session.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 40 SECURING OF ACTION

§ 377. Basis for securing action

(1) The court may secure an action at the request of the plaintiff if there is reason to believe that failure to secure the action may render enforcement of a court judgment difficult or impossible. If enforcement of a court judgment will evidently take place outside of the European Union and the enforcement of court judgments is not guaranteed on the basis of an international agreement, it is presumed that failure to secure the action may render enforcement of the court judgment difficult or impossible.
(2) In order to secure an action which object is not a monetary claim against the defendant, the court may provisionally regulate a disputed legal relationship and, above all, the manner of use of a thing, if this is necessary for the prevention of significant damage or arbitrary action or for another reason. This may be done regardless of whether there is reason to believe that failure to secure the action may render enforcement of the court judgment difficult or impossible. The measures specified in subsection 378 (3) of this Code may also be applied at the initiative of the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) An action which includes a future or contingent claim, or an establishment action may also
be secured. A contingent claim is not secured if the condition is presumed not to occur during the time of the proceeding.
(4) A circuit court or the Supreme Court hears a petition for securing an action or a petition for amendment or annulment of a ruling on securing an action if such court is conducting proceedings in the matter in relation to which securing of action, or cancellation or amendment of the securing of an action is requested, or if an appeal against the decision of a lower court has been filed with such court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) A measure for securing an action may also be applied for securing several claims by the same plaintiff against the same defendant.

§ 378. Measures for securing action

(1) The measures for securing an action are:
1) establishment of a judicial mortgage on an immovable, ship or aircraft belonging to the defendant;
2) seizure of the defendant's property which is in the possession of the defendant or another person and, on the basis thereof, making of such notation concerning prohibition in the land register, by which the prohibition on disposal is made visible, or making of such other entry in another property register, by which the prohibition on disposal is made visible;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
3) prohibition on the defendant to perform certain transactions or perform certain acts, including imposition of a restraining order;
4) prohibition on other persons to transfer property to the defendant or to perform other obligations with regard to the defendant, which may also include an obligation to transfer property to a bailiff or to pay money into the account prescribed for such purpose;
[RT I, 31.01.2014, 6 - entry into force 01.04.2014]
5) imposition of an obligation on the defendant to deposit a thing with the bailiff;
6) suspension of the enforcement proceeding, permitting the continuation of the enforcement proceeding only against a security, or revocation of the enforcement action if the enforcement instrument has been contested by filing of an action, or if a third party has filed an action for the release of property from seizure or for declaration of inadmissibility of compulsory enforcement due to another reason;
7) prohibition on the defendant to depart from his or her residence, taking the defendant into custody and imposition of detention on the defendant;
8) imposition of an obligation on the defendant and above all, an insurer, to make payments to the extent of the minimum amounts likely to become payable in the course of a proceeding conducted in a matter of illegal causing of damage or in a matter of an insurance contract;
9) imposition of an obligation on the defendant to terminate the application of an unfair standard term or that the person recommending application of the term terminate or withdraw the recommendation of the term in an action for termination of application of an unfair standard term or for termination and withdrawal by the person recommending application of the term of recommendation of the term;
10) another measure considered necessary by the court.
(2) In order to secure an action based on infringement of copyright or related rights or industrial property rights, the court may, among other, seize the goods concerning which there is doubt of infringement of intellectual property rights or impose an obligation to hand over such goods to prevent the putting on the market or distribution of such goods. If seizure of the defendant's bank account or other assets is sought to secure an action based on infringement of copyright or
related rights or industrial property rights for commercial purposes, the court may impose an obligation to hand over banking, financial or commercial documents or to enable to inspect these.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) In a matrimonial matter, maintenance matter or other family matter, the court may also regulate the following for the time of the proceeding:
1) parental rights in respect of a common child;
2) communication of a parent with a child;
3) surrender of a child to the other parent;
4) compliance with a maintenance obligation arising from law and among other, imposition of an obligation on the defendant to pay support during the time of the proceeding or to provide security therefor;
5) use of objects of the shared household and of the common housing of the spouses;
6) surrender or use of objects, which are intended for personal use by a spouse or child;
7) other matters related to marriage and family which need to be settled expeditiously due to the circumstances.
(4) A measure for securing an action shall be chosen such that the measure, when applied,
would burden the defendant only in so far as this can be considered reasonable taking account of the legitimate interests of the plaintiff and the circumstances. The value of the action shall be taken into account upon securing an action involving a monetary claim.
(5) A court may apply several measures concurrently to secure an action.
(6) The plaintiff may exercise the rights arising to the plaintiff from the securing of the action and above all, the plaintiff may waive a right or grant consent to the conducting of a transaction which would be prohibited due to the restraint on disposition.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 379. Application of detention or prohibition to depart from residence

[RT I 2008, 59, 330 - entry into force 01.01.2009]

(1) Detention or prohibition on a person to depart from his or her residence in order to secure an action may be applied only if this is necessary for ensuring compliance with a court judgment and other measures for securing an action would clearly be insufficient to secure the claim and above all, if there is reason to believe that the person is likely to depart to a foreign state or take his or her assets to a foreign state.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) The measure specified in subsection (1) of this section may be used for securing a proprietary claim only if the value of the action exceeds 32,000 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(3) In the case of a legal person, the measure specified in subsection (1) of this section may be applied to a member of a managing body of the legal person.
(4) Detention of a person is arranged by the police based on a court ruling. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) Prohibition to depart from residence means the obligation of a person not to leave his or her residence for a longer period than twenty-four hours without the permission of the court. In order to apply a prohibition to depart from the residence, the court summons the defendant who is a
natural person, or a member of the managing body of a defendant who is a legal person and obtains his or her signature to such effect.

§ 380. Securing of action in case of object prescribed for performance of public duties

A measure for securing an action shall not be imposed with respect to an object belonging to a legal person in public law which is needed for the performance of public duties or the disposal of which is contrary to public interest.

§ 381. Petition for securing action

(1) A petition for securing an action shall set out at least the following information:
1) the object of the action and value of action;
2) the circumstances which constitute the basis for securing;
3) the requested measure for securing the action;
4) the data of the party against whom the petition is filed;
5) if establishment of judicial mortgage on several things at one time is requested, the division of the claim between the different things encumbered with the mortgage.
(2) The claim, which securing is requested, and the circumstances which constitute the basis for securing shall be substantiated in the petition for securing an action.

§ 382. Securing of action without filing action

(1) The court may also secure an action based on a petition before the action is filed. The petition shall set out the reasons for not filing the action immediately. The petition is filed with the court with which the action should be filed pursuant to the provisions concerning jurisdiction.
(2) If the court secures an action in the case specified in subsection (1) of this section, the court shall set a term during which the petitioner must file the action. The term shall not be longer than one month. If the action is not filed on time, the court cancels the securing of the action.
(3) If it is necessary for securing an action, a measure for securing an action may also be imposed by the court within the territorial jurisdiction of which the property, with respect to which application of a measure for securing an action is requested, is located, even if the action has been filed or should be filed with another Estonian court, a court of a foreign state or arbitral tribunal. With respect to property which has been entered in a public register, a measure for securing an action may also be applied by the court of the location of the register and, in case of a ship, by the court of the location of the home port of the ship.
(4) The court specified in subsection (3) of this section may also substitute or cancel the securing of an action, or to demand a security for securing an action or for continuation of securing an action.
(5) In the cases provided by law, the court may also secure petitions submitted to an authority engaging in pre-trial resolution of disputes.

§ 383. Securing of action against security

(1) The court may make the securing of an action or continuation of securing an action dependant on the provision of security in order to compensate for possible damage caused to the opposing party.
(11) The court secures an action involving a monetary claim only in case a security is provided in the amount of at least 5 percent of the amount of claim, but not less than 32 euros and not more than 32,000 euros. If detention of a defendant or prohibition on a defendant to depart from his or her residence is sought in order to secure an action, the security is provided in the amount not less than 3200 euros and not more than 32,000 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(12) If the prerequisites for requesting a security have been fulfilled, the court may still refuse to require the security in full or in part or order its payment in instalments if the plaintiff due to economic or other reasons cannot be reasonably expected to provide a security, and failure to secure the action may result in grave consequences for the plaintiff or if requiring the security would be unfair to the plaintiff due to another reason.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) A security shall be provided by the due date set by the court. If a security is not provided by the set due date, the court refuses to secure the action or cancels the securing of the action.

§ 384. Adjudication of petition for securing action

(1) The court adjudicates, by a reasoned ruling, a petition for securing an action not later than on the working day following the date of submission of the petition. The court may adjudicate the petition for securing an action at a later time if it wishes to hear the defendant beforehand.
(2) If a petition for securing an action does not conform to the requirements of law but the omission can clearly be corrected, the court sets the petitioner a term for correcting the omission. The court refuses to satisfy the petition for securing an action if the omission is not corrected on time.
(3) The defendant and other participants in the proceeding are not notified of the hearing of a petition for securing an action. If this is clearly reasonable and, above all, if provisional regulation of the disputed legal relationship is requested by the petition, the court may first hear the defendant.
(4) Before the court regulates, by way of securing an action, parental rights in respect of a child, communication between a parent and child, or obligates the defendant to surrender a child, the court shall hear a child of at least ten years of age and the competent rural municipality or city government. If the urgency of the matter prevents such hearing, they shall be heard at the first opportunity thereafter.
(5) If circumstances endangering the well-being of a child become evident, the court may provisionally regulate the disputed legal relationship based on an application of the competent rural municipality or city government or at its own initiative regardless of whether or not a petition for securing an action has been filed.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 385. Substitution of securing of action with payment of money

If the court imposes detention or prohibition to depart from his or her residence on a person by a ruling on securing an action involving a monetary claim or a ruling on securing an action, the court determines the sum of money, upon payment of which to the account prescribed for such purpose or upon the provision of a bank guarantee to the extent of which the enforcement of the ruling on securing the action is terminated. In such case, the court cancels, based on the defendant's application, the measure for securing the action and substitutes it with a sum of money or a bank guarantee. The provisions of subsection 386 (3) of this Code do not apply in the case specified in this section.
[RT I, 31.01.2014, 6 - entry into force 01.04.2014]

§ 386. Substitution or cancellation of securing of action

(1) At the request of a party, a court may, by a ruling, substitute one measure for securing an action with another.
(2) If the circumstances change and, above all, the cause for securing an action ceases to exist or a security is offered, or due to another reason provided by law, the court may cancel the securing of an action based on the request of a party. Non-monetary securing of an action may be cancelled or amended by substitution with a monetary payment only with the consent of the plaintiff or for a good reason.
(3) The court notifies the other party of an application for substitution of a measure for the securing of an action or cancellation of the securing of an action. The other party has the right to submit objections to the court with regard to the application.
(4) The court cancels the securing of an action by a court judgment if the action is not satisfied, or by a ruling if the action is not accepted or the proceeding in the matter is terminated. The court also cancels the securing of an action if the securing of the action was decided by another court unless otherwise provided by the law.
(5) A ruling on securing an action made under the circumstances specified in subsection 378 (3)
of this Code may also be amended or annulled at the initiative of the court.

§ 387. Communication of ruling on securing action

(1) The court sends the ruling on securing an action immediately to the plaintiff, and serves it on the defendant. At the request of the plaintiff, the court may postpone the serving of the ruling on
securing the action on the defendant.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) If the plaintiff has to contact a bailiff, registrar or another person or agency for the enforcement of the ruling on securing an action, this shall be set out in the ruling on securing the action. The court sends the ruling on securing an action to a registrar or another agency or person for enforcement only at the request of the plaintiff. In such case no additional application need to be submitted to the registrar or another agency or person. The court does not send a ruling to the bailiff independently.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) A ruling on refusal to secure an action or for demanding a security from the plaintiff is sent only to the petitioner.

§ 388. Establishment of judicial mortgage

(1) Unless otherwise provided by law, a judicial mortgage established on an immovable, a ship entered in the ship register or an aircraft entered in the civil aircraft register gives the person who requested the securing of the action the same rights with regard to the other rights encumbering the thing as the rights of a mortgagee arising from a mortgage or maritime mortgage or the rights of a pledgee arising from a registered security.
(2) The sum of mortgage is the amount of the secured claim which is entered in the land register, ship register or civil aircraft register. If the principal claim remains under 640 euros, a judicial mortgage is not established if other measures for securing the action can be applied which are
less cumbersome to the defendant.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(3) A judicial mortgage is entered in the land register, ship register or civil aircraft register to the benefit of the plaintiff on the basis of the plaintiff's petition and the ruling on the securing of the action. At the request of the plaintiff, the court forwards the ruling for the purpose of entry of the judicial mortgage in the register independently pursuant to the procedure provided for in subsection 387 (2) of this Code. The mortgage is created upon entry thereof in the register.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) Upon establishment of a judicial mortgage on a ship or aircraft, the bailiff takes the ship or aircraft under his or her supervision based on an application of the person who requested the securing of the action. In such case, the bailiff prohibits the use of the ship in part or in full and may give orders in respect of the ship.
(5) If a judicial mortgage is established on several immovables, ships or aircraft, the court indicates in the ruling on securing the action a sum of money for each encumbered thing upon
the payment of which to the account prescribed for such purpose or upon the provision of a bank guarantee to the extent of which the securing of the action is cancelled.
[RT I, 31.01.2014, 6 - entry into force 01.04.2014]
(6) If the securing of an action is cancelled or a measure for securing the action is substituted, the owner of the immovable, ship or aircraft becomes the owner of the mortgage. At the request of the owner, the judicial mortgage is deleted from the land register, ship register or civil aircraft register on the basis of a ruling on cancellation of securing the action.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 389. Seizure of property

(1) In the case of seizure of property, the defendant shall not dispose of the property. In addition to the seizure of other movable property except a ship entered in the ship register or an aircraft entered in the civil aircraft register, the right of security upon seizure is created.
(2) If the value of the principal claim is under 640 euros, the court does not seize an immovable, a ship entered in the ship register or an aircraft entered in the civil aircraft register if other measures for securing the action can be applied which are less cumbersome to the defendant.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(3) If several things are seized, the court sets out, in the ruling on securing the action, a sum of money for each encumbered thing upon the payment of which to the account prescribed for such purpose or upon the provision of a bank guarantee to the extent of which the securing of the action is cancelled.
[RT I, 31.01.2014, 6 - entry into force 01.04.2014]
(4) Upon seizure of an immovable or a registered movable or another object, a notation concerning a prohibition on disposal of property is entered in the land register or another register to the benefit of the plaintiff on the basis of the plaintiff's petition and the ruling on securing the action. At the request of the plaintiff, the court forwards the ruling for the purpose of entry of the notation concerning the prohibition in the register independently pursuant to the procedure provided for in subsection 387 (2) of this Code.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) Based on an application by the plaintiff or defendant, the court may order the sale of a seized object and depositing of the money received from the sale in the account prescribed for such purpose if the value of the object may decrease significantly or storage of the object would involve unreasonable costs.
[RT I, 31.01.2014, 6 - entry into force 01.04.2014]
(6) Seizure of property is arranged by a bailiff. The bailiff takes the seized object under his or her supervision based on an application of the person who petitioned for securing of the action. In such case, the bailiff prohibits the use of the object in part or in full and may give orders in respect of the object and, among other, organise the storage of the object.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 390. Filing of appeal against ruling

(1) A party may file an appeal against a ruling by which a county court or circuit court secures an action, substitutes one measure for securing an action with another or cancels the securing of an action. A ruling of a circuit court concerning an appeal against a ruling of a county court is subject to appeal to the Supreme Court only if the value of the secured action exceeds 63,900 euros or if detention or prohibition on a person to depart from his or her residence was applied as a securing measure.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(2) The filing of an appeal against a ruling does not suspend the enforcement of the ruling on securing the action. The filing of an appeal against a ruling on cancelling the securing of an action or the substitution of one measure for securing an action with another suspends the enforcement of the ruling.

§ 391. Compensation for damage caused by securing of action

(1) The party who applied for securing an action shall compensate for the damage caused to the other party by the securing of the action, if:
1) a court decision on refusal to satisfy or hear the secured action enters into force, or if the proceeding in the matter is terminated on any other grounds except due to the approval of a compromise of the parties;
2) it becomes evident that no claim for securing the action or no cause for securing the action existed at the time of securing the action;
3) a ruling on securing the action which was made before the action was filed is annulled due to the reason that the action was not filed on time.
(2) A security for compensation for damage likely to be caused by securing an action which is imposed on the person who requested the securing of the action is returned to such party if the other party has not filed an action for compensation for damage within two months as of the time specified in subsection (1) of this section.

Chapter 41 PRE-TRIAL PROCEEDINGS

§ 392. Aims of pre-trial proceedings

(1) Above all, the court ascertains the following in a pre-trial proceeding:
1) the claims of the plaintiff and the positions of the participants in the proceeding in respect of the claims;
2) the requests of the participants in the proceeding and where necessary, the positions of the other participants in the proceeding in respect of the requests;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
3) the factual and legal allegations of the participants in the proceeding concerning the claims which have been filed and allegations which have been made;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
4) evidence to be provided by the participants in the proceeding in proof of their factual
allegations and concerning the permissibility of the provided evidence;
5) possibility to settle the matter by way of compromise or in another manner by a ruling or in written proceedings;
6) the participants in the proceeding and whether and how to summon them to a court session.
(2) If a matter is to be heard in a court session, the court prepares the hearing of the matter thoroughly so that it can be adjudicated without interruptions in one court session.
(3) In order to achieve the aims of pre-trial proceedings, the court may demand statements from the participants in the proceeding and question them.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) In pre-trial proceedings, the court also verifies the correctness of acceptance of the matter and the prerequisites for permissibility of the proceeding.
(5) A matter can be adjudicated in pre-trial proceedings in the cases prescribed by law.

§ 393. Notification of participants in proceeding of action

(1) If the court accepts a statement of claim, the court notifies the participants in the proceeding thereof immediately and serves a transcript of the statement of claim together with any appendixes thereto and the ruling on acceptance of the matter on the defendant and third parties.
(2) Upon notification of the defendant of acceptance of an action, the court informs the defendant of the following:
1) the obligation of the defendant to provide a written response to the action by the due date set by the court;
2) the mandatory contents of the response to the action;
3) the consequences of failure to respond to the action, admittance of the claim or acceptance of the plaintiff's allegations, including the possibility of making a default judgment against the defendant and the defendant's obligation to cover the procedural expenses;
4) the consequences of absence from court session if the matter is to be heard in a court session;
5) the consequences of failure to submit evidence by the due date set by the court.
(21) The court explains to a third party without an independent claim the right of the party to submit a position on the action within the term set by the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) In the case of an action for termination of application of a standard term or for termination and withdrawal by the person recommending application of the term of recommendation of the term against a defendant whose activity is subject to supervision by a designated state agency, the court also forwards the action to such agency and requests that the agency provide the court with a written position on such matter. Where necessary, the court also hears the position of the agency orally.
(4) If adjudication of a matter may involve several people or if it may be reasonable due to another reason upon adjudication of a matter, the court may also forward the action to a competent state or local government agency for obtaining a position in other cases than those provided in subsection (3) of this section or ask for a position of such agency on an issue necessary for adjudication of a matter.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 394. Defendant's response to action

(1) The defendant shall provide the court with a written response to an action.
(2) Among other, the defendant shall set out the following in the response to an action:
1) whether the defendant has any objections to the court's acceptance of the matter or there is reason to refuse to hear the action or to terminate the proceeding in the matter, unless the defendant has already provided a position thereon;
2) whether the defendant admits the action by approving the correctness of the claims filed against the defendant in the statement of claim;
3) all the defendant's requests and allegations, and evidence in proof of each factual allegation;
4) whether the defendant wishes to file a counterclaim;
5) the opinion of the defendant on how to divide the procedural expenses; [RT I 2008, 59, 330 - entry into force 01.01.2009]
6) whether the defendant agrees to the conduct of a written proceeding or wishes the matter to be heard in a court session;
7) whether the defendant considers it possible to settle the matter by way of compromise or in any other manner by an agreement.
(3) If in the proceeding, the defendant is to be represented by a representative, the response shall also set out the data of the representative. If the defendant wishes to be assisted by an interpreter or translator in the proceeding, this shall be indicated in the response, and if possible, the data of the interpreter or translator shall be provided.
(4) If the information on the defendant as set out in the statement of claim is inaccurate, the defendant shall communicate the accurate information to the court.
(5) The term for submitting a response to an action shall be at least 14 days as of the service of the action, and upon service of an action in a foreign state, at least 28 days as of the service of the action.
(6) The court forwards the defendant's response to the action together with transcripts of the documents annexed to the response to other participants in the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 395. Oral response of defendant

The court may permit the defendant to respond to an action orally in a court session if, in the court's opinion, this is in the interests of the expeditious adjudication of the matter. In such case,
the court obligates the defendant to thoroughly prepare the presentation of the response to the action in the court session, schedules the session and explains the possible consequences of failure to respond and failure to use other legal remedies in the session to the defendant.

§ 396. Plaintiff's position on response to action

If this is necessary for the expeditious and more correct adjudication of the matter, the court demands a written position concerning the response to the action from the plaintiff and sets the plaintiff a reasonable term for compliance with the demand.

Chapter 42 COURT SESSION IN ACTIONS

§ 397. Scheduling of court session

If a matter is heard in a court session, the period between the service of the action on the defendant and the date of the court session shall be at 30 thirty days and in documentary proceedings, such period shall be at least 14 days. If the defendant has been set a term for responding to the action in writing, the court session must not be scheduled before the response of the defendant has been received and forwarded to the plaintiff, or before the term for responding expires.

§ 398. Preliminary hearing

(1) The court may schedule a court session to be organised in the form of a preliminary hearing in pre-trial proceedings if, in the opinion of the court, this is in the interests of the preparation of hearing the matter in the main session or if the possibility to end the proceeding by way of compromise or in another manner by agreement is higher in a preliminary hearing.
(2) The court holds a court session where a matter is heard as a continuation of the preliminary hearing and adjudicates on the merits of the matter unless the court finds that the facts relevant to the matter have been ascertained to a sufficient extent.
(3) Unless the hearing of a matter is terminated in the preliminary hearing, the court makes further arrangements to prepare for the main session and schedules the main session.

§ 399. Procedure for hearing of matter in court session

Matters are heard in court sessions prescribed for the hearing of the matters pursuant to the following procedure:
1) the parties submit the evidence which was not submitted in pre-trial proceedings if permitted by the court;
2) the plaintiff submits the claims;
3) the defendant makes known whether the defendant admits or contests the claim;
4) the participants in the proceeding give statements to justify their positions and submit their objections to the positions of the opposing party;
5) the court examines all accepted evidence;
6) the participants in the proceeding are given the floor for summations.

§ 400. Statements of participants in proceeding

(1) The court gives the plaintiff and any third parties participating in support of the plaintiff and the defendant and any third parties participating in support of the defendant an opportunity to add to the submissions made in the course of preliminary proceedings. The participants in the proceeding have the right to question one another.
(2) A participant in a proceeding who is unable to give statements orally due to reasons of health may give statements in writing or in another comprehensible manner.
(3) Where necessary, the court announces the positions of the participants submitted in writing. The court announces the positions and petitions which the participants in the proceeding have presented in pre-trial proceedings only if they differ from the submissions made in a court session.
(4) If only one of the parties participates in a court session, the court announces the position of the other party on the basis of previous submissions, if necessary.
(5) After hearing the statements, the court makes a short summary of the statements and discusses the possible rendering of a legal opinion on the facts presented in the statements with the participants in the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 401. Termination of hearing on merits of matter

(1) After examining the evidence, the court hearing the matter discusses the status of the proceeding and prospects of terminating the proceeding with the participants in the proceeding.
(2) After examining all evidence in a matter, the court asks the participants in the proceeding whether they want a further hearing of the matter.
(3) If upon examining the evidence, a fact becomes evident which a party could not have taken into consideration earlier, the party may request and the court may grant the parties additional time to prepare for summations.
(4) If the participants in a proceeding do not apply for a further hearing of the matter on the merits or if the court denies such application, the court terminates the hearing of the matter on the merits.

§ 402. Summations

(1) After the hearing of the matter on the merits is terminated, the court hears the summations if a participant in the proceeding so requests.
(2) A participant in a proceeding has the right, in the summations, to make closing arguments which contain a short summary of the circumstances relevant to the adjudication of the matter. Closing arguments may only refer to the circumstances which have been presented in the hearing on the merits of the matter and to the evidence which has been examined in a court session.
(3) A court may limit the duration of closing arguments, ensuring that all participants in the proceeding have equal time to speak. The time granted to a participant in a proceeding for closing arguments shall not be less than ten minutes.
(4) The plaintiff is the first to speak in the summations and thereafter the defendant speaks. A third party with an independent claim speaks after the parties. A third party without an independent claim speaks after the plaintiff or the defendant in support of whom the third party is participating in the matter.
(5) The court may also specify a different order of appearance than the order provided in subsection (4) of this section.
(6) After the closing arguments, a participant in the proceeding may rebut the closing arguments of other participants in the proceeding. The duration of a rebuttal shall not exceed three minutes. The defendant has the right of last rebuttal.
(7) During the summations, a participant in the proceeding may submit the positions set out in the closing arguments to the court in written form or on another durable medium for inclusion in the minutes of the court session.
(8) After the summations, the court retires to make a judgment, and gives notice of the time and manner the judgment is to be made public.

Chapter 43 TYPES OF SIMPLIFIED PROCEDURE

§ 403. Written proceeding with consent of parties

(1) With the consent of the parties, the court may adjudicate a matter without hearing it in a court session. In such case the court sets, as soon as possible, a term during which petitions and documents may be submitted and the time for making public of the judgment, and notifies the participants in the proceeding thereof. The ruling shall also set out the judge adjudicating the matter.
[RT I 2005, 39, 308 - entry into force 01.01.2006]
(2) The parties have the right to withdraw the consent specified in subsection (1) of this section only if significant changes in the procedural situation occur.
(3) If a party fails to inform the court of consenting to a written proceeding, it is presumed that the party wishes to have the matter heard in a court session.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 404. Written proceeding ordered by court

(1) The court may make a ruling on the conduct of a written proceeding in the matter of a monetarily appraisable action if the value of the action does not exceed an amount which corresponds to 3,200 euros on the main claim and to 6,400 euros together with collateral claims. [RT I, 29.06.2012, 3 - entry into force 01.07.2012]
(2) In the case specified in subsection (1) of this section, the court sets a due date for submission of petitions and documents, and determines the time for announcing the judgment, and notifies the participants in the proceeding thereof. The court may change the due date if this is necessary because changes have occurred in the procedural situation.
(3) The court cancels the conduct of a written proceeding if, in the opinion of the court, the personal appearance of the parties is unavoidable for ascertaining the circumstances which constitute the cause of the action or if the party due to whom the written proceeding was ordered applies for adjudication of the matter in a court session. At the request of the other party, such party shall be heard regardless of whether or not a written proceeding has been ordered.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 405. Simplified proceeding

(1) The court adjudicates an action by way of simplified proceeding at the discretion of the court, taking account of only the general procedural principles provided by this Code if the
action concerns a proprietary claim and the value of the action does not exceed an amount which corresponds to 2,000 euros on the main claim and to 4,000 euros together with collateral claims. Among other, upon conducting proceedings in such action, it is permitted:
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]
1) to enter procedural acts in the minutes only to the extent the court deems it necessary, and preclude the right to file any objections to the minutes;
2) to set a term which differs from the term provided by law;
3) to prescribe the amount of procedural expenses already in the court decision which terminates the proceeding, allowing the participants in the proceeding to present their lists of procedural expenses beforehand;
4) to recognise persons not specified by law as contractual representatives of participants in the proceeding;
5) to deviate from the provisions of law concerning the formal requirements for provision and taking of evidence and to recognise as evidence also the means of proof not provided by law, including a statement of a participant in the proceeding which is not given under oath;
6) to deviate from the provisions of law concerning the formal requirements for serving procedural documents and for documents to be presented to the participants in the proceeding, except for serving an action on the defendant;
7) to waive written pre-trial proceedings or a court session;
8) to take evidence at its own initiative;
9) to make a judgment in a matter without the descriptive part and statement of reasons;
10) to declare a decision made in a matter to be immediately enforceable also in other cases than those specified by law or without a security prescribed by law.
(2) In the case specified in subsection (1) of this section, the court guarantees that the fundamental rights and freedoms and the essential procedural rights of the participants in the proceeding are observed and that a participant in the proceeding is heard if he or she so requests. A court session need not be held for this purpose.
(3) The court may conduct proceedings in a matter in the manner specified in subsection (1) of this section without a need to make a separate ruling thereon. The participants in the proceeding shall still be notified by the court of their right to be heard by the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 4051. Implementation of Regulation (EC) No 861/2007 of the European Parliament and of the Council

(1) The provisions of this Act concerning the simplified proceeding, including upon filing an appeal against a decision made in such proceeding, also apply to the adjudication of a civil matter under Regulation (EC) No 861/2007 of the European Parliament and of the Council establishing a European Small Claims Procedure (OJ L 199, 31.07.2007, pp. 1–22) to the extent that it is not regulated by the specified regulation. Under the specified regulation, a matter may be adjudicated by the competent county court according to jurisdiction.
(2) In conformity with Article 4(1) of the regulation specified in subsection (1) of this section, a petition for initiation of a proceeding may be filed in the form provided in § 334. – § 336. of this Code.
(3) In conformity with Article 21(2)(b) of the regulation specified in subsection (1) of this section, a decision made in the court proceeding conducted under the regulation is accepted for enforcement in Estonia only if it is prepared in Estonian or English or if Estonian or English translation is annexed to the certificate.
(4) The provisions concerning enforcement proceedings in Estonia apply to the enforcement in Estonia of a court decision of a foreign state made under the regulation specified in subsection (1) of this section in so far as not prescribed otherwise by the specified regulation.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 406. Documentary proceeding

(1) At the request of the plaintiff, an action for payment of money arising from a bill of exchange or cheque, or an action for compulsory enforcement arising from a mortgage or maritime mortgage or registered security over movables is heard by way of documentary proceeding if all the facts in proof of the claim can be supported by documents and all necessary documents are annexed to the action or the plaintiff submits them to the court within the term set thereby.
[RT I 2009, 30, 178 - entry into force 01.10.2009]
(2) In addition to the submissions provided in subsection (1) of this section, no other claims or counterclaims shall be filed in documentary proceedings.
(3) In documentary proceedings, only documents submitted by the parties and statements given under oath by the parties are accepted as evidence. Only the facts specified in subsection (1) of this section and the authenticity or falsification of documents may be proven. Other documents and objections are not accepted.
(4) In order to prove a collateral claim arising from a bill of exchange or cheque, it is sufficient to substantiate the claim.
(5) At the request of the plaintiff, the court makes a ruling on changing a documentary proceeding into ordinary action. The plaintiff may submit such request until summations are held in the matter in a county court or, in written proceedings, until the term for filing of petitions expires. Based on the ruling of the court, the proceeding continues without the specifications of documentary proceedings.

Chapter 44 CONSEQUENCES OF FAILURE TO RESPOND TO COURT OR ABSENCE OF PARTICIPANT OF PROCEEDING FROM COURT SESSION

§ 407. Judgment by default in case of failure to respond to action

(1) With the consent of the plaintiff, the court may satisfy an action by making a judgement by default to the extent specified by the statement of claim and legally justified by facts if the defendant who has been set a term for responding by the court has failed to do so on time even if the action was served on the defendant in a foreign state or by public announcement. In such case the defendant is deemed to have accepted the factual allegations made by the plaintiff.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(2) The consent of the plaintiff provided in subsection (1) of this section is presumed unless the plaintiff has informed the court that he or she does not wish a judgment by default to be made. [RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(3) In the case specified in subsection (1) of this section, the judgment by default may be made without holding a court session.
(4) The court does not make a judgment by default on the grounds specified in subsection (1) of this section in a matrimonial matter or a filiation matter. However, a judgment by default may be made in a matter of dividing joint property or an action related to another type of proprietary relationship between the spouses if the matter can be adjudicated separately from the rest of the matrimonial matter.
(5) A default judgment shall not be made if:
1) the term for responding to the action given to the defendant was clearly too short;
2) the defendant was not informed of the consequences of failure to respond to the action;
21) the defendant has requested the grant of state legal aid during the term for submitting a response in order to respond through an advocate;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
22) the action has been accepted incorrectly and, among other, if the matter does not fall within
the jurisdiction of this court;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
3) the defendant has provided good reason for failure to respond to the action and substantiated it to the court.
(51) A court may also refuse to make a judgment by default if the action was served on the defendant by public announcement and there are probably intentions to have the decision to be made in the proceeding recognised or enforced in a foreign state and it is probable that the decision would not be recognised or enforced due to the public service of the action.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(6) If the plaintiff has consented to the making of a judgment by default but the action is not legally justified to the extent specified by the statement of claim and by facts, the court makes a judgment whereby the court refuses to satisfy the action.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 408. Absence of both parties from court session

If neither party appears in the court session, including a preliminary hearing, the court may: [RT I 2008, 59, 330 - entry into force 01.01.2009]
1) adjudicate on the merits of the matter;
2) refuse to hear the action;
3) suspend the proceeding;
4) postpone the hearing of the matter.

§ 409. Absence of plaintiff from court session

(1) If the plaintiff fails to appear in the court session, including a preliminary hearing, the court, at the request of the defendant who has appeared in the court session:
[RT I 2008, 59, 330 - entry into force 01.01.2009]
1) refuses to hear the action;
2) adjudicates the matter based on admittance of the claim if the defendant admits the claim;
3) adjudicates on the merits of the matter;
4) postpones the hearing of the matter.
(2) If the defendant does not submit the request specified in subsection (1) of this section or the court refuses to satisfy the request, the court postpones the hearing of the matter.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 410. Absence of defendant from court session

If the defendant fails to appear in the court session, including a preliminary hearing, the court, at the request of the plaintiff who has appeared in the court session, makes a judgment by default, adjudicates on the merits of the matter or postpones the hearing of the matter. If the plaintiff does not submit such request or the court refuses to satisfy the request, the court
postpones the hearing of the matter.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 411. Absence of other participants in proceeding from court session

If a participant in the proceeding who is not a party fails to appear in a court session although he or she was served the summons, the matter is heard without him or her.

§ 412. Restrictions to refusal to hear action and reopening of proceeding

(1) Regardless of the plaintiff's failure to appear in a court session, the court does not refuse to hear an action if:
1) the plaintiff had consented to written proceedings or to the hearing of the action without his or her presence;
2) the plaintiff who failed to appear in the court session was not summoned to the session in time, the summons did not set out the consequences of absence from a session or other requirements for summoning persons to court sessions were violated;
3) the plaintiff had informed the court beforehand of the existence of a good reason for his or her failure to appear in the court session and substantiated it to the court;
4) the plaintiff requests adjudication of the matter on the merits, and adjudication of the matter on the merits is possible;
5) the defendant has admitted the claim.
(2) Among other, the court may refuse to hear an action if the plaintiff fails to appear before the court in person although the court had obligated him or her to appear in person, and the plaintiff or his or her representative has not informed the court of the existence of a good reason therefor and has not substantiated it to the court. The court has the right to do so even if the representative of the plaintiff participates in the session.
(3) If hearing of an action was refused, the plaintiff may request, within 14 days after the ruling whereby hearing of the action was refused was served on him or her, the reopening of the proceeding in part or in full by the same court, provided that the plaintiff is able to substantiate to the court that he or she had good reason for failure to appear in the session and he or she was unable to notify the court thereof in time. If the ruling on refusing to hear an action is to be
served outside of the Republic of Estonia or by making it public, reopening of the proceeding may be requested within 28 days after the service of the ruling.
(4) If the summons was served on the plaintiff or representative thereof in any other manner except by personal delivery against a signature or delivery in a court session or if hearing of the action could not have been refused for a reason specified in subsection (1) of this section, provision of a good reason for reopening of the proceeding and substantiation thereof to the court is not necessary.
(5) An appeal may be filed against a ruling on refusal to reopen proceeding. A ruling made by a circuit court concerning an appeal against a ruling is subject to appeal to the Supreme Court only
if the circuit court refused to satisfy the appeal against the ruling. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(6) Upon filing an appeal against a decision made later in the proceedings, the appellant cannot rely on incorrect reopening of the proceeding.
(7) A proceeding which is reopened is continued, in the part in which it is reopened, from the point at which the proceeding was before refusing to hear the action.

§ 413. Judgment by default in case of failure of defendant to appear in court session

(1) If the plaintiff requests judgment by default against the defendant who fails to appear in the court session, the court makes a judgment by default in favour of the plaintiff provided that the action is legally justified to the extent specified by the statement of claim and by facts. In such case the defendant is deemed to have accepted the factual allegations made by the plaintiff. If the action is not legally justified, the court makes a judgment by which it refuses to satisfy the
action.
(2) Among other, the court may make a judgment by default if the defendant fails appear before the court in person although the court had obligated him or her to appear in person, and the defendant or his or her representative has not informed the court of the existence of a good reason therefor and has not substantiated it to the court. The court has the right to do so even if the representative of the defendant participates in the session.
(3) The court does not make a judgment by default if:
1) the defendant who failed to appear in the court session was not summoned to the session in time, the summons did not set out the consequences of absence from a session or other requirements for summoning persons to court sessions were violated;
2) the defendant has provided good reason for failure to appear in the court session and substantiated it to the court;
3) the defendant had consented to the conduct of written proceedings in the matter or adjudication of the matter without his or her presence.
(31) A court may also refuse to make a judgment by default if the summons was served on the defendant by public announcement and there are probably intentions to have the decision to be made in the proceeding recognised or enforced in a foreign state and it is probable that the decision would not be recognised or enforced due to the public service of the summons.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) The court does not make a judgment by default in matrimonial or filiation matters. However, a judgment by default may be made in a matter of dividing joint property or an action related to another type of proprietary relationship between the spouses if the matter can be adjudicated separately from the rest of the matrimonial matter.

§ 414. Adjudication of matter on merits in absence of party

(1) Upon absence of one party or both parties from a court session, the court may adjudicate on the merits of a matter if the circumstances which constitute the cause of the action have been, in the opinion of the court, ascertained to a sufficient extent in order to make such judgement. The court may also adjudicate matrimonial and filiation matters in such manner.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) The court shall not adjudicate on the merits of the matter without the participation of a party if:
1) the party who failed to appear in the court session was not summoned to the session in time, the summons did not set out the consequences of absence from a session or other essential requirements for summoning persons to court sessions were violated;
2) the party has provided good reason for failure to appear in the court session, substantiated it to the court and has not requested hearing of the matter without his or her presence.
(3) The court may adjudicate on the merits of the matter in the absence of a party even if the party has provided a good reason for his or her failure to appear in the court session provided that the party has consented to written proceedings or the hearing of the matter has already been postponed once due to the absence of the party from the court session with a good reason and the party has been given the opportunity to file petitions, submit allegations and evidence on all facts relevant to the matter.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 415. Filing of petition to set aside default judgment

(1) The defendant may file a petition to set aside a default judgment if the defendant's failure to act which constituted the basis for making the judgment by default was due to a good reason. A petition to set aside a default judgment may be filed regardless of whether a good reason existed if:
1) in the case of failure to respond to an action, the action was served on the defendant or representative thereof in any other manner except by personal delivery against a signature or electronically;
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
2) in the case of failure to appear in a court session, the summons was served on the defendant or representative thereof in any other manner except by personal delivery against a signature or delivery in a court session;
3) pursuant to law, the default judgment could not have been made.
(2) A petition to set aside a default judgment may be filed within 30 days after the service of the default judgment. If a default judgment is served by public announcement, a petition to set aside a default judgment may be filed within 30 days after the date on which the defendant became aware of the default judgment or of the enforcement proceedings commenced to enforce the default judgment.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 416. Requirements for petition to set aside default judgment

(1) A petition to set aside a default judgment is filed with the court which made the default judgment. The petition to set aside default judgment shall set out:
1) a reference to the default judgment against which the petition is filed;
2) a declaration that the petition is filed against that default judgment;
3) the circumstances which prevented the petitioner from responding to the action or appearing in the court session and notifying the court thereof, together with the reasons therefor, except in the case where good reason need not be provided in order to file a petition to set aside a default judgment.
(2) If a default judgment in a pre-trial proceeding is made due to the failure of the defendant to respond to the court by the due date or to appear in a preliminary hearing, all materials necessary for the completion of preparation of the matter shall be annexed to the petition to set aside the default judgment.
(3) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009] (4) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) The court serves a petition to set aside a default judgment on the other participants in the proceeding, providing information on the dates of serving the default judgment and filing of the petition to set aside the default judgment, and sets them a term for presenting a position on the petition to set aside a default judgment.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 417. Adjudication of petition to set aside default judgment

(1) The court adjudicates a petition to set aside a default judgment by a ruling. Where necessary, a petition to set aside a default judgment is heard in a court session.
(2) If a petition to set aside a default judgment has been submitted in the correct form and at the correct time, and the petitioner has substantiated the good reason for failure to perform the procedural act which constituted the basis for the default judgment and for failure to inform the court thereof or if there are other grounds why the default judgement could not have been made, the court satisfies the petition to set aside the default judgment and reopens the proceeding, to the extent of the petition to set aside the default judgment, at the point in which the proceeding was before the petitioner's failure to perform the act which constituted the basis for making the
default judgment. A good reason is not required for reopening the proceeding if a good reason is not required for filing a petition to set aside a default judgment.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) If a court session has been scheduled for hearing a petition to set aside a default judgment and the petitioner does not participate in the session or in the hearing of the matter, the court refuses to satisfy the petition and refuses to reopen the proceeding.
(4) A ruling on refusal to reopen a proceeding is subject to appeal. A ruling made by a circuit court concerning an appeal against a ruling is subject to appeal to the Supreme Court only if the circuit court refused to satisfy the appeal against the ruling.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) Upon filing an appeal against a decision made later in the proceedings, the appellant cannot rely on incorrect reopening of the proceeding.
(6) Before adjudicating on a petition to set aside a default judgment, the court may, by a ruling, suspend the enforcement proceeding or permit it to be continued only against a security, or revoke the enforcement action.

§ 418. Continuation of reopened proceedings

(1) If a proceeding is reopened, a default judgment does not enter into force and it cannot be enforced. A reopened proceeding continues, according to the extent of the petition to set aside the default judgment, at the point in which the proceeding was before failure to perform the act which constituted the basis for making the default judgment.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) If the court decides to reopen a proceeding in a court session, the hearing of the matter continues in the same court session.

§ 419. Second judgment by default

If a party fails to appear in a court session in a reopened proceeding and a new default judgment is made against the party, the party does not have the right to submit a new petition to set aside the default judgment.

§ 420. Appeal against default judgment

(1) A defendant cannot file an appeal against a default judgment but may file a petition to set aside the default judgment. A judgment is subject to appeal by the plaintiff if the default
judgment was made on the basis of the plaintiff's petition or if the plaintiff's petition for making a default judgment against the defendant was not satisfied and the plaintiff's action was not satisfied.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) If after reopening of a proceeding, another default judgment is made against the defendant, the defendant may file an appeal against such judgment only if the defendant relies on failure to verify the prerequisites for making a default judgment.
(3) If the defendant submits a petition to set aside a default judgment and the plaintiff files an appeal, the matter is heard by way of the reopening of the proceeding in the court which made the default judgment. If the petition to set aside the default judgment is not satisfied, the hearing of the appeal is continued.

§ 421. Failure to participate in proceeding and leaving court session without permission

(1) A participant in a proceeding is deemed to be absent from a court session even if the participant in the proceeding appears in the court session but fails to participate in the conduct of proceedings in the matter.
(2) If a participant in a proceeding leaves a court session, it does not prevent the hearing of the matter. The court may fine a participant in a proceeding who leaves the court session without permission or impose compelled attendance on him or her if the court finds that personal attendance of the participant in the proceeding is necessary in the hearing of the matter.

§ 422. Good reason for absence from court session or for failure to perform other procedural acts

(1) A good reason for failure to respond to an action or to appear in a court session and for failure to notify the court thereof is above all, a breakdown of transportation, unexpected illness of a party or unexpected serious illness of a person close to a party due to which the party failed to respond to the action or to appear in court and to send a representative to the court.
(2) In order to prove the illness due to which a participant in a proceeding was prevented from responding to an action or appearing in a court session, the participant in the proceeding or his or her representative submits a certificate to the court which indicates that the illness can be deemed to be an impediment to responding to an action or appearing in a court session. A form for the certificate and the conditions and procedure for the issue thereof shall be established by a regulation of the Minister of Social Affairs.
(3) Absence of or omissions in the certificate specified in subsection (2) of this section do not preclude substantiation of the illness by other evidence.

Chapter 45 REFUSAL TO HEAR ACTION

§ 423. Grounds for refusal to hear action

(1) A court refuses to hear an action if:
1) the person who has taken recourse to the court fails to comply with the mandatory procedure established by law for the prior extra-judicial adjudication of such matter and the term for applying such procedure has not expired;
2) the plaintiff withdraws the action;
3) a matter between the same parties concerning the same claim on the same grounds is being heard by way of pre-trial proceedings and, pursuant to law, recourse to the court is not permitted in the matter before the end of pre-trial proceedings;
4) a matter between the same parties concerning the same object of the action on the same grounds is being heard by a court;
5) arbitration proceedings have been initiated concerning the same object of dispute on the same grounds;
6) the parties have entered into an agreement for referral of the dispute to arbitration unless the
validity of the arbitral agreement is contested by the action;
7) the data concerning the plaintiff or defendant presented by the plaintiff do not enable the identification of the plaintiff or defendant and the court cannot identify such person within a reasonable period of time;
8) despite the demand of the court, the plaintiff fails to submit, by the due date set by the court, information which is necessary for serving procedural documents on the defendant and, despite reasonable efforts, the court is unable to find the information independently, and also if the plaintiff fails to pay the expenses necessary for serving the action or other procedural documents on the defendant, including the bailiff's fee, by the time prescribed by the court, except if the plaintiff is granted state procedural assistance for covering the expenses;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
81) the plaintiff fails to inform the court of the results of the service within the term set to him or her on the basis of subsection 3151 (2) of this Code;
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
9) the person who files an action in the name of the entitled person fails to prove his or her right of representation;
10) the plaintiff fails to comply with the court's demand to find an interpreter, translator or representative proficient in Estonian to himself or herself;
11) a state fee has not been paid on the filed claim by the due date set by the court;
12) the plaintiff fails to provide, within the term set by the court, a security for covering the defendant's presumed procedural expenses;
13) the court is not competent to adjudicate the matter. [RT I 2005, 39, 308 - entry into force 01.01.2006]
(2) The court may also refuse to hear an action if it becomes evident that:
1) based on the factual circumstances presented as the cause of the action, violation of the plaintiff's rights is impossible, presuming that the factual allegations of the plaintiff are correct;
2) the action has not been filed for protecting the plaintiff's right or interest protected by law, or with an aim subject to legal protection by the state, or if the objective sought by the plaintiff cannot be achieved by the action.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) A court may also refuse to hear an action in other cases specified by law.

§ 424. Withdrawal of action

(1) Until the end of pre-trial proceedings, the plaintiff may withdraw an action without the defendant's consent. With the defendant's consent, an action may be withdrawn until the time the court decision made concerning the action enters into force.
(2) The court is informed of withdrawal of an action and the defendant's consent to the withdrawal of the action in writing, or such fact is entered in the minutes.
(3) A petition to withdraw an action which is filed with the court is served on the defendant if the defendant's consent is needed for the withdrawal. If the defendant fails to file an objection
within ten days after the petition is served on him or her, the defendant is deemed to have given his or her consent.

§ 425. Procedure for refusal to hear action

(1) The court refuses to hear an action by a ruling. The ruling sets out how to eliminate the circumstances which hinder the hearing of the matter, provided that hearing of the matter has been refused due to such circumstances.
(2) If necessary, the court holds a court session to decide on refusal to hear an action.
(3) If a higher court refuses to hear an action, the court also annuls the decision or decisions of a lower court by the ruling. If the court that has adjudicated the matter refuses to hear the action on the basis of a petition filed within the term for appeal, the court annuls the decision or decisions made in the matter.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) If a court finds that the hearing of the action must be refused due to the circumstance that adjudication of the statement of claim falls within the competence of an administrative court and the administrative court has previously found in the same matter that the matter does not fall within the competence of the administrative court, the court promptly submits a request to a Special Panel formed by the Civil Chamber and the Administrative Chamber of the Supreme Court in order to determine the court which is competent to adjudicate the matter and notifies the participants in the proceeding thereof.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 426. Consequences of refusal to hear action

(1) If the court refuses to hear an action, the action is deemed not to have been heard by the court and the plaintiff has the right of recourse to the court with an action against the same defendant in a dispute concerning the same object of action on the same grounds.
(2) If an action which has been withdrawn is filed again, the defendant has the right not to respond to the action and not to participate in the proceeding until the defendant's existing procedural expenses for which the defendant has demanded compensation and which the plaintiff has been obligated to pay have been paid. The defendant shall notify the court immediately of failure to pay the procedural expenses.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) In the case specified in subsection (2) of this section, the proceeding is deemed to have been suspended. The court may set the plaintiff a term for compensation of the defendant's procedural expenses. If the plaintiff fails to compensate for the costs within such term, the court refuses to hear the action.

§ 427. Appeal against ruling on refusal to hear action

A ruling by a county court or circuit court to refuse to hear an action is subject to appeal. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court if hearing of the action was refused on the grounds specified in clauses 423 (1) 2), 7)–10) or 12) of this Code.

Chapter 46 TERMINATION OF PROCEEDING

§ 428. Grounds for termination of proceeding

(1) The court terminates a proceeding without making a judgment if:
1) the person who has taken recourse to the court fails to comply with the mandatory procedure established by law for the prior extra-judicial adjudication of such matter, and such procedure can no longer be applied;
2) in a dispute between the same parties on the same grounds concerning the same object of action, there is a decision of an Estonian court or a decision of a court of a foreign state subject
to recognition in Estonia or a decision of an arbitral tribunal which has terminated the proceeding and has entered into force, or a decision in pre-trial proceedings which has entered into force, including an agreement approved by the Chancellor of Justice, which precludes recourse to another court in the same matter;
3) the plaintiff has discontinued the action;
4) the parties have settled the dispute by compromise and the court approves the compromise;
5) the legal relationship under dispute does not enable legal succession in the case of the death of a natural person who is a party in the matter, or a legal person is dissolved without legal succession.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) The court also terminates proceedings on other grounds provided by law.

§ 429. Discontinuance of action

(1) The plaintiff may discontinue an action until the decision made concerning the action enters into force by filing a petition for such purpose. The court accepts discontinuance of an action by a ruling which also terminates the proceeding in the matter.
(2) If the plaintiff discontinues the action in a court session, such fact is entered in the minutes. If the wish to discontinue an action is submitted to the court in a written petition, such document is included in the file.
(3) If a petition to discontinue an action is submitted to the court outside of a court session, the court, prior to making a decision on termination of the proceeding, informs the defendant of the filing of the petition and sets the defendant a term for responding. If the defendant wants the
court to order that the plaintiff pay the procedural expenses, the defendant shall so indicate in the response.
(4) The court does not accept discontinuance of an action by the legal representative of a plaintiff who has no active civil procedural legal capacity if the discontinuance of the action is clearly contrary to the interests of the person without active civil procedural legal capacity, and also refuses to accept discontinuance of an action in any other case where discontinuance of the action would result in the violation of a significant public interest.
(5) If the court refuses to accept discontinuance of an action, the court makes a reasoned ruling to such effect. In such case, the hearing of the matter is continued.
(6) If the court refuses to accept discontinuance of an action by the legal representative of a plaintiff who has no active civil procedural legal capacity as this would clearly be contrary to the interests of the person without active civil procedural legal capacity, the court appoints a new representative to the plaintiff pursuant to the procedure provided in § 219 of this Code.

§ 430. Compromise

(1) Until the time a court decision concerning the action enters into force, the parties have the right to terminate the proceeding by a compromise. The court approves a compromise by a ruling which also terminates the proceeding in the matter. The ruling on approval of a compromise sets out the conditions of the compromise.
(2) The parties submit a signed compromise agreement to the court or communicate it to the court in order to enable entry thereof in the minutes.
(3) The court refuses to approve a compromise if this is contrary to good morals or the law, if this violates a significant public interest or if the conditions of the compromise cannot be enforced. The court is not bound by and need not approve a compromise in a family matter.
(4) If the court refuses to approve a compromise, the court makes a reasoned ruling to such effect. In such case, the hearing of the matter is continued.
(5) A compromise applies as an enforcement instrument also with regard to a person not participating in the court proceeding who has assumed an obligation based on the compromise.
(6) Entry into an agreement in the form of a compromise approved by the court substitutes for attestation of the agreement by a notary.
(7) A compromise may be conditional.
(8) A compromise can be declared null, and its nullity may be relied upon on the grounds specified in the General Principles of the Civil Code Act, and a party may withdraw from or cancel a compromise on the grounds specified in the Law of Obligations Act. A compromise can be declared null, and its nullity may be relied upon, or a party may withdraw from or cancel a compromise only in the course of a proceeding based on an action for declaring the inadmissibility of enforcement proceedings carried out on the basis of a compromise as an enforcement instrument. If the court satisfies such action, the compromise is deemed, in its
entirety or in part, not to have any legal consequences, and the proceeding in the matter in which the compromise was reached continues.
(9) A compromise can be declared invalid by way of recovery procedure in the bankruptcy proceeding or enforcement proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 431. Procedure for termination of proceeding

(1) The court terminates a proceeding by a ruling. If necessary, the court holds a court session to decide upon the termination of a proceeding. In the cases where a participant in a proceeding is not represented by an advocate, the court explains the consequences of termination of the proceeding beforehand to the party or representative thereof.
(2) If a higher court terminates a proceeding, the court also annuls the decision or decisions of a lower court by the ruling. If the court that has adjudicated the matter terminates the proceeding on the basis of a petition filed within the term for appeal, the court annuls the decision or decisions made in the matter.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 432. Consequences of termination of proceeding

After termination of a proceeding, the plaintiff has no further recourse to the court with an action against the same defendant in a dispute concerning the same object of action on the same grounds. If a proceeding is terminated due to discontinuance of the action or by way of a compromise, the termination has the same consequences under substantive law and procedural consequences as in the case of termination of a proceeding by a court judgment, unless otherwise provided by law.

§ 433. Appeal against ruling on termination of proceeding

(1) An appeal may be filed against a ruling on the termination of a proceeding.
(2) An appeal may be filed against a ruling of a county court or circuit court on refusal to terminate a proceeding for the reason that the court does not accept the discontinuance of the action or does not approve the compromise of the parties. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.

Chapter 47 COURT DECISION Division 1 Court Judgment

§ 434. Court judgment as decision on merits of matter

A court judgment is a decision on the merits of a matter made in the name of the Republic of
Estonia resulting from a court proceeding.

§ 435. Making of judgment

(1) The court makes a judgment if, in the opinion of the court, the matter has been heard to a sufficient extent and the case is ready for making a final decision.
(2) By a court judgment, the proceeding in that instance of court is terminated.
(3) The date of a court judgment is the date on which the judgment is made public.

§ 436. Lawful and reasoned judgment

(1) A court judgment shall be lawful and reasoned.
(2) The court bases a judgment only on the evidence provided and taken in the case. If the court adjudicates a matter in a court session, the court bases the judgment only on the evidence which was examined in the session.
(3) In making a judgment, the court may only rely on the evidence which the parties could examine and on the circumstances concerning which the parties could present their positions.
(4) In making a judgment, the court shall not rely on the circumstances which have not been discussed in the proceeding. The court shall also not evaluate, in a judgment, a presented circumstance differently from its presentation by both parties, unless the court has brought such possibility to the attention of the parties beforehand and given the parties an opportunity to present their positions.
(5) The provisions of subsection (4) of this section do not apply in the case of a collateral claim. (6) In a family matter, the court is not bound by the presented circumstances and positions.
(7) In making a judgment, the court is not bound by the legal allegations made by the parties.

§ 437. Rehearing of matter

The court may make a ruling on rehearing a matter if, before the conclusion of the hearing of the matter and before making a decision:
1) the court establishes an error in the proceeding which is relevant to the making of the judgment and the error can be corrected;
2) a fact which could cause the filing of a petition to set aside the default judgment becomes known upon making a default judgment;
3) a fact which could cause the proceeding to be reopened becomes known upon refusal to hear an action.

§ 438. Issues resolved upon making of judgment

(1) Upon making a judgment, the court evaluates the evidence, decides which facts are established, which legislation applies in the matter and whether the action should be satisfied. If several claims are filed in a matter, the court makes a judgment concerning all of the claims.
(2) The court also decides on the division of procedural expenses.

§ 439. Limits of adjudication of action

A court shall not exceed the limits of a claim in a judgment or make a judgment concerning a claim which has not been filed.

§ 440. Admittance of claim

(1) The court satisfies an action if the defendant admits the plaintiff's claim in a court session or in a petition filed with the court.
(2) Admittance of a claim in a court session is entered in the minutes.
(3) If admittance of a claim is submitted to the court by way of a petition, such document is included in the file. If the defendant informs the court of admittance of the claim in the course of pre-trial proceedings, the court adjudicates the matter without holding a court session.
(4) In matrimonial matters and filiation matters, the court is not bound by admittance of the claim. The court is also not bound by admittance of the claim in matters in which several defendants participate and in which the disputed legal relationship can be established only with regard to all defendants but all defendants do not accept the claim. If the court refuses to accept the admittance of a claim, the court makes a reasoned ruling to such effect. In such case, the hearing of the matter is continued.

§ 441. Preparation of judgment

(1) The court prepares a judgment electronically in the Estonian language and signs it with the digital signature of the judge who has made the judgment. The court registers the judgment promptly in the information system of the courts.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(2) The court may prepare and sign a judgment on paper if, due to reasons not depending on the court or judge, the requirements provided in subsection (1) of this section cannot be complied with.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 442. Content of judgment

(1) A judgment consists of an introduction, conclusion, descriptive part and statement of reasons.
(2) The introduction of a judgment sets out:
1) the name of the court which made the judgment;
2) the name of the judge who made the judgment;
3) the time and place of making the judgment public;
4) the number of the civil matter;
5) the object of the action;
51) the value of the civil matter;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
6) the names and personal identification codes or registry codes of the participants in the proceeding;
7) the addresses of the participants in the proceeding if this is clearly necessary for enforcement or recognition of the judgment;
8) the names of the representatives of the participants in the proceeding and in the case of substitution of the representatives, the names of the latest representatives;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
9) the time of the last court session or a reference to adjudication of the matter by way of written proceedings.
(3) If a natural person has no personal identification code, his or her date of birth is indicated in the judgment. If a legal person has no registry code, a reference to the legal grounds of the legal person is made in the judgment as necessary.
(4) If a judgment is made by default or is based on admittance of the claim, such fact shall be indicated in the introduction of the judgment.
(5) In the conclusion of a judgment, the court clearly and unambiguously adjudicates the claims of the parties and any requests of the parties which have not yet been adjudicated as well as any issues related to the measures for securing the action which have been applied. The conclusion shall be clearly understandable and enforceable even without the text of the rest of the judgment.
(6) The conclusion also sets out the procedure and term for appealing against the judgment and, among other, specifies the court with which an appeal should be filed, and makes a reference to the fact that unless adjudication in a court session is requested in an appeal, the appeal may be adjudicated in a written proceeding. A judgment by default sets out the right to file a petition to set aside the default judgment. The conclusion also explains the contents of subsection 187 (6) of this Code.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(7) The descriptive part of a judgment indicates, concisely and in a logical order, the relevant content of the filed claims and the allegations, counterclaims and provided evidence concerning such claims. If, in addition to the participants in the proceeding, a competent state or local
government agency has also provided its position on the matter at the request of the court, such position shall also be indicated in the descriptive part.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(8) The statement of reasons of a judgment sets out the facts established by the court, the conclusions reached on the basis thereof, the evidence on which the conclusions of the court are based and the Acts which were applied by the court. In a judgment, the court shall substantiate its reasons for not agreeing with the factual allegations of the plaintiff or the defendant. The court shall analyse all evidence in a judgment. If the court disregards any evidence, it shall justify this in the judgment. If an alternative claim is satisfied, refusal to satisfy another alternative claim need not be substantiated.
(9) A judgment shall also set out the replacement of participants in the proceeding and the information concerning the previous participants in the proceeding as necessary.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(10) A county court may set out in a judgment made in the matter specified in subsection 405 (1) of this Code that it grants permission to appeal the judgment. The court grants such permission above all if, in the opinion of the county court, the decision of the court of appeal is necessary for the purpose of obtaining the position of the circuit court concerning a legal provision. The grant of a permission to appeal need not be reasoned in the judgment.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 443. Conclusion of court judgment for termination of application of standard terms

(1) In addition to the mandatory content of a court judgment, the conclusion of a court judgment for termination of application of an unfair standard term or for termination and withdrawal by the person recommending application of the term of recommendation of the term shall set out:
1) the wording of the standard term which is being prohibited;
2) types of transactions to which the standard term must not be applied;
3) a clearly expressed requirement to refrain from further application or recommendation of similar standard terms.
(2) The conclusion of a court judgment whereby the person recommending application of a standard term is obliged to terminate recommending and to withdraw the recommendation of the term shall, in addition, set out the requirement to communicate the court judgment in the same manner as the recommendation was communicated. The court may require that the user of the standard terms communicate the court judgment specified in subsection (1) of this section in the manner determined by the court or may determine an additional manner for communication of the judgment.

§ 444. Simplification and omission of descriptive part and statement of reasons of judgment

(1) In the descriptive part of a judgment the court may omit the allegations made about claims, the objections and provided evidence, likewise the position of a state or local government agency.
(2) If the court conducts simplified proceedings in an action, it may confine itself in the statement of reasons of a judgment to setting out only the legal reasoning and the evidence on which the conclusions of the court are based.
(3) The court may make a judgment by default or a judgment based on admittance of the claim without the descriptive part and statement of reasons.
(4) The court may omit the descriptive part and statement of reasons from a judgment not specified in subsection (3) of this section if the participants in the proceeding have consented thereto or if the court conducts simplified proceedings in the action. In such case the judgment shall set out that the court supplements the judgment in accordance with the provisions of subsection 448 (41) of this Code if a participant in the proceeding notifies the court, within ten days after service of the judgment, of his or her wish to file an appeal against the judgment. The court explains in the judgment the consequences of failure to provide a notice of the wish to file an appeal.
(5) In order to ascertain the position of a participant in the proceeding concerning the omission of the descriptive part and statement of reasons, the court may announce the conclusion of the judgment orally in the court session and explain the reasons of the judgment orally. The consent of a participant in the proceeding to omit the descriptive part and statement of reasons from the judgment is indicated in the minutes of the court session.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 445. Determination of procedure for and term of compliance with judgment

(1) In the judgment, the court may determine, at the request of a party, the manner of and procedure for compliance with the judgment, set out the term or due date therefor, and indicate the fact that the judgment is subject to immediate enforcement or that compliance with the judgment is secured by a measure for securing an action. If the parties have filed claims against each other in the proceeding which are subject to a set-off and the court satisfies the claims of both parties in full or in part, the claims of the parties are set off in the conclusion to the extent such claims are satisfied.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) If an action is satisfied by a judgment or the court terminates a proceeding by a compromise, the court leaves the applied measure for securing the action in force as a measure to secure compliance with the court decision, provided that this is clearly necessary for securing compliance with the decision and the party in favour of whom the court decided or the parties to the compromise agreement do not request cancellation of the measure.
(3) If a judgment or a part thereof is subject to immediate enforcement, the conclusion of the judgment shall indicate such fact.
(4) At the request of the defendant who is a successor, the court may make a judgment with a reservation with regard to limited liability of the successor.
(5) If the court has established infringement of copyright or related rights or industrial property rights or disclosure of incorrect information regarding a person in a judgment, the court may, at the request of the plaintiff, prescribe by the judgment that the information contained therein must be made public at the expense of the defendant in the manner determined by the court, or that the judgment must be published in part or in full.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 446. Judgment in favour of several plaintiffs or against several defendants

(1) In a judgment in favour of several plaintiffs, the court indicates the extent to which a claim is satisfied in favour of each plaintiff. If a claim is satisfied jointly and severally in favour of
several plaintiffs, this shall be indicated in the judgment.
(2) In a judgment against several defendants, the court indicates the extent to which each defendant shall comply with the judgment. If the liability is joint and several, this shall be indicated in the judgment.

§ 447. Correction of mistakes in judgment

(1) A court which makes a judgment cannot annul or amend the judgment after it is made public unless otherwise provided by law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) The court corrects at all times any spelling or calculation mistakes or obvious inaccuracies in a judgment if such corrections do not affect the content of the judgment. The court corrects mistakes by a ruling. The court may hear the participants in the proceeding prior to making the ruling.
(3) A notation concerning a ruling on the correction of mistakes in a judgment is made on the judgment and on any transcripts thereof issued after the ruling is made. The court serves the ruling on the correction of mistakes in the judgment on all persons on whom the judgment was served.
(4) An appeal may be filed against a ruling on the correction of mistakes in a judgment.

§ 448. Supplemental judgment

(1) A court which adjudicates a matter may, at the request of a participant in the proceeding or at its own initiative, make a supplemental judgment if:
1) some of the filed claims or petitions have not been resolved,
2) the court which decided to recognise the right of the plaintiff has failed to indicate the amount of money which is to be paid by the defendant, the thing which is to be delivered by the
defendant or the act which the defendant is obligated to perform;
3) the court has failed to adjudicate the division of procedural expenses; [RT I 2008, 59, 330 - entry into force 01.01.2009]
4) the court has failed to indicate a reservation on setting off claims in a partial judgment;
5) the court has failed to indicate a reservation on further protection of the defendant's rights in a judgment made in a documentary proceeding.
(2) A petition for making a supplemental judgment may be filed within ten days after a judgment is served. A court may make a supplemental judgment at its own initiative within 20 days after the judgment is made public.
(3) If there is desire to enforce a judgment lacking a descriptive part or statement of reasons outside of the Republic of Estonia, a party may request that the court supplement the judgment with the descriptive part or statement of reasons even after the expiry of the term specified in subsection (2) of this section.
(4) The court holds a session for making a supplemental judgment unless the matter has been adjudicated without holding a court session. The participants in the proceeding are notified of the time and place of the session at least three days in advance; however, their absence from the
court session does not prevent the making of the supplemental judgment. A petition for making a supplemental judgment is served on the opposing party in advance.
(41) The court supplements a judgment made without the descriptive part or statement of reasons on the basis of subsection 444 (4) of this Code with the omitted part if a participant in the proceeding notifies the court within ten days after service of the judgment of his or her wish to file an appeal against the judgment. The wish to file an appeal need not be reasoned. The supplementation of a judgment is adjudicated in written proceedings. The other participant in the proceeding is not notified about the supplementation of the judgment. The court may also
prepare the court judgment in accordance with the provisions of subsections 444 (1) and (2) of this Code. In the case of supplementation of a judgment with the omitted part, the term for filing an appeal commences again from the service of the supplemental judgment.
[RT I, 21.12.2012, 1 - entry into force 01.01.2013]
(42) If a participant in a proceeding fails to notify the court of his or her wish to file an appeal against a judgment without the descriptive part and statement of reasons within the term provided in subsection (41) of this section, it is deemed that he or she has waived the right to file an appeal.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(5) A supplemental judgment constitutes a part of the judgment which is supplemented. A supplemental judgment may be appealed like any other judgment. In the case of filing an appeal against a judgment which is supplemented it is presumed that the supplemental judgment is also appealed.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(6) If a petition for making a supplemental judgment is not satisfied, the court makes a ruling to such effect. A ruling by a county court or circuit court on refusal to make a supplemental judgment is subject to appeal. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.

§ 449. Interim judgment

(1) Upon hearing an action for receiving money and above all, an action for compensation for damage, where proving the amount of the claimed sum is extremely costly or difficult but the court is able to decide on whether the claim is found to be reasoned or unreasoned then, at the request of a party, the court may make an interim judgment on whether the claim is found to be reasoned or unreasoned.
(2) For the purposes of filing appeals, an interim judgment on whether a claim is found to be reasoned or unreasoned is deemed to be equal to a final judgment. If a claim is found to be reasoned by an interim judgment, the court continues the proceeding to determine the amount of the claim and makes a corresponding judgment. If the court finds the claim to be unreasoned, the court makes the final judgment and discontinues the proceeding in the matter.
(3) The court may also make an interim judgment concerning a petition for application of a limitation period regarding a petition which, for the purposes of filing appeals, is equal to a final judgment. If the court refuses to apply a limitation period, the court makes an interim judgment to such effect and continues the proceeding. If the court finds the claim to be expired, the court makes the final judgment and discontinues the proceeding in the matter.

§ 450. Partial judgment

(1) If several separate, related claims are combined in one proceeding or if one claim, or a part of a claim filed in one action or in the case of filing of a counterclaim, only the claim or counterclaim is ready for making the final judgment, then the court may make a separate judgment on each claim if this expedites the hearing of the matter. The court continues the proceeding with regard to the claims which have not been adjudicated.
(2) If the court satisfies, by a partial judgment, an action against which a counterclaim or objection for setting off the claim of the action has been filed, the court indicates in the conclusion of the judgment that the judgment may be annulled or amended upon adjudication of the counterclaim or objection for set-off (reservation).
(3) A partial judgment made with a reservation concerning set-off is a final judgment for the purposes of the filing of appeals and compulsory enforcement.
(4) If, in the case of a partial judgment with a reservation concerning set-off, the counterclaim for set-off is satisfied or, based on the objection for set-off, the action is refused to be satisfied in part or in full, the court also annuls the judgment with the reservation to the extent of the set-off or amends it.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) In the case specified in subsection (4) of this section, the plaintiff shall compensate the defendant for the damage caused by the compulsory enforcement of the judgment or the measures applied for prevention of compulsory enforcement thereof.

§ 451. Judgment in documentary proceeding

(1) In the case of a documentary proceeding, an action is also dismissed if the plaintiff fails to prove the claim thereof by the evidence permitted in documentary proceedings. In such case the action may be filed again in ordinary proceedings.
(2) If, regardless of the defendant's objections, the court satisfies a claim in a documentary proceeding, the court makes a judgment with a reservation whereby the defendant is granted the right to protect the interests thereof in the future.
(3) For the purposes of filing of appeals and compulsory enforcement, a judgment with a reservation is deemed to be a final judgment.
(4) If a judgment with a reservation is made in documentary proceedings concerning the rights of the defendant, the dispute is continued by way of ordinary actions. If the plaintiff's claim is found to be unreasoned, the provisions of subsections 450 (4) and (5) of this Code apply. If an objection, the submission of which was permitted in documentary proceedings, is adjudicated by a judgment with a reservation, the defendant may resubmit the objection at a later time only if
the judgment with a reservation is annulled or amended.

§ 4511. Adjudication of petitions during term for filing of appeals

(1) If, after the making of a decision and before the entry thereof into force and filing of an appeal in the matter, a petition for refusal to hear the action or for termination of the proceeding in the matter, including due to discontinuance of the action or a compromise, is filed or a petition related to securing the action or another similar petition is filed, the petition is adjudicated by the court that has made the decision. In the case of satisfying the petition for refusal to hear the
action or termination of the proceeding, the court may, by a ruling, annul the decision made and refuse to hear the action or terminate the proceeding in the matter.
(2) After the filing of an appeal, the acts specified in subsection (1) of this section may be made by a circuit court even if the appeal has not been accepted yet.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 452. Making public of judgment

(1) A court judgment is made public by pronouncement or through the court office.
(2) A judgment is pronounced in a session which concludes the hearing of the matter or is made public immediately after the court session through the court office.
(3) If a judgment is not made in the court session in which the matter is heard, the court announces the time and manner of the making public of the court judgment in the session in which the hearing of the matter is concluded. If a matter is adjudicated without holding a court session or if a participant in the proceeding fails to participate in the court session, the court communicates the time of the making public of the judgment to the participants in the proceeding. The court also informs the participants in the proceeding of any changes to the time of the making public of the judgment.
(4) A judgment may be made public later than within 20 days after the last session for hearing the matter or, in the case of written proceedings, after the expiry of the due date for the submission of petitions and documents only with good reason, above all, due to the large volume or particular complexity of the case. The date for the making public of a judgment shall not be
set for a later time than within 40 days after the last session in which the matter is heard or, in the case of written proceedings, after the expiry of the due date for the submission of petitions and documents.
(5) The date for the making public of a judgment and any changes therein are also published on the website of the court immediately after determining such date, setting out the number of the civil matter, the names of the participants in the proceeding and the general description of the civil matter. If a judgment is made in a closed proceeding, only the date for the making public of the judgment and any changes therein, the number of the civil matter and a notation that the proceeding is closed are published. The date for the making public of a judgment is removed from the website when 30 days have passed from the date of making the judgment public.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(6) For the reason specified in subsection 38 (1) or (2) of this Code, the court has the right to make public, based on a reasoned ruling, only the conclusion of a judgment.
(7) Within the term for the making public of a judgment, the court may at first communicate the judgment without the descriptive part and statement of reasons and, among other, it may pronounce orally the conclusion of the judgment only. A judgment need not be made public in its entirety if, prior to the making public of the entire judgment, the parties inform the court in writing or in a court session that they waive the right to file an appeal against the judgment or if the parties are deemed to have waived the right to file an appeal pursuant to this Code. The court explains such right during the making public of the judgment in part.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 453. Procedure for making public of judgment through court office and issue of transcripts of judgment

(1) A judgment is made public through the court office where, during the term for the filing of appeals, the participants in the proceeding have the right to examine the judgment and obtain a transcript thereof. If a judgment is prepared electronically, the participants in the proceeding are issued a printout. A transcript or printout is signed and certified by the seal of the court by an authorised employee of the court office. A judgment which is certified in the information system of the court and made available to a person through the e-file system is not signed and certified
with the seal.
[RT I 2009, 67, 460 - entry into force 01.01.2010]
(2) The provisions of subsection (1) of this section do not preclude or restrict the obligation of the court to serve a judgment on the participants in the proceeding unless the judgment is delivered to the participants in the proceeding in the manner specified in subsection (1) of this section.
(3) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 454. Procedure for pronouncing judgment

(1) A judgment is pronounced by reading out the conclusion of the judgment.
(2) Where necessary, the court also pronounces a judgment by reading out the statement of reasons or making a summary of the essential contents thereof.
(21) The text of the judgment need not be duly prepared and signed by the time of pronouncing the judgment, but the pronouncing shall be entered in the minutes. In such case the judgment shall be prepared in writing within ten days after the pronouncing thereof.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) Upon pronouncing a judgment, the court explains the procedure and term for filing appeals against the judgment to the participants in the proceeding who are present.
(4) The validity of pronouncement of a judgment is not affected by the presence of the participants in the proceeding. A judgment is also deemed to have been pronounced with regard to the participant in the proceeding who was absent from the session in which the judgment was pronounced.
(5) A judgment by a collegial court panel is pronounced by the presiding judge.

§ 455. Service of court judgments

(1) The court serves a judgment on the participants in the proceeding.
(2) If personal data subject to entry in a register are altered by a court judgment, the court sends a transcript of the court judgment to the registrar.

§ 456. Entry into force of court judgment

(1) A court judgment enters into force when it can no longer be contested in any other manner except by review procedure.
(2) A judgment of a county court enters into force above all, if:
1) the term for filing appeals has expired and no appeal has been filed during the term;
2) the circuit court does not accept an appeal, or refuses to hear or satisfy an appeal, or appeal proceedings are terminated and, within the term for filing appeals in cassation, an appeal in cassation is not filed against the decision of the circuit court;
3) the circuit court does not accept an appeal, or refuses to hear or satisfy an appeal, or appeal proceedings are terminated and an appeal in cassation filed against the decision of the circuit court is not accepted, hearing thereof is refused or the appeal in cassation is not satisfied, or the cassation proceedings are terminated.
(3) A judgment by default enters into force if against such judgment, no petition to set it aside or no appeal is filed, or if the petition to set aside the default judgment is not heard or satisfied, or if a decision of a circuit court concerning the appeal enters into force.
(4) Lawful contestation of a court judgment suspends the entry into force of the court judgment. If a part of a court judgement is contested, the uncontested part of the court judgment enters into force.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 457. Consequences of entry into force of judgment

(1) A court judgment which has entered into force is binding on the participants in the proceeding in the part, where a claim filed by an action or counterclaim is adjudicated on the basis of circumstances which constitute the cause of the action unless otherwise provided by law. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) If, in the course of a proceeding, the defendant has filed an objection for set-off against the claim of action, the judgment is binding on the participants in the proceeding also to the extent to which the existence and set-off of the counterclaim is not recognised.
(3) The descriptive part of a court judgment is presumed to certify the petitions made by the participants in the proceeding in the course of the proceeding.
(4) A judgment made in a family matter or a filiation matter which entered into force during the lifetime of the parties concerning the existence, termination or absence of a legal relationship applies to all persons. A court judgment establishing filiation or curatorship of a parent does not apply to a person who considers himself or herself to have such right but who was not a participant in the proceeding.
(5) A court judgment concerning revocation or establishment of invalidity of a decision of a body of a legal person applies to all the partners, shareholders and members of such legal person and to all of its bodies and members thereof even if they did not participate in the proceeding.
(6) If in the case of obligatory liability insurance, a court judgment which has entered into force has established with respect to the insurer or the policyholder that the injured party has no claim for compensation for damage, the judgment applies to both the insurer and the policyholder irrespective of whether or not they both participated in the proceeding.
(7) If a person applying a standard term violates a court judgment whereby termination of the application of the standard term is required, the standard term is deemed to be invalid if the other contracting party relies on the court judgment. The above does not apply if the person applying the term has the right to file an action for declaration of inadmissibility of compulsory enforcement of the court judgment.

§ 458. Notation on entry into force of judgment

(1) A notation certifying the entry into force of a judgment is issued, based on the application of a participant in the proceeding and the court file, by the court office of the county court which adjudicated the matter. The notation is entered on a transcript or printout of the court judgment. The notation is signed and certified by the seal of the court.
(2) A notation on entry into force may be issued electronically by the person prescribed in the internal rules of the court who signs it with the digital signature. An electronic notation on entry into force is not certified by the seal of the court.
[RT I 2009, 67, 460 - entry into force 01.01.2010]
(3) A court which issues notations on entry into force keeps account of the entry into force of court judgments and the notations on entry into force which have been issued.
[RT I 2009, 67, 460 - entry into force 01.01.2010]
(4) The Minister of Justice may establish specific requirements for the format for electronic notations on entry into force, the issue thereof and keeping account of notations on entry into force by a regulation.
[RT I 2009, 67, 460 - entry into force 01.01.2010]

§ 459. Amendment of judgment which has entered into force in part of recurring obligations

(1) After the entry into force of a judgment whereby the defendant is ordered to make payments by instalment or to perform other recurring obligations, a party has the right to require the alteration of the amounts or terms of payment in the judgment by a new action, if:
1) the circumstances based on which the judgment satisfying the claim was made and which affect the amount or duration of payments have changed significantly; and
2) the circumstances which caused the filing of the action arose after the hearing of the matter, during which the claim of action could have increased or objections could have been filed, ended.
(2) The judgment may be amended as of the time of filing a new action unless, according to law, amendment of the judgment may also be demanded retroactively.

§ 460. Validity of judgment in respect of legal successors

(1) A judgment which has entered into force also applies to the persons who became the legal successors of the participants in the proceeding after the action was filed. A judgment also
applies to the direct possessor of a contested thing if the person acquired possession of the thing because one of the parties or a legal successor thereof acquired indirect possession of the thing.
(2) A judgment does not apply to a legal successor of a participant in a proceeding if the person acquired a contested thing and was not aware of the court judgment or the filing of the action at the time of the acquisition.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) In the case of transfer of an encumbered immovable, a judgment concerning a claim arising from a real encumbrance or mortgage applies to a legal successor even if the legal successor was not aware of the filing of the action. If an auction is held in the course of compulsory enforcement, the judgment applies to the person who acquires the immovable only if the filing of the action was announced not later than the call for submission of tenders.
(4) The provisions of subsection (3) of this section also apply to a court judgment concerning a claim arising from a maritime mortgage entered in the ship register or a right of security entered in the register of civil aircraft.

§ 461. Enforcement of judgment

(1) A judgment is enforced after entry into force thereof unless the judgment is subject to immediate enforcement.
(2) If, according to a judgment, the Republic of Estonia or a local government is the debtor, the court judgment shall be complied with within 30 days after entry into force thereof unless the judgment is subject to immediate enforcement or a different term is prescribed by the judgment. [RT I 2009, 68, 463 - entry into force 10.01.2010]
(3) A judgment is enforced on the basis of a petition of a claimant. (4) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 462. Publication of court judgment entered into force in computer network

(1) A court judgment which has entered into force is published in the computer network at a place prescribed for such purpose. This does not affect the entry into force of the judgment. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) At the request of a data subject or on the initiative of the court the name of the data subject is replaced in a court judgment which has entered into force with initials or a character and the personal identification code, date of birth, registry code and address of the data subject are not published. The data of the state or local government agency, a legal person in public law or other public authority are not concealed in a court decision.
[RT I 2007, 12, 66 - entry into force 25.02.2007]
(3) The court publishes on its own initiative or at the request of the data subject only the conclusion of the judgment or does not publish the judgment if the judgment contains sensitive personal data and publication of the judgment together with the personal data may materially breach the inviolability of private life of the person even if the provisions of subsection (2) of this section are applied. The court adjudicates the request by a ruling.
[RT I 2007, 12, 66 - entry into force 25.02.2007]
(4) A court publishes on its own initiative or at the request of an interested party only the conclusion of a judgment which has entered into force if the judgment contains information regarding which another restriction on access is prescribed by law.
(5) A person who submitted a request may file an appeal against a ruling of a county court or circuit court on the refusal to satisfy a request specified in subsections (2)–(4) of this section. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.
[RT I 2007, 12, 66 - entry into force 25.02.2007]

Division 2 Court Ruling

§ 463. Court ruling

(1) The court adjudicates the procedural petitions of the participants in the proceeding and
directs and organises the proceeding by way of rulings. In the cases provided by law, a court may adjudicate a matter by a ruling.
(2) The provisions concerning judgments apply correspondingly to rulings unless otherwise provided by law or determined by the nature of the ruling.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 464. Making of ruling

(1) A ruling may be made without holding a court session and without hearing the participants in the proceeding unless otherwise prescribed by law.
(2) The court may make oral and written rulings in a court session. Oral rulings are pronounced promptly and recorded in the minutes. If a court ruling is subject to appeal pursuant to law, the ruling shall be made in writing in the Estonian language and shall be signed.
(3) A ruling which the court makes outside of a court session is made in writing. If formalising the entire ruling pronounced in a court session requires more time, the court may postpone the formalising for up to ten days.
(4) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 465. Content of ruling

(1) A ruling shall set out the person concerning whom the ruling was made as well as the content of the ruling.
(2) A written ruling which is subject to appeal sets out:
1) the name of the court which made the ruling and the name of the judge;
2) the time and place of making the ruling;
3) the number of the civil matter;
4) the names of the participants in the proceeding and their representatives if the participants in the proceeding can be determined at the time the ruling is made;
5) the object of the proceeding in which the ruling is made;
6) the object of the ruling;
7) the conclusion, and the procedure and term for appeal;
8) the reasons on the basis of which the court reached its conclusions and the legislation pursuant to which the court acted.
(3) If a ruling is to be made public, the ruling also sets out the time and place of making the ruling public.
(4) The personal identification codes or registry codes and addresses of the participants in the proceeding are specified in a ruling only if this is presumed to be necessary for enforcing the ruling. If a natural person has no personal identification code, his or her date of birth is indicated in a ruling where necessary. If a legal person has no registry code, a reference to the legal grounds of the legal person is made in a ruling where necessary.

§ 466. Communication and entry into force of ruling

(1) Rulings which are enforcement instruments and rulings subject to appeal are served on the participants in the proceeding. Other written rulings which concern a participant in the proceeding are communicated to the participants in the proceeding in a manner selected by the court.
(2) A ruling whereby the court refuses to hear an action or terminates the proceeding is also made public pursuant to the procedure for making public of court judgments.
(3) A ruling which is subject to appeal enters into force after the ruling is no longer subject to appeal pursuant to law or after the entry into force of a court decision, whereby the court refuses to accept or hear an appeal against the ruling. Other rulings enter into force as of their service or communication unless otherwise prescribed by law.
(4) Only rulings on termination of proceedings or refusal to hear an action which have entered into force are made public in the computer network.

Division 3 Immediate Enforcement of Decision

§ 467. Immediate enforcement

(1) A court judgment declared to be subject to immediate enforcement is enforced prior to the entry into force of the judgment. The court declares a judgment to be subject to immediate enforcement in the judgment itself or by a ruling.
(2) A judgment made in a matrimonial or filiation matter, except in a proprietary dispute related to marriage, shall not be declared to be subject to immediate enforcement.
(3) After the expiry of a term for appeal, the declaration of a judgment of a court of first instance against which an appeal has been filed to be subject to immediate enforcement is decided by the circuit court.
(4) After the expiry of a term for cassation, the declaration of a decision of a circuit court against which an appeal has been filed to be subject to immediate enforcement is decided by the
Supreme Court.
(5) A court ruling is subject to immediate enforcement unless otherwise provided by law.

§ 468. Immediate enforcement without security

(1) The following is declared to be subject to be immediate enforcement on the initiative of the court without ordering a security:
1) a judgment based on admittance of claim;
2) a judgment by default;
3) a judgment made in documentary proceedings;
4) a judgment for elimination of the violation of possession or prevention of further violation of possession, or for restoration of possession made in accordance with § 44 or § 45 of the Law of Property Act.
(2) In the case of the declaration of a judgment to be subject to immediate enforcement in the case specified in clause (1) 3) or 4) of this section, the court also prescribes a security the provision of which prevents immediate enforcement of the judgment.
(3) A judgment for ordering support or for compensation for damage caused by an injury or
other damage to a person's health is declared to be subject to immediate enforcement by the court at the request of the plaintiff to the extent considered to be of urgent necessity for the plaintiff. [RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 469. Immediate enforcement against security

(1) The court declares a judgment not specified in § 468 of this Code to be subject to immediate enforcement at the request of a party on the condition that such party provides a security for enforcement. Such request may be filed before or after the judgment is made.
(2) A security for immediate enforcement shall cover the damage which may be caused to the debtor by the immediate enforcement of the judgment or as a result of measures taken in order to prevent immediate enforcement.
(3) If a party is unable to provide a security to the extent specified in subsection (2) of this section, the court may, at the request of the party, release the party from the obligation to provide a security, reduce the amount of security, order its payment in instalments or declare the
judgment to be subject to immediate enforcement in part if the postponement of the enforcement would be unfair to the claimant and above all if this would significantly interfere with the satisfaction of the vital needs or performance of the economic or professional activities of the claimant, or would otherwise clearly result in considerable damage.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 470. Adjudication of immediate enforcement by ruling

(1) If immediate enforcement was not decided by a judgment or a corresponding request was submitted after the judgment was made, the court hears the request of the party for immediate enforcement of the judgment in a court session, unless the matter was adjudicated without holding a court session. The request is adjudicated by a ruling.
(2) Upon the filing of a request for immediate enforcement, the court serves such request on the opposing party and gives such party an opportunity to formulate a position on the request.
(3) If the petition is subject to adjudication in a court session, the participants in the proceeding are immediately notified of the time and place of the court session in which the petition will be adjudicated, but their absence does not interfere with the adjudication of the immediate enforcement.
(4) A ruling of a county court or circuit court on immediate enforcement is subject to appeal. A ruling of a circuit court concerning an appeal against a ruling of a county court is not subject to appeal to the Supreme Court.
(5) Appeal against a ruling on the declaration of a judgment to be subject to immediate enforcement does not suspend the immediate enforcement of the judgment.

§ 471. Return of security

The court which decided on the provision of a security makes a ruling on the return of the security on the basis of a petition of the party who requested immediate enforcement of a judgment upon the submission of proof concerning the entry into force of the judgment declared to be subject to immediate enforcement. If the security was a surety or guarantee, the court orders termination thereof.

§ 472. Contestation of decision subject to immediate enforcement

(1) In the case where an appeal or an appeal against a ruling is filed against a decision subject to immediate enforcement, the circuit court, and also the county court in the case of an appeal against a ruling, may order, based on a reasoned appeal, that:
[RT I 2008, 59, 330 - entry into force 01.01.2009]
1) enforcement of the decision is suspended without a security or against a security;
2) enforcement of the decision may be continued only against a security;
3) the enforcement action is revoked against a security.
(2) In the case specified in subsection (1) of this section, the court may suspend, without ordering the provision of security, the enforcement proceeding pursuant to the procedure prescribed for the grant of procedural assistance only if the debtor substantiates that he or she is unable to provide the security and enforcement of the decision would result in damage which clearly cannot be compensated for.
(3) If a petition to set aside a default judgment is filed against a default judgment which has been declared to be subject to immediate enforcement, the petition specified in subsection (1) of this section is adjudicated by the court hearing the petition to set aside the default judgment. Enforcement proceedings which are based on a default judgment are suspended only against a security.
(4) If an appeal in cassation or an appeal against a ruling is filed with the Supreme Court against a decision subject to immediate enforcement, the Supreme Court suspends the enforcement proceeding based on a reasoned petition of the debtor if enforcement would result in significant damage to the debtor and the interests of the claimant do not justify immediate enforcement.

§ 473. Prevention of immediate enforcement by debtor

(1) The court may order on the basis of a petition of the debtor that the debtor may prevent immediate enforcement either by providing a security or, in the case of compulsory enforcement of a restitution claim, by depositing the claimed object in the account prescribed for such purpose or with the bailiff unless the claimant provides a security prior to enforcement.
[RT I, 31.01.2014, 6 - entry into force 01.04.2014]
(2) A security provided in order to prevent immediate enforcement of a decision must cover any possible damage likely to be caused to the claimant as a result of failure to immediately comply with the decision.

§ 474. Annulment and amendment of decision subject to immediate enforcement

(1) If a decision to annul or amend a decision has been made public, such decision shall not be subject to immediate enforcement. In the case of amendment of a decision, the unamended part of the decision may be enforced immediately.
(2) If a decision subject to immediate enforcement is amended or annulled, the claimant is required to return to the debtor that which the claimant received by way of compulsory enforcement or to compensate the debtor for the costs incurred thereby in order to prevent compulsory enforcement. The debtor also has the right to demand compensation for damage to an extent exceeding such amount.
(3) If in a proprietary dispute, a decision of a circuit court subject to immediate enforcement is amended or annulled, the debtor may, instead of following the course of action provided for in subsection (2) of this section, demand, pursuant to the provisions concerning unjust enrichment, that the claimant return that which was paid or handed over based on the decision. It is presumed upon adjudication of an action for delivery of the object of unjust enrichment that the recipient was aware of the circumstances which provide the basis for claiming the return of that which was received.
(4) The security provided by the claimant for compensation for damage likely to be caused to the debtor is returned to the claimant if, within two months after the entry into force of the annulment or amendment of the decision subject to immediate enforcement, the debtor has not filed an action for compensation for damage or for claiming the object of unjust enrichment.

Part 11 PROCEEDINGS ON PETITION Chapter 48 GENERAL PROVISIONS

§ 475. Matters on petition

(1) Matters on petition are:
1) expedited procedure in matters of payment order;
2) calling proceedings;
3) declaration of a person dead and establishment of time of death of a person;
4) establishment of custody over property of an absent person;
5) appointment of a guardian for an adult with restricted active legal capacity;
6) placing of a person in a closed institution;
7) imposition of a restraining order and other similar measures for the protection of personality rights;
8) family matters on petition;
9) application of estate management measures;
10) registry matters,
11) appointment of a substitute member of a management board or supervisory board, auditor, auditor for special audit or liquidator of a legal person;
12) determination of the amount of compensation payable to the partners or shareholders of a company;
121) compulsory dissolution of a legal person; [RT I 2008, 59, 330 - entry into force 01.01.2009]
122) initiation of a bankruptcy proceeding, declaration of bankruptcy and matters related to bankruptcy proceedings which cannot be adjudicated in actions;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
13) apartment ownership and common ownership matters;
131) matters of access to public road and tolerating utility works; [RT I 2008, 59, 330 - entry into force 01.01.2009]
14) recognition and enforcement of decisions of foreign courts;
141) matters in arbitration proceedings to be adjudicated by the court; [RT I 2008, 59, 330 - entry into force 01.01.2009]
15) complaints against decisions of bailiffs;
151) appeals against decisions of the Industrial Property Committee; [RT I 2008, 59, 330 - entry into force 01.01.2009]
152) adjudication of an application for performance of a notarial act; [RT I 2010, 26, 128 - entry into force 14.06.2010]
16) deciding on the grant of state legal aid on the basis of an application submitted in extrajudicial proceedings and determination of the state legal aid fee and state legal aid costs in extrajudicial proceedings pursuant to the State Legal Aid Act;
17) other civil matters provided by law as matters on petition.
(2) The court also hears such other matters in proceedings on petition which are placed within their jurisdiction by law and which cannot be heard in actions.

§ 476. Initiation of proceeding on petition

(1) A proceeding on petition is initiated at the initiative of the court, or based on a petition of an interested party or agency.
(2) In the cases prescribed by the law, the court initiates a proceeding on petition only on the basis of a petition of an entitled person or agency.

§ 477. Hearing of matters on petition

(1) The court hears a matter on petition pursuant to the provisions concerning actions, taking into account the specifications provided for proceedings on petition.
(2) The court may hear and adjudicate matters on petition without holding a court session unless the obligation to organise a court session is prescribed by law.
(3) Absence of the persons summoned to the court session does not prevent the hearing or adjudicating of a matter unless otherwise ordered by the court. A matter on petition shall not be adjudicated by a ruling by default.
(4) A participant in a proceeding shall be heard at the request thereof unless otherwise provided by law. A person is heard personally and orally. A court session need not be organised for this purpose and the hearing need not be conducted in the presence of other participants in the proceeding unless otherwise provided by law. The court may also hear a person by phone or deem a written or electronically presented position of a person to be sufficient for the purpose of hearing the person if the information and position obtained from the person in such manner can
be sufficiently evaluated in the opinion of the court. The hearing of a person and any significant circumstances related thereto shall be indicated in the ruling which terminates the proceeding.
(5) Unless otherwise provided by law, the court is not bound by the petitions submitted by the participants in the proceeding or by any circumstances, and the evaluation by the participants in the proceeding of the circumstances.
(6) If a proceeding can be initiated only on the basis of a petition, the petitioner may withdraw the petition like an action in actions. In proceedings on petition, the participants in the
proceeding may agree on a compromise if they are able to dispose of the right which is the object of the action.
(7) The court shall verify the conformity of a petition to law and whether the petition is proven even if no objection is submitted to the petition. If necessary, the court orders the petitioner to submit evidence or takes evidence at its own initiative.
(8) In matters on petition, a procedural act is entered in the minutes only if the court considers it necessary and to the extent the court considers it necessary. The participants in the proceedings have no right to apply for correction of the minutes in accordance with the provisions of § 53 of this Code. Objections to the minutes can be filed by filing an appeal against the decision made on the matter. If no minutes are prepared, the significant circumstances related to the procedural acts shall be set out in the court decision.
(9) An application filed by an applicant, petitions filed by the petitioners and other procedural documents as well as summonses are communicated in the proceedings on petition to the participants in the proceeding in the manner selected by the court. The manner of communication shall be set out in the file. Procedural documents shall be served in the proceedings on petition
on the participants in the proceeding only if this is prescribed by law. [RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 4771. Provisional legal protection

(1) Provisional legal protection can be applied in proceedings on petition only in the cases provided by law.
(2) Provided that provisional legal protection can be applied pursuant to law, this can be done if it is necessary for the preservation or temporary regulation of an existing situation or status unless otherwise provided by law. Unless otherwise provided by law, the provisions concerning securing an action apply to provisional legal protection.
(3) If a proceeding can be initiated only on the basis of a petition, the court may apply provisional legal protection and annul or amend the ruling on provisional legal protection only on the basis of a petition unless otherwise provided by law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 4772. Supervision over persons appointed by court

(1) If the court has appointed a guardian, administrator, liquidator or such other person in a proceeding on petition, the court also conducts supervision over these persons unless otherwise provided by law. For this purpose, the court may also give orders to the person for the performance of assignments and demand from such person the submission of reports on the performance of the assignments. A person may ask the court for explanations concerning the performance of the assignments. After performance of the assignments, a respective report shall be submitted to the court unless the court rules otherwise.
(2) If a person appointed by the court fails to perform his or her assignments duly or fails to comply with the orders given by the court, the court may impose a fine on the person and release the person from office. The person may file an appeal against such ruling.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 478. Ruling made in proceeding on petition and entry into force thereof

(1) A court ruling is the decision in a proceeding on petition. Unless otherwise provided by law, the provisions concerning court rulings made in actions apply to the court rulings.
(2) A ruling need not be reasoned if a petition is satisfied and no rights of any participant in the proceeding are restricted by the ruling. This is not applied in the matters of placement of a person in a closed institution, adoption and guardianship as well as if there is reason to presume that the ruling is subject to recognition and enforcement outside of the Republic of Estonia.
(3) A ruling enters into force according to the provisions of subsection 466 (3) of this Code. (4) Unless otherwise provided by law, a ruling takes effect and is subject to enforcement,
regardless of its entry into force, immediately on the day of its communication to the persons concerning whom, according to the content of the ruling, the ruling was made. Unless otherwise provided by law, the court may determine that a ruling is subject to enforcement in part or in full from a later time, but not later than upon entry into force thereof. A ruling, whereby consent or approval was granted for making a transaction or a declaration of intention of a person was replaced, is subject to enforcement upon entry into force thereof.
(41) If a ruling is made public, it takes effect and is subject to enforcement from the making of the ruling public unless otherwise provided by law.
[RT I, 06.12.2010, 1 - entry into force 05.04.2011]
(5) Rulings made in proceedings on petition which grant a right to a person or amend or terminate such right, including rulings on appointment of a person in office and rulings granting consent for making a transaction, apply with regard to all persons.
(6) At the request of a participant in a proceeding, the court may provide explanations on a ruling on termination of the proceeding made in a proceeding on petition, without amending the
content thereof, if this is necessary for enforcement, whereas the action specified in subsection
368 (2) of this Code cannot be submitted for explanations.
(7) A court ruling on providing or refusal to provide explanations concerning a ruling is subject to appeal. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 479. Communication of ruling

(1) A ruling in a matter on petition is made public only in the cases prescribed by law. Rulings which are subject to be made public are published pursuant to the procedure for publication of judgments prescribed by this Code also on the website of the court and in the computer network at the place prescribed for such purpose according to the provisions of § 462 of this Code. Rulings of the circuit court and the Supreme Court which terminate the proceedings on petition and have entered into force are published in the computer network even if they are not made public.
(2) A ruling made in a proceeding on petition which is subject to appeal is served by the court on the participants in the proceeding whose rights are restricted by the ruling. If a matter could be adjudicated on petition and the petition is not satisfied, the ruling on refusal to satisfy the petition is served on the petitioner.
(3) The ruling specified in subsection (2) of this section is communicated to the participants in the proceeding not specified in this provision in the manner selected by the court, including orally, by reading it out. The same applies to the communication of rulings not specified in subsection (2) of this section to the participants in the proceeding. The manner of communicating a ruling shall be set out in the file. A ruling shall also be communicated to a participant in the proceeding in writing at the request thereof.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 480. Amendment and annulment of ruling

(1) Unless otherwise provided by law, the court may amend a ruling whereby the court has granted or refused to grant consent for making a transaction or accepting a declaration of intention, or annul such ruling. The court may also annul a ruling or amend it if the ruling has a continual and not single effect and the circumstances serving as its basis or the legal situation have significantly changed.
(2) If a ruling may be made only based on a petition and the petition was not satisfied, such ruling may be amended or annulled only based on a petition.
(3) Annulment or amendment of a ruling whereby a person is granted the right to make a transaction or to accept a declaration of intention, including a ruling whereby the court grants consent for making a transaction does not affect the validity of any transactions made by or with regard to the person before the annulment or amendment.
(4) Unless otherwise provided by law, the provisions concerning rulings apply respectively to the validity and enforcement of a ruling on amendment or annulment of a ruling and to the filing of an appeal against such ruling.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 49 EXPEDITED PROCEDURE IN MATTERS OF PAYMENT ORDER Division 1 General Provisions

§ 481. Prerequisites for expedited procedure in matters of payment order

(1) A claim against another person arising from a private law relationship directed at the payment of a certain sum of money is adjudicated by the court based on a petition by way of expedited procedure prescribed for matters of payment order. This does not restrict the
petitioner's right to file a claim in actions; however, such claim shall not be filed at the same time the matter of the payment order is being heard by expedited procedure.
(11) Expedited procedure in matters of payment order is not applied to non-contractual claims, except for:
1) the claims arising from §§ 6 and 48 of the Motor Third Party Liability Insurance Act;
2) the claims concerning which the debtor has issued an acknowledgement of obligation or concerning which another agreement obligating performance has been entered into.
3) [Repealed - RT I, 13.03.2014, 3 - entry into force 23.03.2014]
(2) Expedited procedure in matters of payment order is not applied if:
1) the claim has not yet fallen due at the time the petition is filed, except for the claims for penalties for late payment specified in § 367 of this Code, or the filing of the claim depends on the performance of a mutual obligation and such obligation has not yet been performed;
[RT I 2006, 61, 457 - entry into force 01.01.2007]
2) [repealed - RT I 2008, 28, 180 - entry into force 15.07.2008]
3) the object of the claim is compensation of non-proprietary damage;
4) the claim is filed against a bankrupt;
5) the claim which is filed against several debtors does not arise from the same basis or obligation.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(21) Expedited procedure in matters of payment order is not applied to the collateral claims to the extent which exceeds the main claim.
[RT I 2008, 28, 180 - entry into force 15.07.2008]
(22) Expedited procedure in matters of payment order is not applied to the claims which amount exceeds 6400 euros. This amount includes both the main and collateral claims.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(3) In expedited procedure in matters of payment order, claims for support may be filed only taking account of the specifications provided in Division 2 of this Chapter.

§ 482. Petition for application of expedited procedure in matters of payment order

(1) A petition for application of expedited procedure in matters of payment order shall set out at least the following data:
1) the data of the parties and their representatives;
2) the data of the court with which the petition is filed;
3) the sum of money claimed, whereas the main claim and any collateral claims shall be set out separately, and in case a penalty for late payment is calculated, the rate of the penalty for late payment and the period for which it is calculated shall be indicated;
4) a short description of the circumstances which constitute the basis for the claim;
5) a short description of the evidence which the petitioner would be able to use in actions in proof of the claim;
6) a confirmation that the claim is collectible and does not depend on the performance of a mutual obligation, or that such obligation has been performed;
61) a confirmation that the petitioner has presented the information honestly and according to
his or her best knowledge, and that he or she is aware of the fact that presentation, knowingly, of false information to the court may result in criminal liability;
[RT I 2008, 28, 180 - entry into force 15.07.2008]
7) the data of the court which according to jurisdiction is entitled to adjudicate the claim which is the object of the payment order in actions or, in a matter arising from apartment ownership or common ownership, in a proceeding on petition.
(2) If the petitioner wishes the proceeding to be terminated if an objection is filed to the proposal for payment, the petitioner shall so indicate in the petition.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(3) If a petition for application of expedited procedure in a matter of a payment order is filed by a representative, he or she shall confirm in the petition that he or she holds the right of representation and shall make a reference to the basis of such right.
(4) A petition for application of expedited procedure in a matter of a payment order shall be filed with the court electronically such that processing thereof by the court would be possible, and the petition shall bear the digital signature of the petitioner, or be submitted in another similar secure manner which enables establishment of the person who sent the petition as well as the time the petition was sent. The Minister of Justice may establish, by a regulation, additional formal and technical requirements for a petition for application of a procedure in matters of payment order, as well as for the filing thereof and conducting proceedings thereon.

§ 483. Adjudication of petitions

(1) The court adjudicates a petition for application of expedited procedure in a matter of a payment order within ten working days after the receipt thereof.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(11) The provisions of this Code concerning the suspension of proceedings do not apply to expedited procedure in matters of payment order.
[RT I 2009, 67, 460 - entry into force 01.01.2010]
(2) The court refuses to satisfy a petition for application of expedited procedure in a matter of a payment order by a ruling if:
1) application of expedited procedure is not permitted in the matter of the payment order pursuant to § 481 of this Code;
[RT I 2009, 67, 460 - entry into force 01.01.2010]
2) the petition does not comply with the requirements provided for in § 482 of this Code;
3) the service of the proposal for payment on the debtor within a reasonable time has failed and it cannot be served by public announcement and the petitioner has explicitly asked for termination of the proceeding in the case an objection is filed;
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
31) the petitioner fails to inform the court of the results of the service within the term set to him or her on the basis of subsection 3151 (2) of this Code;
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
4) any of the bases for the suspension of proceedings provided for in this Code become evident. [RT I 2009, 67, 460 - entry into force 01.01.2010]
(3) [Repealed - RT I 2008, 28, 180 - entry into force 15.07.2008]
(4) If the petition has an omission which can clearly be corrected, the court sets the petitioner a term for correcting the omission.
(5) A ruling on refusal to satisfy a petition for application of a procedure in a matter of a payment order is not subject to appeal. Refusal to satisfy a petition does not restrict the right of the petitioner to file the claim in actions or in expedited procedure in matters of payment order. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(6) If, by service on the debtor of a proposal for payment petitioned in an expedited proceeding, a term would have been complied with, or a limitation period would have been suspended then, upon refusal to satisfy the petition for application of expedited procedure in the matter of the payment order, such term is deemed to be complied with or the limitation period is deemed to be suspended as of the time of receipt of the petition for application of expedited procedure, provided that the hearing of the matter is continued in actions, or the petitioner files an action concerning the same claim within 30 days after the petition for application of expedited procedure in the matter of the payment order was refused to be satisfied, and the action is served on the defendant.

§ 484. Proposal for payment in expedited proceeding

(1) If the court satisfies a petition for application of expedited procedure in a matter of a payment order, the court makes a ruling to propose payment.
[RT I 2008, 28, 180 - entry into force 15.07.2008]
(2) A proposal for payment shall contain at least the following information:
1) the data contained in the petition specified in subsection 482 (1) of this Code;
2) an explanation that the court has not conducted an in-depth examination of whether or not the petitioner is entitled to file the claim;
3) a proposal to pay the alleged debt together with a penalty for late payment and the procedural expenses indicated in the proposal for payment within 15 days or, in the case of service of the proposal for payment abroad, within 30 days after the service of the proposal for payment if the debtor considers the filed claim to be justified, or a proposal to inform the court, within the same term, of whether and to which extent the debtor intends to submit objections to the claim;
[RT I 2008, 28, 180 - entry into force 15.07.2008]
4) an explanation that if the debtor fails to submit an objection to the proposal for payment, the court may prepare a payment order in the form of an enforcement instrument based on the proposal for payment;
5) an explanation that upon submission of a petition for application of expedited procedure in a matter of a payment order, the limitation period of the claim is suspended in the same way as upon filing an action;
6) for the purpose of filing an objection, information concerning the court to which the matter will be referred for conduct of proceedings together with a notice that such court has the right to verify whether or not the action falls under its jurisdiction.
(3) The court delivers the proposal for payment and a form for an objection to the debtor, and also informs the petitioner of the forwarding of the proposal for payment. A standard form for an objection shall be established by a regulation of the Minister of Justice. A proposal for payment shall not be served by public announcement on a debtor who is a natural person.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 4841. Making of proposal for payment concerning part of claims or part of claim

(1) If the prerequisites for preparing a payment order are fulfilled only for a part of claims or a part of a claim, the court informs the petitioner thereof and sets the petitioner a term for taking a position on whether to make a proposal for payment to the extent indicated. In doing so, the court refers to the consequences of responding or failing to respond.
(2) If a petitioner agrees with the proposal of the court, the proposal for payment is made concerning the claim or a part thereof to which the petitioner agrees. The court refuses to satisfy the remaining part of the petition for application of a procedure in a matter of a payment order.
(3) If a petitioner does not agree to the making of a proposal for payment concerning a part of the claims or a part of a claim or fails to respond to the petition within the term set by the court, the court refuses to satisfy the petition for application of a procedure in a matter of a payment order in its entirety.
[RT I 2008, 28, 180 - entry into force 15.07.2008]

§ 485. Filing of objection

(1) The debtor has the right to file an objection to a claim or a part thereof with the court which made the proposal for payment within 15 days or, in the case of service of the proposal for payment abroad, within 30 days after service thereof.
[RT I 2008, 28, 180 - entry into force 15.07.2008]
(2) An objection may be submitted on the form annexed to the proposal for payment, or in another form. An objection need not be substantiated.
(3) The court informs the petitioner of an objection and of the time of filing thereof.
(4) If the petitioner has explicitly asked for termination of the proceeding in the case an objection is filed, the proceeding is terminated.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 486. Changing of expedited proceeding into action

(1) The court which prepared the proposal for payment continues to hear the matter in actions or transfers the matter to the court specified in the petition for application of expedited procedure in the matter of the payment order or to the court specified in a joint application of the parties, if:
1) the debtor files an objection to the proposal for payment on time and the petitioner has not explicitly asked for termination of the proceeding in the case an objection is filed;
2) the service of the proposal for payment on the debtor within a reasonable time has failed and it cannot be served by public announcement and the petitioner has not explicitly asked for termination of the proceeding in the case an objection is filed;
3) the petitioner and the debtor have submitted a written contract of compromise to the court before making a payment order.
(2) For the purposes of actions, an action is deemed to be filed as of the filing of a petition for application of expedited procedure in the matter of the payment order.
(3) In matters of apartment ownership or common ownership, proceedings on petition are continued unless the petitioner has requested conduct of actions or termination of proceedings.
(4) The court conducts proceedings on a contract of compromise in accordance with the provisions of §§ 430 and 431 of this Code. If the court refuses to approve the compromise, it continues to conduct a proceeding in the matter in actions in accordance with the provisions of §
487 of this Code.
(5) The court which has made the proposal for payment also transfers to the judge who is to continue to conduct a proceeding in the matter information concerning the address or the data of the means of communications used for service of the proposal for payment on the debtor or, in the case specified in clause (1) 2) of this section, what the court or a bailiff has done in order to serve the proposal for payment. A notation is made in the payment order information system
concerning the transfer of a matter to actions or a proceeding on petition. [RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 487. Commencement of actions

(1) If a petition for application of expedited procedure in a matter of a payment order does not conform to the requirements set for a statement of claim, the court hearing the matter in actions requires that the petitioner submit a claim and substantiate it within 14 days in the form prescribed for statements of claim. In a matter of apartment ownership or common ownership, substantiation of the claim is also required if the proceeding in the matter is continued on petition.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(11) If the debtor has admitted the petitioner's claim in part in the objection filed to the proposal for payment, the court hearing the matter in actions makes a payment order by way of a ruling to call in the amount admitted by the debtor and continues to hear the remaining part of the matter in actions or on petition in accordance with the provisions of subsections (1), (2) and (3) of this section.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(2) After substantiation of a claim, the proceeding is continued in the same manner as after filing an action. Upon service of the reasoning of the claim on the defendant, the defendant is also set a term for responding to the action.
(3) If the petitioner fails to submit the reasoning of the claim on time, the court refuses to accept the claim by a ruling.

§ 488. Withdrawal of objection

The debtor may withdraw, based on a petition filed with the court, an objection to the payment order until the time the action is responded to or another procedural act which is the first in the proceeding is performed. If an objection is withdrawn, the expedited procedure in the matter of the payment order continues.

§ 4881. Termination of proceeding in case of payment of debt

[RT I 2006, 61, 457 - entry into force 01.01.2007]

(1) If the petitioner confirms in a written petition filed with the court that the debtor has paid the debt, the court terminates the expedited procedure in the matter of the payment order by a ruling. The petitioner may file a petition with the court until the payment order is made.
[RT I 2006, 61, 457 - entry into force 01.01.2007]
(11) The ruling specified in subsection (1) of this section is not subject to appeal. [RT I 2009, 67, 460 - entry into force 01.01.2010]
(2) [Repealed - RT I 2008, 28, 180 - entry into force 15.07.2008]

§ 489. Making of payment order

(1) If the debtor has failed to pay the amount indicated in the proposal for payment and has not filed an objection to the proposal for payment on time, the court makes a payment order for such amount by way of a ruling. If the matter has been transferred to another court, such court makes the payment order.
(2) [Repealed - RT I 2009, 67, 460 - entry into force 01.01.2010]
(21) If the petitioner and debtor have filed a written petition with the court for payment of the debt in instalments and annexed to the petition a payment schedule for paying the debt indicated in the proposal for payment, the court may approve the payment schedule together with making the payment order. The payment schedule shall include the due dates for payment of debt, the amounts of instalments and the procedure for payment of instalments, but it shall not contain any other conditions for the payment of debt. The amount of instalments is indicated as a sum of money. A payment schedule which is approved together with making a payment order is valid as an enforcement instrument. The provisions of this Code concerning compromise do not apply to the payment schedule and the approval thereof by the court.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(22) If the debtor has admitted the proposal for payment in the objection, but is unable to pay the debt due to his or her financial situation and the parties fail to reach an agreement on entry into the payment schedule, the court which prepared the proposal for payment transfers the matter to the court specified in the petition for application of expedited procedure in the matter of the payment order for continuation of hearing the matter in actions.
[RT I 2009, 67, 460 - entry into force 01.01.2010]
(3) The court may make a payment order in a simplified form, as an inscription for enforcement made on the proposal for payment.
(4) [Repealed - RT I 2008, 28, 180 - entry into force 15.07.2008]
(5) A payment order shall include an explanation for the debtor concerning the debtor's right to file an appeal against the ruling within 15 days or, in the case of service of the proposal for payment abroad, within 30 days after service thereof. An explanation is provided to the debtor that an appeal against the ruling may be filed only in the cases specified in subsection 4891 (2) of this Code.
[RT I 2009, 68, 463 - entry into force 10.01.2010]
(6) A payment order is served on the debtor and the petitioner is also informed thereof. [RT I 2006, 61, 457 - entry into force 01.01.2007]
(7) A payment order is subject to immediate enforcement regardless of the service of the payment order on the debtor.
[RT I 2008, 28, 180 - entry into force 15.07.2008]
(8) [Repealed - RT I 2008, 28, 180 - entry into force 15.07.2008]

§ 4891. Filing of appeal against payment order

(1) The debtor may file an appeal against a payment order within 15 days or, in the case of service of the payment order abroad, within 30 days after service thereof. If a payment order is served by public announcement, the appeal against the ruling may be filed within 30 days after the day when the debtor learnt about the payment order or about the enforcement proceeding initiated for its enforcement.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(2) In an appeal against a ruling, the debtor may rely on one of the following circumstances: [RT I 2006, 61, 457 - entry into force 01.01.2007]
1) the proposal for payment was served on the debtor in any other manner except by personal delivery against a signature or electronically and, by no fault of the debtor, it was not served in time and therefore the debtor was unable to file an objection in time;
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
2) the debtor was unable to file an objection to the proposal for payment due to good reason not depending on the debtor;
[RT I 2006, 61, 457 - entry into force 01.01.2007]
3) the prerequisites for expedited procedure in matters of payment order were not fulfilled or the conditions of the expedited procedure in matters of payment order were otherwise materially violated or the claim, for the calling in of which the expedited procedure in the matter of the payment order was conducted, is clearly unfounded.
[RT I 2008, 28, 180 - entry into force 15.07.2008]
(21) A legal representative of the debtor or the universal successor of the debtor may file an appeal against the payment order within two months after learning about the payment order if grounds for suspension have become evident which existed at the time the court decision was made but which the court did not or could not know. The person filing an appeal against the ruling shall rely on one of the circumstances specified in subsection (2) of this section.
[RT I 2009, 67, 460 - entry into force 01.01.2010]
(3) In the case an appeal is filed against a payment order, the court may suspend the
enforcement proceeding or perform other procedural acts pursuant to the procedure provided in §
472 of this Code.
[RT I 2006, 61, 457 - entry into force 01.01.2007]
(4) If the court satisfies the appeal against the ruling, the court annuls the payment order by a ruling. In the case of annulment of a payment order the court terminates the expedited procedure in the matter of the payment order or initiates actions. Annulment of a payment order does not restrict the petitioner's right to file the claim in actions.
[RT I 2009, 67, 460 - entry into force 01.01.2010]
(5) A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.
[RT I 2006, 61, 457 - entry into force 01.01.2007]

§ 4892. Competence of assistant judge in expedited procedure in matters of payment order and making of rulings in automated manner

(1) A proposal for payment, payment order or another ruling related to expedited procedure in matters of payment order, including a ruling specified in § 179 of this Code, may also be made by an assistant judge.
(2) The ruling specified in subsection (1) of this section may also be made in an automated manner through the information system of the court if the fulfilment of the prerequisites for making the ruling can be verified in an automated manner. In such case, a ruling need not be signed.
[RT I 2008, 28, 180 - entry into force 15.07.2008]

§ 490. [Repealed - RT I 2006, 61, 457 - entry into force 01.01.2007]

§ 4901. Implementation of Regulation (EC) No 1896/2006 of the European Parliament and of the Council

(1) The provisions of this Act concerning expedited procedure in matters of payment order also apply to the conduct of expedited procedure in matters of payment order under Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure (OJ L 399, 30.12.2006, pp. 1–32) to the extent that it is not regulated by the specified regulation.
(2) The authority competent to declare an European order for payment subject to enforcement is the county court which has made the payment order in the procedure prescribed in this Division for the making of payment orders unless otherwise provided in the regulation specified in subsection (1) of this section. A European order for payment which has been declared to be subject to enforcement may be contested by filing an appeal against a ruling pursuant to the procedure provided in § 4891 of this Code.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(3) In conformity with Article 21(2)(b) of the regulation specified in subsection (1) of this section, a European order for payment is accepted for enforcement in Estonia only if it is prepared in Estonian or English or if Estonian or English translation is annexed to the order for payment.
(4) A European order for payment is subject to enforcement in the enforcement proceeding in Estonia and the provisions concerning enforcement proceedings in Estonia apply to the debtor's legal remedies in so far as not prescribed otherwise by the regulation specified in subsection (1) of this section.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Division 2 Expedited Procedure in Matters of Payment Order in Claims for Support for

Child

§ 491. Expedited procedure in claims of support for child

(1) The court also applies expedited procedure in matters of payment order for adjudicating a petition for a claim of support for a minor child from the parent living apart from the child. Payment of support shall not be claimed retroactively in expedited procedure in the matters of payment order. This does not preclude the claiming of support retroactively to the extent provided by law in actions.
[RT I 2008, 28, 180 - entry into force 15.07.2008]
(11) Expedited procedure in matters of payment order on the grounds specified in subsection (1) of this section is not applied if the debtor is not entered in the birth registration of a child as a parent of the child.
[RT I 2006, 61, 457 - entry into force 01.01.2007]
(2) Expedited procedure in matters of payment order on the grounds specified in subsection (1)
of this section is not applied if the support claimed for is higher than 200 euros per month. [RT I 2010, 22, 108 - entry into force 01.01.2011]
(3) Unless otherwise provided by this Division, the general provisions concerning expedited procedure in matters of payment order apply to expedited procedure in matters of payment order in claims of support for a child.

§ 492. Petition for application of expedited procedure in matters of payment order

A petition for application of expedited procedure in matters of payment order in a claim of support for a child shall set out at least the following data:
1) the data of the parties and their representatives;
2) the data of the court with which the petition is filed;
3) the date of birth of the child;
4) the date as of which payment of support is claimed;
5) [repealed - RT I 2005, 39, 308 - entry into force 01.01.2006]
6) the amount of the support which is claimed;
7) the data of the birth registration or birth certificate of the child and a confirmation that the debtor is entered in the birth registration of the child as a parent of the child;
[RT I 2008, 28, 180 - entry into force 15.07.2008]
8) a confirmation that the debtor does not participate in the maintenance of the child; [RT I 2006, 61, 457 - entry into force 01.01.2007]
9) a confirmation that no legal impediment exists for application of expedited procedure in matters of payment order.

§ 493. Proposal for payment in expedited procedure in claim of support for child

A proposal for payment made in expedited procedure in a claim of support for a child shall set out at least the following data:
1) the data contained in the petition specified in § 492 of this Code;
2) an explanation that the court has not verified whether or not the petitioner is entitled to file the claim;
3) the date as of which payment of support may be ordered and the amount of support which payment may be ordered;
4) an explanation that the court has the right to make a payment order in the form of an enforcement instrument if the debtor fails to submit a substantiated objection to the proposal for payment within 15 days or, in the case of service of the proposal for payment abroad, within 30 days after service thereof;
[RT I 2008, 28, 180 - entry into force 15.07.2008]
5) the objections to the proposal for payment which the debtor may file pursuant to law;
6) an explanation that the debtor may file an objection which relies on the impossibility or a restricted possibility to pay support only if a confirmation of the status of the debtor's assets, income and financial situation in the form prescribed therefor together with appropriate proof has been annexed to the objection.

§ 494. Filing of objection

(1) The debtor may file a substantiated objection to a claim of support or a part thereof with the court which made the proposal for payment within 15 days or, in the case of service of the proposal for payment abroad, within 30 days after service thereof.
[RT I 2008, 28, 180 - entry into force 15.07.2008]
(2) The debtor may submit only the following objections to a claim for support:
1) that he or she is not the child's parent;
2) that he or she lives together with the child and participates in the child's maintenance;
3) that he or she has performed his or her maintenance obligation;
4) that expedited procedure in the matter of payment order is not permitted by law;
5) that the date as of which payment of support is claimed for has been determined incorrectly;
6) that the amount of the support has been determined incorrectly. (3) [Repealed - RT I 2008, 28, 180 - entry into force 15.07.2008] (4) [Repealed - RT I 2005, 39, 308 - entry into force 01.01.2006]
(5) The debtor has the right to file an objection which relies on the impossibility or a restricted possibility to pay support only if information concerning the debtor's assets, income and financial situation in the form established therefor by a regulation of the Minister of Justice together with appropriate proof is annexed to the objection.
(6) The court informs the petitioner of an objection and of the time of filing thereof. If an objection, in full or in part, precludes satisfaction of the claim for support by way of expedited
procedure in matters of payment order, the hearing of the matter continues in actions unless the petitioner has asked for termination of the proceeding in such case.

§ 495. Objections of debtor in actions

If a claim for support is adjudicated by way of actions, the debtor's objections to the claim for support are deemed to be the defendant's response to the action. The court sets the defendant an additional term for responding to the action if necessary, including in the event the plaintiff alters the claim or provides additional substantiation thereto.

§ 496. Payment order

(1) The court makes a payment order in the form of a ruling whereby the debtor is required to pay support in the prescribed amount if the debtor has not filed an objection to the support claim within the prescribed term, or has filed an objection which cannot be filed in expedited procedure in matters of payment order, or if the objection is not substantiated.
(2) [Repealed - RT I 2008, 28, 180 - entry into force 15.07.2008]
(3) The ruling shall also set out the petitioner's right to demand, in the future, alteration of the amount of support by way of actions.
[RT I 2006, 61, 457 - entry into force 01.01.2007]
(4) The debtor may file an appeal against a payment order in a claim for support within 15 days or, in the case of service of the payment order abroad, within 30 days after service of the payment order. The general provisions concerning payment orders apply to the filing of an appeal against a payment order in a claim for support and the adjudication thereof.
[RT I 2009, 68, 463 - entry into force 10.01.2010]
(5) [Repealed - RT I 2008, 28, 180 - entry into force 15.07.2008]

§ 497. Alteration of amount of support

If the circumstances which constitute the basis for a claim for support change, either party may demand alteration of the amount of support by way of actions.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Chapter 50 CALLING PROCEEDING

§ 498. Calling proceeding

In the cases provided by law, the court may make a public call by way of a calling proceeding for filing claims or presentation of other rights which, upon failure to notify of a claim or a right, will result in extinguishment of a right or another legally negative result.

§ 499. Initiation of calling proceeding

(1) The court initiates a calling proceeding only based on a substantiated petition. If filing of a petition is permissible, the court initiates a calling proceeding by a ruling on calling.
(2) A ruling on calling sets out at least the following:
1) the name of the court;
2) the data of the petitioner;
3) a call on persons concerned to inform the court of claims or other rights by the due date set by the court;
4) consequences of failure to notify of a claim or right.
(3) The court may join several calling proceedings of the same type.
(4) The petitioner may file an appeal against the ruling on refusal to initiate a proceeding. A ruling of a circuit court concerning an appeal against such ruling is not subject to appeal to the Supreme Court.
(5) An assistant judge is also competent to conduct a calling proceeding. [RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 500. Publication of call and term for calling

(1) A call containing the data specified in the ruling on calling is published in the publication Ametlikud Teadaanded. The court may make a ruling on the repeated publication of the call or additional publication of the call in another publication or for broadcasting the call.
(2) Unless otherwise provided by law, the term for calling is at least six weeks before the due date for notification of a claim or other rights.

§ 501. Making of ruling on preclusion

(1) If no third parties have informed the court of their claims or other rights within the term set by the court, the court makes a ruling on preclusion based on the request of the petitioner whereby the claims and rights of third parties are precluded.
(2) The court may organise a session before making a ruling on preclusion in order to clarify the circumstances and, among other, to obtain a statement under oath from the petitioner in order to substantiate the submitted allegations.
(3) If a petition for making a ruling on preclusion is not satisfied, the petitioner may file an appeal against the ruling.
(4) The court publishes the conclusion of a ruling on preclusion in the publication Ametlikud

Teadaanded. The court may prescribe the repeated publication of the conclusion of the ruling or

additional publication thereof in another publication or the broadcasting of the conclusion of the ruling.

§ 502. Procedure in case of filing of objection

If a notice contesting the right presented by the petitioner as the reasoning for the petition or informing the court of a claim or another right preventing the making of a ruling on preclusion is submitted to the court within the term of calling, the court suspends the calling proceeding until a final decision is made concerning such submission, or makes a ruling on preclusion with a reservation with regard to the notified right.

§ 503. Filing of appeal against ruling

(1) An interested party may file an appeal against a ruling on preclusion within three months after publication of the ruling on preclusion in the publication Ametlikud Teadaanded.
(2) In an appeal against a ruling, the appellant may only rely on one of the following facts:
1) the ruling on preclusion was made in a case where a calling proceeding was not allowed,
2) the call was not made public or it was made public in a manner not prescribed by law;
3) the term for making public of the call was not adhered to;
4) the judge or assistant judge who made the ruling on preclusion should have removed himself or herself from the case;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
5) a submitted claim or another right was not taken into account in making the ruling on preclusion.

§ 504. Preclusion of rights of mortgagee

(1) The owner of an immovable or ship encumbered with a mortgage or the owner of a pledged object encumbered with a registered security over movables has the right to file a petition for preclusion of the rights of an unknown mortgagee in accordance with § 331 of the Law of Property Act or § 59 of the Law of Maritime Property Act.
(2) Before a proceeding is initiated, the petitioner specified in subsection (1) of this section must substantiate that despite the best efforts of the petitioner, the petitioner has not been able to
verify the identity of the mortgagee or pledgee or legal successor thereof and whether or not the rights of the mortgagee or pledgee have already been recognised by a court decision.
(3) For satisfaction of a claim secured by a mortgage or registered security over movables, the petitioner must deposit the sum of the mortgage in the account prescribed for such purpose before the initiation of the proceeding.
[RT I, 31.01.2014, 6 - entry into force 01.04.2014]
(4) A call shall contain a caution to the mortgagee or pledgee that after the sum of the mortgage or pledge has been deposited, the claim of the mortgagee or pledgee will not be satisfied out of the immovable, the ship or the object encumbered with registered security over movables but out
of the deposited amount, and that the right of the mortgagee or pledgee thereto will terminate unless the mortgagee or pledgee addresses the authority holding the deposit within five years after the date of making the ruling on preclusion.
[RT I 2009, 30, 178 - entry into force 01.10.2009]

§ 505. Preclusion of persons entitled by notation

(1) The provisions of § 504 also apply to calling proceedings the purpose of which is the preclusion of the rights of persons entitled by a preliminary notation, notation concerning a prohibition, right of pre-emption or real encumbrance entered in the land register or ship register.
(2) The petition specified in subsection (1) of this section may also be submitted by a person who, based on a right of the same or lower ranking, has the right to demand, based on an enforcement instrument, the satisfaction of a claim out of an immovable or ship. The court also informs the owner of the immovable or ship of the publication of the call.

§ 506. Petition for declaration of security invalid

(1) In the case of the loss or destruction of or damage to a security, the current owner of a bearer security or a security transferred by an endorsement in blank or, in the case of other types of security, a person wishing to exercise a right arising from the security has the right to file a petition for declaration of the security invalid by way of calling proceeding.
(2) A person who has lost a security may also request, in the petition specified in subsection (1) of this section, that the issuer of the security issue another security with the same content to the person.
(3) A petition sets out special characteristics of a lost instrument, the name of the person who issued the instrument and the circumstances pertaining to the loss thereof.
(4) The petitioner must substantiate that the security belonged to the petitioner before it was lost or destroyed. The petitioner must also substantiate the loss or destruction of the security.
(5) If the instrument has been damaged, the damaged instrument must be presented. Where possible, a transcript of the instrument shall be annexed to the petition also in other cases.
(6) The court which receives the petition makes, at the request of the petitioner, a ruling on prohibiting the issuer of the instrument and the payers indicated therein from making payments based on the security. After termination of the proceeding, the court annuls the ruling.

§ 507. Specifications of proceeding for declaration of security invalid

(1) In a call concerning an intention to declare a security invalid, the court indicates, among other, the name and other specific characteristics of the security and the name of the issuer thereof, and proposes that the possessor of the security inform the court of the possession of the security and the rights of the possessor thereto. The call contains a caution that in the case of
failure to notify of such rights, the security will be declared invalid and a prohibition may be made on making payments based on the security.
(2) A person who is in possession of the security must immediately inform the court thereof and present the security to the court.
(3) If a lost security is presented to the court within four months after publication of the last call, the court refuses to satisfy the petition for declaration of the security invalid, and annuls the prohibition on making payments on the basis of the security. In the ruling, the court explains to the petitioner the potential rights thereof against the possessor of the instrument. The court gives the petitioner an opportunity to examine the security beforehand.
(4) If within four months after the last publication of a notice on the loss of a security, the court is not informed of the existence of the security or if the court establishes that the security has been destroyed or damaged to the extent that it can be no longer used, the court declares the security invalid by a ruling on preclusion.

§ 508. Consequences of declaration of security invalid

(1) If a security is declared invalid by a ruling on preclusion, the petitioner has the right to use the rights arising therefrom with regard to the party who, according to the security, is the obligated person. If the issue of a new security is requested in a petition, the court requires the issuer to issue a new security with the same content.
(2) Upon annulment of a ruling to declare a security invalid, the payments made or other obligations performed on the basis of the ruling by the party who is the obligated person shall also remain valid with respect to third parties, including to the recipient of the payment and the petitioner, unless the obligated person was aware of the annulment of the ruling at the time of performance of the obligation.

Chapter 51 DECLARATION OF PERSON AS DEAD AND ESTABLISHMENT OF TIME OF DEATH

§ 509. Petition for declaration of death

(1) The court initiates a proceeding for declaration of a person as dead only based on a petition. A petition may be filed by a person or agency with legitimate interest in the declaration of the person as dead, above all by the following:
1) the legal representative of a missing person or a rural municipality or city government;
2) the spouse or a relative in the ascending or descending line of a missing person;
3) the Ministry of the Interior or an agency within the area of administration of the Ministry of the Interior authorised by the Minister of the Interior.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(2) A petition for declaration of a person as dead sets out the reason why the petitioner is interested in the declaration of the person as dead and specifies the facts which substantiate the declaration of the person as dead.
(3) In addition to the petitioner, a person entitled to file a petition for declaration of a person as dead may enter the proceeding based on a petition. By filing the petition, such person acquires the legal status of a petitioner.
(4) The Ministry of the Interior or an agency within the area of administration of the Ministry of the Interior authorised by the Minister of the Interior is obliged to file a petition for declaration
of a person as dead if the prerequisites for declaring a missing person as dead are clearly fulfilled and another person specified in subsection (1) of this section has not filed a petition for declaring the person as dead.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 510. Acts in pre-trial proceedings

(1) After accepting a petition for declaration of a person as dead, the court publishes a notice in the publication Ametlikud Teadaanded whereby the missing person is invited to provide the court, within the term set by the court, with information that he or she is alive. The notice includes a caution of possible declaration of the person as dead and an invitation to the public to provide the court with information concerning the person whose declaration as dead is petitioned.
(2) The court may also publish the notice repeatedly or, in addition to publishing it in the publication Ametlikud Teadaanded, publish the notice in another publication, or broadcast the notice.
(3) The term set by the court for submission of information shall not be shorter than six weeks after publication of the last notice in the publication Ametlikud Teadaanded.
(4) Unless the proceeding is initiated based on the petition of the Minister of the Interior, the court informs the Minister of the Interior of the initiation of the proceeding and requests that the Minister of the Interior provide information known to the state about the missing person and a position on the possibility to declare the person as dead. The court may also collect information about the missing person on its own initiative, regardless of who filed the petition for declaring the person as dead.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 511. Ruling on declaration of death

(1) A ruling on declaration of a person as dead sets out the presumed time of death of the person.
(2) A ruling on declaration of death is published in the publication Ametlikud Teadaanded. The court may order that the ruling be published repeatedly or in another publication, or that the ruling be broadcast.
(3) The court serves a ruling on refusal to satisfy the petition on the petitioner and sends it to the
Minister of the Interior if the latter is not the petitioner and the court sends a ruling on declaration of a person as dead to the petitioner and the Minister of the Interior. For entry of the information concerning death in the population register, the court sends a ruling on declaration of death to the vital statistics office within ten days after the entry into force of the ruling.
[RT I 2009, 30, 177 - entry into force 01.07.2010]
(4) A ruling on declaration of a person as dead enters into force and is subject to enforcement after the expiry of the term for filing appeals against such ruling. In the case an appeal is filed against the ruling, the ruling enters into force and is subject to enforcement if a ruling to refuse to satisfy or hear the appeal against the ruling has been made and such ruling has entered into force.
(5) A ruling on annulment or amendment of a ruling on declaration of death is made public in the manner prescribed in subsection (2) of this section and is communicated to the persons and agencies specified in subsection (3) of this section.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 512. Filing of appeal against ruling

(1) A ruling on declaration of death is subject to appeal within 30 days after publication thereof in the publication Ametlikud Teadaanded. A ruling on refusal to satisfy a petition for declaration of death is subject to appeal within 30 days after service thereof.
(2) A ruling on declaration of a person as dead is subject to appeal by the petitioner or another person with legitimate interest in annulment of the declaration of death or amendment of the time of death. Only the petitioner may file an appeal against a ruling on refusal to satisfy a petition for declaration of death.

§ 513. Consequences of reappearance of person or becoming aware of person's whereabouts

(1) A petition for annulment of declaration of a person as dead may be filed by the reappeared person or the Ministry of the Interior or an agency within the area of administration of the Ministry of the Interior authorised by the Minister of the Interior with the court which declared the person as dead.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(2) A petition sets out the facts which prove the reappearance of the person as well as
information that the person is alive or information concerning his or her whereabouts. If possible, the court hears, before annulling the declaration of death, the person based on whose petition the person was declared as dead.
(3) The court sends a transcript of a ruling on the annulment of declaration of death of a person to the vital statistics office within ten days after the entry into force of such ruling. A ruling on annulment of a ruling on declaration of a person as dead serves as a basis for amending the vital statistics information of the person.
[RT I 2009, 30, 177 - entry into force 01.07.2010]
(4) A ruling on annulment of a ruling on declaration of a person as dead is not subject to appeal. The petitioner may file an appeal against a ruling on refusal to satisfy a petition for annulment of a ruling on declaration of death.

§ 514. Amendment of time of death of person declared as dead

(1) If a person declared as dead did not die at the time established by the ruling on declaration of death, then each person with a legitimate interest in establishment of a different time of death may demand the amendment of the ruling on declaration of death provided that the facts which constitute the basis for the incorrectness of the ruling became known to him or her, due to
reasons beyond his or her control, at a time when he or she was no longer able to present such facts in the proceeding conducted in the matter of declaration of death.
(2) The petition specified in subsection (1) of this section may be submitted within 30 days after the time the petitioner became aware of the fact, but not before the entry into force of the ruling on declaration of death and not later than within five years after the entry into force of the ruling on declaration of death.
(3) The provisions concerning the procedure for declaration of death correspondingly apply to other aspects of the proceeding for amendment of the time of death of a person declared as dead. A ruling on amendment of the time of death is also sent to the person on the basis of whose petition the person was declared as dead.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 515. Establishment of time of death

(1) The provisions concerning declaration of death apply to a proceeding for establishment of time of death of a person, unless the provisions of subsections (2) or (3) of this section provide otherwise.
(2) Before initiation of a proceeding, the petitioner shall provide the court with information in proof of the person's death and information which allows the court to establish the person's time of death. Other information must be substantiated by the petitioner.
(3) Upon initiation of a proceeding, the court publishes a call to all persons who have information as to the time of death of the person to inform the court thereof within the term set by the court. The court need not publish such call if this obviously does not facilitate the clarification of circumstances.

Chapter 52 ESTABLISHMENT OF CUSTODY OVER PROPERTY OF ABSENT PERSON

§ 516. Establishment of custody

(1) The court appoints an administrator to the property which needs to be maintained and belongs to:
1) a missing person;
2) a person whose whereabouts are known but who cannot return and manage his or her affairs due to another reason.
(2) The court also appoints an administrator to the property of an absent person if the person has issued a mandate or authorisation document for management of his or her affairs but circumstances which give good reason to withdraw such mandate or authorisation have become evident.
(3) A ruling on establishment of custody sets out the person over whose property the custody is established as well as the person appointed as administrator.
(4) A ruling on establishment of custody gives the person appointed as administrator the right to dispose of the property within the extent provided by law.
(5) The provisions concerning compensation of the costs of a guardian of an adult with restricted active legal capacity apply to compensation of the costs of an administrator.

§ 517. Appointment of temporary administrator

(1) The court may ensure or apply provisional legal protection by a ruling on establishment of custody on its own initiative and among other, appoint a temporary administrator to the property if there is reason to believe that the conditions for establishment of custody are complied with and a delay would result in endangerment of the interests of the person in whose interest the court is conducting the proceeding for appointment of an administrator.
(2) Upon selection of a temporary administrator, the wishes of the petitioner and the requirements for administrators prescribed by law need not be considered.
(3) A temporary administrator shall not be appointed for a period longer than six months. (4) The court may release a temporary administrator from his or her duties by a ruling if the
prerequisites for release are clearly fulfilled and a delay would result in endangerment of the
interests of the person in whose interests the court appointed the temporary administrator. A ruling on appointment or release of a temporary administrator is valid and subject to enforcement as of the time it is made public.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 518. Termination of custody, change of administrator and duties thereof

(1) The court terminates the custody over the property of an absent person if the absent person is no longer prevented from managing his or her affairs.
(2) Custody is terminated by annulment by the court regardless of whether or not the absent person is dead. The court annuls custody if the court becomes aware of the death of the absent person.
(3) If an absent person is declared as dead or his or her time of death is established by the court, the custody is terminated at the time of the entry into force of the ruling on declaration of death or establishment of the time of death.
(4) The provisions concerning the appointment of an administrator apply to termination of custody, release of an administrator, appointment of a new administrator, alteration of the scope of duties of an administrator and extension of the appointment of an administrator.

§ 519. Filing of appeal against ruling

(1) A court ruling on the establishment of custody, refusal to establish custody, termination of custody or change of administrator is subject to appeal by everyone with legal interest in the amendment of such ruling, including the spouse, or the relatives or relatives by marriage of the person whose property was placed under custody.
(2) An appeal against a ruling cannot be filed after five months have passed from communicating the ruling to the administrator.

Chapter 53 APPOINTMENT OF GUARDIAN FOR ADULT WITH RESTRICTED ACTIVE LEGAL CAPACITY

§ 520. Appointment of representative to adult with restricted active legal capacity in proceeding for appointment of guardian

(1) For the purposes of a proceeding for appointment of a guardian, the court appoints a representative to an adult with restricted active legal capacity if this is necessary in the interests of the person.
(2) The court appoints a representative to a person above all in the case where the person is not represented by a person with active civil procedural legal capacity in the proceeding and:
1) the court need not hear the person himself or herself in the proceeding;
2) there is intention to establish guardianship for managing all or most of the affairs of the person;
3) the guardian's competence is to be extended;
4) the object of the proceeding is obtaining the guardian's consent for sterilisation of the person. (3) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) The representative must, among other, personally meet the person in the matter of whose placement under guardianship the court is conducting proceedings and hear him or her without the presence of the judge.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 521. Application of provisional legal protection

(1) The court may make a ruling on application of provisional legal protection and among other, appoint a temporary guardian if:
1) it may be clearly presumed that the conditions for appointment of a guardian are complied with and a delay would result in endangerment of the interests of the person in need of guardianship; and
2) a representative has been appointed to the person in the proceeding; and
3) the person has been personally heard.
(2) For the purpose specified in subsection (1) of this section, a person may also be heard by a judge acting on the basis of a letter of request. A person need not be heard if this would clearly cause significant damage to his or her health or if the person is clearly not able to express his or her will.
(3) If a delay could result in endangerment of the interests of the person in need of guardianship, the court may apply provisional legal protection even before hearing the person himself or
herself and appointing a representative to him or her. In such case the specified acts must be performed retroactively at the earliest opportunity.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) Upon selection of a temporary guardian, the wishes of the petitioner and the requirements for guardians prescribed by law need not be considered.
(5) A temporary guardian shall not be appointed for a period longer than six months. After obtaining an expert opinion concerning the mental state of an adult, such term may be extended to up to one year.
(6) The court may release a temporary guardian from his or her duties by a ruling if the prerequisites for release are clearly fulfilled and a delay would result in endangerment of the interests of the person under guardianship.
(7) A ruling on appointment or release of a temporary guardian is valid and subject to enforcement as of the time it is made public.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 522. Ordering expert assessment

(1) If the court has information or doubt that a person has a mental illness or mental disability, the court orders an expert assessment in order to determine the need for appointment of a guardian for such person. The expert shall personally examine the person or question him or her
before preparing an expert opinion.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]
(11) The court assigns the task of conducting an expert assessment to one expert, except in the case of an expert assessment conducted by an expert committee or a complex expert assessment. Only a psychiatrist may be used as an expert. Another person with specific expertise may also participate as an expert in the case of an expert assessment conducted by an expert committee or a complex expert assessment.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]
(12) If the court conducts proceedings in the matters of placement of a person in a closed institution on the basis of clause 533 (1) 1) of this Code and appointment of a guardian for the same person on the basis of subsection 520 (1) of this Code, the court may order a joint expert assessment about the necessity of establishing guardianship and the prerequisites for placement of the person in a closed institution.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]
(2) A person with regard to whom an expert assessment is ordered is obliged to appear before an expert. If a person with regard to whom an expert assessment is ordered fails to appear before an expert, the court may, after hearing the opinion of an expert, apply compelled attendance to bring the person before an expert.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) After hearing an expert, the court may order placement of the person in a closed institution for observation for up to one month if this is necessary for conduct of an expert assessment. The person himself or herself shall also be heard before or after the making of the ruling. Where necessary, the court may extend, by a ruling, the time for placement of a person in a closed institution for up to three months and apply compelled attendance with respect to the person. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) If, in the opinion of an expert, appointment of a guardian is to be considered, the expert shall indicate in the expert opinion the estimated scope of duties of the guardian and the estimated period for which the person needs guardianship.
(5) An expert assessment need not be ordered if:
1) the petition for appointment of a guardian was submitted by the person in need of guardianship and the documents reflecting his or her state of health are appended to the petition; and
2) the person waives the right to undergo expert assessment; and
3) conduct of the expert assessment is, considering the volume of the guardian's duties, unreasonably costly or labour intensive.

§ 523. Rural municipality governments and city governments in proceedings

At the direction of the court, the rural municipality government or city government of the residence of the person in need of guardianship collects and presents to the court information
needed for the establishment of guardianship. The rural municipality government or city government provides, in proceedings, its opinion, among other, on who to appoint as guardian, on changing the scope of duties of the guardian or on changing the guardian.

§ 524. Hearing of person

(1) The person in the matter of whose placement under guardianship the court is conducting proceedings is personally heard by the court. The court hears the person in his or her usual environment if the person so requests or if, in the opinion of the court, this is necessary in the interests of the matter and the person does not object to it. The course of the proceeding shall be explained to the person.
(2) The court may involve a psychiatrist, psychologist or social worker in the hearing. If the person so requests, the trustee of the person shall be allowed to be present. The court may permit other persons to be present at the hearing of the person in need of guardianship unless the latter objects to it.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) The court may transfer the task of hearing a person to a court acting based on a letter of request only if it is evident that the court will be able to evaluate the information obtained from the hearing even without having directly experienced the hearing.
(4) Where necessary, the court may apply compulsory attendance on the person in need of guardianship in order to hear the person.
(5) The court need not hear a person in need of guardianship in person, if:
1) this could result in harmful consequences to the health of the person according to the documents reflecting his or her state of health or in the opinion of a competent doctor; [RT I 2008, 59, 330 - entry into force 01.01.2009]
2) the court is convinced, based on a direct impression, that the person is clearly unable to express his or her will.

§ 525. Hearing of matter

(1) The court discusses with the person in the matter of whose placement under guardianship the court is conducting proceedings the results of his or her hearing, the content of the expert opinion or documents reflecting his or her state of health, the possible choices of guardian and the scope of duties of the guardian to the extent necessary for ensuring the legal hearing of the person or clarification of facts.
(2) As a rule, the court also requests, in the course of the proceeding, the opinion of the person in the matter of whose placement under guardianship the court is conducting proceedings, his or her spouse, parents, foster parents, children and members of the rehabilitation team, unless the person objects to it and the court does not deem it necessary to request an opinion. At the request of the person in need of guardianship, the opinion of other persons close to him or her may be
requested, unless this significantly delays the proceeding. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) Before appointing a guardian, the court also hears the person whose appointment as guardian is requested or whom the court intends to appoint as guardian, and the potential petitioner.

§ 526. Appointment of guardian

(1) A court appoints a guardian for an adult with restricted active legal capacity by a ruling. (2) A ruling sets out:
1) the person for whom a guardian is appointed;
2) the person or agency appointed as a guardian;
3) the duties of the guardian;
4) whether the person with restricted active legal capacity is permitted to perform transactions without the consent of the guardian and what transactions are permitted;
5) the period at the end of which at the latest the court decides on the termination or extension of the guardianship.
(3) The period specified in clause (2) 5) of this section shall not be longer than five years from the date of making the ruling.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) A ruling on establishment of guardianship gives the guardian the right to represent the person under guardianship.
(5) If the court establishes guardianship for managing all the affairs of a person under guardianship or if the scope of duties of a guardian is extended in such manner, the person under guardianship is also deemed to be without active legal capacity within the meaning of the right to vote, and he or she loses his or her right to vote.

§ 527. Compensation of costs to guardian

(1) If a guardian or a person under guardianship so requests or the court deems it necessary, the court also determines the following at the time of establishment of guardianship or thereafter:
1) the size of remuneration payable and the costs to be compensated to the guardian at the expense of the person under guardianship and the extent of possible advance payment thereof;
2) the costs to be compensated and the size of the remuneration payable to the guardian at the expense of the state and the extent of possible advance payment thereof if, pursuant to law, payment thereof by the state may be demanded;
3) the term for payment and the size of payments which the person under guardianship must pay to the state in order to cover for the amounts payable to the guardian by the state.
(2) The person under guardianship may apply for the grant of procedural assistance for covering the costs.
(3) Before making a ruling on costs, the court shall hear the person under guardianship. (4) [Repealed - RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 528. Extension of scope of duties and term of office of guardian

(1) The provisions concerning appointment of a guardian apply to the change of the scope of duties of a guardian, appointment of a new guardian and to extension of the term of office of a guardian.
(2) Upon the change of duties of a guardian, appointment of a new guardian or extension of the term of office of a guardian, a new expert assessment need not be conducted and a representative for the purpose of the proceeding need not be appointed to the person under guardianship if:
1) the duties of the guardian are not materially extended; or
2) less than five years have passed from the conduct of the expert assessment serving as a basis for the establishment of guardianship.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]
(3) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(4) Upon the extension of the term of office of a guardian, the person under guardianship need not undergo an expert assessment if, based on the hearing of the person under guardianship and the documents reflecting the state of his or her health, it is clear that the need for guardianship has not ceased to exist.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]

§ 529. Termination of guardianship and restriction of scope of duties of guardian

(1) The court terminates the guardianship, restricts the scope of duties of a guardian or extends the rights of the person under guardianship to perform transactions independently if the bases for appointing a guardian cease to exist in whole or in part.
(2) The court may order an expert assessment in order to ascertain that such bases have ceased to exist.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 530. Release of guardian from office and appointment of new guardian

(1) The court may release a guardian from office with good reason.
(2) If the person under guardianship objects to the release of the guardian, the court shall hear the person under guardianship in person unless this may significantly endanger the health of the person under guardianship or the person under guardianship is clearly unable to express his or her will.
(3) Upon the appointment of a new guardian due to the death or release from office of the previous guardian, the person under guardianship shall be heard in person, unless the person under guardianship agrees to the new guardian, the hearing may significantly endanger the health of the person under guardianship or the person under guardianship is clearly unable to express
his or her will.

§ 531. Communication and validity of ruling

[RT I 2008, 59, 330 - entry into force 01.01.2009]

(1) A court ruling whereby a proceeding conducted in a matter of establishment of guardianship is terminated, including a ruling on appointment of a guardian, extension of his or her term of office, termination of guardianship or change of the scope of duties of a guardian, is valid and subject to enforcement as of its communication to the guardian.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) The court also communicates a ruling whereby a proceeding conducted in a matter of establishment of guardianship is terminated to the person under guardianship and his or her representative. The court need not communicate the reasoning of the ruling to the person under guardianship in person if, based on the documents reflecting the state of health of the person under guardianship or an expert opinion, this may cause significant damage to the health of the person under guardianship. The court also communicates the ruling to the rural municipality or city government of the residence of the person as well as to other persons specified in subsection
532 (1) of this Code who have been heard during the proceeding by the court. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) If a ruling cannot be sent to the guardian or if a delay in doing so would result in endangerment of the interests of the person under guardianship, the court may declare the ruling to be valid and subject to enforcement as of communication thereof to the person under guardianship or his or her representative.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) The court informs other courts and administrative agencies of the ruling if this is clearly in the interests of the person under guardianship, third parties or the public. Where necessary, the court publishes a notice in the publication Ametlikud Teadaanded.
(5) Any relevant facts which become evident in the course of a proceeding may be made public by the court in the manner provided in subsection (4) of this section already before the end of the proceeding.
(6) If guardianship is established for the management of all of the affairs of the person under guardianship or the scope of the guardian's duties is expanded in such manner and the person loses his or her right to vote in elections, or if such guardianship is terminated due to any other reason except the death of the person under guardianship, or if such guardianship is restricted, the court also informs the agency maintaining a polling list thereof.
(7) If the person under guardianship is being detained in a custodial institution, medical institution, social welfare institution or such other institution, the court also informs such institution of the ruling.

§ 532. Filing of appeal against ruling

(1) A ruling on appointment of a guardian, refusal to satisfy a petition, termination of guardianship, changing the scope of duties of a guardian, refusal to terminate guardianship, release of a guardian, appointment of a new guardian or determination of costs of guardianship is subject to appeal by the person for whom appointment of a guardian was adjudicated, the person who was appointed as a guardian, the spouse or direct blood relative of the person for whom appointment of a guardian was adjudicated, a close person specified by such person himself or herself (trustee) or rural municipality or city government of the residence of such person.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) As regards the scope of duties of a guardian, a ruling is also subject to appeal by the guardian on behalf of the person under guardianship. If several guardians were appointed to perform jointly, each one of them may file a separate appeal.
(3) An appeal against a ruling cannot be filed after five months have passed from communicating the ruling to the guardian.
(4) An appeal may be filed against a ruling on costs if the object of the appeal exceeds the amount of 200 euros. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal to the Supreme Court.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

Chapter 54 PLACEMENT OF PERSON IN CLOSED INSTITUTION

§ 533. Placement of person in closed institution

(1) The court conducts proceedings in the following matters based on a petition by the rural municipality or city government of the residence of a person pursuant to the procedure provided in this Division:
[RT I 2008, 59, 330 - entry into force 01.01.2009]
1) placement of a mentally ill person in a psychiatric hospital or a social welfare institution without or against his or her will together with deprivation of the liberty and application of inpatient treatment to the person;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
2) hospitalisation of a person suffering from a communicable disease without his or her consent and application of inpatient treatment to the person if this is necessary for the prevention of the spread of an especially dangerous communicable disease;
3) other matters of placement of a person in a closed institution provided by law.
(2) Proceedings are also conducted by the court in the matter of placement of a mentally ill person in a psychiatric hospital or a social welfare institution without or against his or her will
based on an application of the guardian.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 534. Application of provisional legal protection

(1) Based on the request of the petitioner, the court may place a person in a closed institution pursuant to the procedure for application of provisional legal protection if:
1) the conditions of placement in a closed institution are clearly met and a delay is likely to endanger the person himself or herself or third persons; and
2) adequate documents exist concerning the state of health of the person.
(2) A request for applying provisional legal protection to place a person who suffers from a mental disorder in a psychiatric hospital without or against his or her will may also be submitted by a person specified in subsection 13 (1) of the Mental Health Act.
(3) The hearing of a person whose placement in a closed institution is requested or the hearing of other persons is not necessary in order to apply provisional legal protection if the court is also able to adequately assess the necessity of application thereof on the basis of documents, or if the hearing may cause damage to the health of the person whose placement in a closed institution is requested, or if the person is unable to express his or her will. The person himself or herself or other persons may also be heard by a judge acting on the basis of a letter of request.
(4) The court may also hear a person whose placement in a closed institution is requested or other persons after applying provisional legal protection.
(5) Provisional legal protection may be applied for up to four days as of the placement of a person in a closed institution. After the person himself or herself is heard, the term may be extended for up to 40 days if this is clearly necessary also in the opinion of the psychiatrist or another competent doctor. Provisional legal protection may also be applied for the purpose and term specified in subsection 537 (4) of this Code.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]
(6) In the cases and pursuant to the procedure provided by law, a person may also be placed in a closed institution without a court ruling if this is strictly necessary for the protection of the person himself or herself or the public, and a court ruling cannot be obtained promptly enough.
In such case a request shall be submitted for obtaining a court ruling such that the court would be able to adjudicate the request no later than within 48 hours after placement of the person in a closed institution.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 535. Appointment of representative to person

(1) If this is necessary in the interests of the person and the person is not represented by another person with active civil procedural legal capacity, who need not meet the requirements of § 218 of this Code, the court appoints a representative to the person in a proceeding for placement of the person in a closed institution. The existence of a representative appointed by the person
himself or herself does not prevent the court from appointment of a representative to the person if, in the opinion of the court, the representative appointed by the person himself or herself is unable to sufficiently protect the interests of the represented person.
(2) If the court fails to appoint a representative, the court must set out the reasons therefor in the ruling on placement of the person in a closed institution. A representative need not be appointed to a person upon application of provisional legal protection, unless the person wants a representative for filing an appeal against a ruling on provisional legal protection or if the extension of the term for provisional legal protection is being decided. A person's right to a representative for filing an appeal against a ruling shall be explained to the person in the ruling on the application of provisional legal protection unless a representative has been appointed to the person earlier.
(3) The representative shall, among other, personally meet the person for the placement of
whom in a closed institution the court is conducting proceedings and hear him or her without the presence of the judge.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 536. Hearing of person himself or herself and other persons

(1) Before a person is placed in a closed institution, the person shall be heard in person by the court and the court shall explain the course of the proceeding to him or her. If necessary, the court hears the person in his or her usual environment. The provisions concerning the procedure for hearing persons in a proceeding conducted in the matter of establishment of guardianship over an adult with restricted active legal capacity correspondingly apply to other aspects of the proceeding.
(2) Before a person is placed in a closed institution, the court shall also hear the opinion of the rural municipality or city government, and the following persons:
1) the spouse of the person, and other family members who live together with the person; [RT I 2008, 59, 330 - entry into force 01.01.2009]
2) the guardian of the person;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
3) the trustee appointed by the person;
31) the members of the rehabilitation team;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
4) the head of the closed institution in which the person stays, or an official appointed thereby.
(21) The persons specified in subsection 2 (1) of this section need not be heard if:
1) the person for the placement of whom in a closed institution the court is conducting proceedings objects to hearing them;
2) these persons themselves waive the hearing;
3) the hearing of these persons clearly does not contribute to the adjudication of the matter;
4) the court fails to find or contact these persons regardless of reasonable efforts. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(22) The ruling shall set out the reasons for failure to hear the person himself or herself or other persons.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) Based on the directions of the court, the rural municipality or city government collects and submits the data necessary for placing a person in a closed institution to the court.

§ 537. Conduct of expert assessment

(1) The court may place a person in a closed institution only if there is an expert opinion on the prerequisites for placement of the person in a closed institution, including a prediction on how dangerous the person is, prepared by an expert who has personally examined or questioned the person. The court assigns the task of conducting an expert assessment to one expert, except in the case of an expert assessment conducted by an expert committee or a complex expert assessment. Only a psychiatrist or, in the case of a person suffering from a communicable disease, a doctor competent in the field, may be used as an expert. Another person with specific expertise may
also participate as an expert in the case of an expert assessment conducted by an expert committee or a complex expert assessment. The opinion of a psychiatrist who has examined the person can be considered by the court as the expert opinion specified in this section. The provisions of this subsection do not apply to the application of provisional legal protection.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]
(11) If the court conducts proceedings in the matters of placement of a person in a closed institution on the basis of clause 533 (1) 1) of this Code and appointment of a guardian for the same person on the basis of subsection 520 (1) of this Code, the court may order a joint expert assessment about the necessity of establishing guardianship and the prerequisites for placement of the person in a closed institution.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]
(12) A person to whom provisional legal protection has been applied in conformity with subsection 534 (5) of this Code is not ordered to undergo an expert assessment before the petition specified in subsection 533 (1) or (2) of this Code has been submitted to the court. [RT I, 04.07.2012, 1 - entry into force 01.08.2012]
(2) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) If a person is ordered to undergo an expert assessment, such person is required to appear before an expert. If the person fails to appear before an expert, the court may, after hearing the opinion of the expert, apply compelled attendance to bring the person before an expert.
(4) After hearing the expert, the court may order placement of the person in a medical institution for observation for up to one month if this is necessary for conduct of an expert assessment. Before a ruling is made, the person shall be heard. Where necessary, the court may extend, by a ruling, the time for placement of a person in a medical institution for up to three months and apply compelled attendance with respect to the person.

§ 538. Court ruling

(1) A ruling on placement of a person in a closed institution sets out:
1) the person who is to be placed in a closed institution;
2) a description of the measure of placement in a closed institution;
3) the term for placement in a closed institution;
4) an explanation of the possibility to file an appeal against the ruling.
(2) A person shall not be placed in a closed institution for a period longer than one year as of the date the ruling was made unless otherwise provided by law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 539. Termination of placement in closed institution

(1) The court terminates the placement of a person in a closed institution by a ruling, also upon the application of provisional legal protection, after the prerequisites therefor have ceased to exist or if it appears that the prerequisites were not fulfilled. The court may terminate the placement in a closed institution based on an application by the person himself or herself, the
person's guardian or the rural municipality or city government of the residence of the person or at the initiative of the court.
(2) Before termination of placement of a person in a closed institution the court asks the opinion of the rural municipality or city government, unless the latter filed a petition for termination of placement of the person in a closed institution, if asking of an opinion does not cause a
significant delay in adjudication of the matter. A representative need not be appointed to a person in a matter of termination of placement of a person in a closed institution unless the person wants a representative for filing a petition.
(3) A closed institution shall immediately inform the court if in the opinion thereof there is no need to keep the person in the closed institution until the end of the term set by the court. If a person is released from a closed institution before the time set by the court, including the time set by way of provisional legal protection, the court shall also be informed thereof immediately.
Even in this case the court shall decide on termination of placement of the person in a closed institution pursuant to the procedure provided for in subsection (1) of this section.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 5391. Extension of term for placement in closed institution and repeated placement of person in closed institution

(1) The provisions concerning placement in a closed institution apply to the extension of the term of placement in a closed institution. If a person has spent more than four years in a closed institution, the court shall not, as a general rule, assign the task of conducting an expert assessment to a person who has, until such time, treated the person placed in the institution, performed an expert assessment on his or her state of health, or who is employed by the institution in which the person has been placed.
(2) A new expert assessment is not required for the extension of the term for placement of a person in a closed institution or repeated placement of a person in a closed institution if not more than one year has passed from the conduct of the previous expert assessment and the state of health of the person has not changed according to the documents reflecting it. Under the same conditions the hearing of the person himself or herself, his or her spouse and family members is not required if not more than one year has passed from the previous hearing of the persons.
(3) In the case specified in subsection (2) of this section a representative shall be appointed to the person in the proceeding only if the person wants a representative for filing an appeal against the ruling.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 540. Suspension of placement in closed institution

(1) The court may suspend, by a ruling, the placement of a person in a closed institution for up to one year based on an application by the person himself or herself, the guardian thereof or the rural municipality or city government of the residence thereof or at the initiative of the court. Compliance with conditions and performance of obligations may be attached to such suspension. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) The court may annul the suspension if the person fails to comply with the conditions or perform the obligations assigned to him or her, or if annulment of the suspension is necessary due to his or her condition.
(3) Before annulling a suspension, the court shall hear the person himself or herself, the persons specified in subsection 536 (2) of this Code and the rural municipality or city government.

§ 541. Communication and entry into force of ruling

(1) The court serves the ruling on placement of a person in a closed institution or suspension or termination thereof, including a ruling on application of provisional legal protection, as well as the ruling on refusal to place a person in a closed institution on the person himself or herself, the representative thereof in the proceeding and the guardian. The reasoning of the ruling need not be communicated to the person himself or herself if the person is clearly unable to understand it or if it may cause significant damage to his or her health.
(2) The court also sends the ruling specified in subsection (1) of this section to the trustee appointed by the person and the rural municipality or city government of the residence of the person. The court also communicates the ruling to the persons specified in clause 536 (2) 1) of this Code whom the court heard in the proceeding unless the person whose placement in a closed institution was requested objects to it or the court does not consider the communication of the ruling or its reasons to them necessary. Such persons may still demand the communication of the ruling in full.
(3) A ruling on placement in a closed institution enters into force and is subject to enforcement if such ruling is not subject to further appeal, or if a decision has been made to refuse to satisfy or hear the appeal against the ruling.
(4) The court may declare a ruling to be subject to enforcement upon service of the ruling on the person himself or herself or the representative thereof or guardian thereof or upon sending it to the rural municipality or city government of the residence thereof.
(5) The court informs other courts and agencies of the ruling if this is in the interests of the person to whom the measure was applied, or in the interests of a third party or the public. The court may notify of any relevant facts which become evident in the course of a proceeding already before the end of the proceeding.
(6) If the person is detained in a custodial institution, medical institution, social welfare institution or any other institution, the court also informs such institution of the ruling. [RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 542. Enforcement of ruling

(1) A ruling on placement of a person in a closed institution is enforced by the institution in which the person is to be placed. If the parents or the guardian of the person so request, the institution assists them in taking the person to the institution.
(2) Upon enforcement of a ruling on placement of a person in a closed institution force may be used and if necessary the assistance of the police may be used for enforcement unless otherwise prescribed by the court ruling.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 543. Filing of appeal against ruling

A ruling on placement of a person in a closed institution or a ruling on refusal to do so, a ruling on termination of placement in a closed institution or a ruling on refusal to do so, or a ruling on application of provisional legal protection is subject to appeal by the person to whom such measure was applied, by the persons specified in subsection 536 (2) of this Code or by the rural municipality or city government or the head of the closed institution. The person to whom a measure was applied may file an appeal against the ruling regardless of termination of application of the measures, among other, to establish unlawfulness of placement in a closed institution.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 55 IMPOSITION OF RESTRAINING ORDER AND OTHER SIMILAR MEASURES FOR PROTECTION OF PERSONALITY RIGHTS

§ 544. Application of restraining order and other measures for protection of personality rights

(1) In order to protect the personal life of a person or other personality rights, the court may apply a restraining order or other measures based on § 1055 of the Law of Obligations Act. Such measures may be applied with a term of up to three years.
(2) If the court conducts proceedings in the matter of application of measures in order to protect a personality right in connection with a family relationship, the provisions of law concerning family matters on petition additionally apply, unless otherwise provided by this Chapter.
(3) The court may also adjudicate a matter specified in subsection (1) of this section in actions if it is adjudicated together with another action or if so requested by the plaintiff.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 545. Hearing and conciliation of participants

Before applying a restraining order or another measure for protection of personality rights, the court hears the person with respect to whom application of such measure is requested and the person in the interests of whom proceedings are conducted for application of such measure. Where necessary, the court also hears the persons close to the persons specified above, or the rural municipality or city government or police authority of the residence of the persons.

§ 546. Application of provisional legal protection

Where necessary, the court may secure a petition for application of a restraining order or another measure for protection of personality rights or apply provisional legal protection by a ruling at its own initiative. As a measure of provisional legal protection, measures for securing the action may be applied pursuant to the procedure for securing an action.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 547. Service and entry into force of ruling

A ruling on application of a restraining order or another measure for protection of personality rights is served on the persons with regard to and in the interests of whom such measures are applied. The ruling is subject to enforcement from the service thereof on the obligated person. [RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 548. Cancellation and alteration of measures for protection of personality rights

If circumstances change, the court may cancel or alter a restraining order or another measure for protection of personality rights. Before cancelling or altering a measure, the court hears the participants.

§ 549. Filing of appeal against ruling

(1) A ruling on application of a restraining order or another measure for protection of personality rights is subject to appeal by the persons obligated to comply therewith.
(2) A ruling whereby the court refuses to satisfy a petition for applying a restraining order or another measure for protection of personality rights, or cancels or alters such measure is subject to appeal by the person who requested application of the measure or in whose interests the measure was applied.

Chapter 56 PROCEEDINGS IN FAMILY MATTERS ON PETITION Division 1 General Provisions

§ 550. Family matters on petition

(1) The following family matters are adjudicated in proceedings on petition:
1) appointment of a guardian for a minor;
2) determination of a parent's rights to a child, including deprivation of parental rights from a parent, and regulation of access to a child (matters of right of custody);
[RT I 2008, 59, 330 - entry into force 01.01.2009]
3) adoption;
4) extension of the active legal capacity of a minor;
5) establishment of filiation from a person and contestation of an entry concerning a parent after the death of a person;
6) grant of consent for performance of a transaction on behalf of a child or person under guardianship;
61) deciding on the return of a child on the basis of the Convention on the Civil Aspects of
International Child Abduction (RT II 2001, 6, 33); [RT I 2008, 59, 330 - entry into force 01.01.2009]
7) other family matters placed within the jurisdiction of the court which cannot be adjudicated in actions.
(2) The court may also adjudicate a matter of determination of a parent's rights to a child and regulation of access to a child in actions if adjudication of such matter is demanded in a divorce case or in an action for ordering support.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) Rulings made in family matters on petition are subject to enforcement as of entry into force thereof unless otherwise provided by law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 551. Application of provisional legal protection

(1) Upon hearing a family matter on petition, the court may apply, based on a request or at the initiative of the court, measures for securing an action as a measure of provisional legal
protection.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) Before applying provisional legal protection to a minor, the court shall obtain the opinion of the rural municipality or city government of the minor's residence, unless the resulting delay would clearly damage the interests of the minor. If a measure was applied without obtaining the opinion of the rural municipality or city government, such opinion must be obtained at the earliest opportunity.

§ 552. Cooperation with rural municipality and city governments

(1) Where, pursuant to law, participation of a rural municipality or city government is necessary, the court informs such authority of the proceeding. Unless otherwise provided by law, the court informs a rural municipality or city government of a proceeding and circumstances related
thereto also in other cases where knowledge of such circumstances is clearly necessary to the rural municipality or city government for the performance of its duties.
(2) In proceedings pertaining to minors or guardianship, the court obtains the position of a rural municipality or city government and sends the rural municipality or city government transcripts of the rulings whereby the proceedings are terminated.

§ 5521. Hearing of child

(1) In matters pertaining to a child, the court hears a child of at least 10 years of age in person unless otherwise provided by law. The court may also hear a younger child. The court hears a child in his or her usual environment if, in the opinion of the court, this is necessary in the interests of the matter. If necessary, a child is heard in the presence of a psychiatrist, psychologist or social worker. The court may also permit other persons to be present at the hearing of a child unless the child or representative thereof objects to it.
(2) Upon hearing a child, he or she shall be informed of the object and potential outcome of the proceeding to the extent the child is presumed to be able to understand it unless this can be presumed to result in harmful consequences to the development or upbringing of the child. A child shall be given an opportunity to present his or her position.
(3) Hearing of a child shall be denied only with good reason. If a child is not heard due to the reason that the delay would damage the child's interests, the child shall be heard afterwards at the earliest opportunity.
(4) The court may transfer the task of hearing a child to a court acting based on a letter of
request only if it is evident that the court will be able to evaluate the outcome of the hearing even without having directly communicated with the child.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 553. Right of child to independently file appeals

(1) A child of at least 14 years of age with sufficient capacity to exercise discretion and will has the right, in a family matter on petition pertaining to his or her person, to file an appeal against a ruling without the assistance of his or her legal representative. The same also applies to other matters where a child must be heard before adjudication of the matter.
(2) A child shall be personally informed of the rulings against which he or she may file an appeal. The reasoning of a ruling need not be communicated to a child if this could result in harmful consequences to the development, upbringing or health of the child.

Division 2 Appointment of Guardian for Minor

§ 554. Appointment of guardian for minor

Unless otherwise provided by this Division, the provisions concerning appointment of a guardian to a person with restricted active legal capacity apply to appointment of a guardian for a minor with the exception of the provisions concerning expert assessment.

§ 555. Application of provisional legal protection

(1) If it can be presumed that the prerequisites for appointing a guardian are clearly fulfilled and a delay is likely to endanger the interests of the minor and the child who is at least seven years of age and has sufficient capacity to exercise discretion and will has been heard, the court may
apply provisional legal protection by a ruling and, among other, appoint a temporary guardian to the child.
(2) For the purpose specified in subsection (1) of this section, a child may also be heard by a judge acting on the basis of a letter of request.
(3) Where a delay is likely to result in danger, the court may apply provisional legal protection even before a child is heard. In such case the child shall be heard afterwards at the earliest opportunity. A child need not be heard if this would clearly cause significant damage to his or her health or if the person is clearly not able to express his or her will.
(4) Upon selection of a temporary guardian, the wishes of the petitioner and the requirements for guardians prescribed by law need not be considered.
(5) A temporary guardian shall not be appointed for a period longer than six months.
(6) The court may release a temporary guardian from his or her duties if the prerequisites for the release are clearly fulfilled and a delay would result in endangerment of the interests of the person under guardianship.
(7) A ruling on appointment or release of a temporary guardian is valid and subject to enforcement as of the time it is made public.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 556. [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 557. Court ruling

(1) The court appoints a guardian to a minor by a ruling. (2) A ruling sets out:
1) the person for whom a guardian is appointed;
2) the person or agency appointed as a guardian;
3) the duties of the guardian;
4) whether the minor is permitted to perform transactions without the consent of the guardian and what transactions are permitted.
(21) The ruling sets out that guardianship is established until the minor attains the age of majority unless the court appoints a guardian for a shorter period.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) A ruling on establishment of guardianship gives the guardian the right to represent the person under guardianship.

Division 3 Determination of Parent's Rights to Child and Regulation of Access to Child

§ 558. Hearing of parents

(1) In a proceeding pertaining to the rights of a parent to a child, the court hears the parents. As regards the personality rights of the parents, the court hears the parents in person. If a proceeding is conducted in the matter of endangerment of the welfare of a child, the court hears the parents
in person and discusses the protection of the child's interests with them.
(2) The court need not hear a parent who has no parental rights or whose children have been placed under guardianship if hearing the parent clearly does not contribute to the adjudication of the matter or clarification of the circumstances.
(3) The court need not hear the parents if the resulting delay would clearly present a danger to the interests of the child.

§ 559. [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 560. Hearing of foster parents and other persons who contribute to raising of child

If a child has lived, for a longer period of time, with one parent or a person entitled to access the child or with a foster family, the court also hears such persons in a matter pertaining to the child
unless this clearly does not contribute to the hearing of the matter or clarification of the circumstances.

§ 561. Settlement of matter by agreement

(1) In a proceeding pertaining to a child, the court shall try, as early as possible and at each stage of the proceeding, to direct the participants towards settling the matter by agreement. The court shall hear the participants as early as possible and draw their attention to the possibility to seek the assistance of a family counsellor and above all, for forming a common position on taking
care of and assuming responsibility for the child.
(2) The court may suspend a proceeding pertaining to a child if this does not result in a delay which might endanger the interests of the child and the participants agree to participate in extra- judicial counselling or if, in the court's opinion, there are prospects to settle the matter by way of agreement between the participants due to another reason.

§ 562. Surrender of things prescribed for personal use of child

If the court orders surrender of a child, the court may make, as a means of provisional legal protection, a ruling on surrender of the things prescribed for the personal use of the child.

§ 563. Conciliation procedure in case of violation of ruling regulating access to child or agreement

(1) If a parent informs the court that the other parent violates a court ruling regulating access to the child or an agreement entered into in a notarised format or hinders compliance therewith, the court summons, based on a petition by the parent, the parents to appear before the court in order to settle the conflict pertaining to the child by way of agreement. The court need not summon the parents to appear before the court if application of a conciliation procedure or subsequent extra- judicial counselling has already failed.
(2) The court also conducts the proceeding provided in this section on the basis of a petition by a parent if the parents have agreed on an arrangement on access to the child otherwise than in a notarised format and earlier this arrangement has been operative for a longer period of time and such arrangement of access to the child generally complies with the usual reasonable arrangement.
(3) The court summons the parents in person and explains the potential legal consequences of failure to appear. Where necessary, the court also summons a representative of a rural municipality or city government to be present at the hearing.
(4) The court discusses with the parents the consequences of the inability to access the child on the welfare of the child and draws their attention to potential coercive measures for compliance with the ruling or agreement. The court also draws their attention to the potential restriction or deprivation of the right of access and to the fact that they have an opportunity to seek the guidance of a family counsellor.
(5) The court shall try to reach an agreement between the parents concerning access to the child.
(6) If the parents agree on an arrangement concerning access to the child which differs from the arrangement provided by the court ruling or an earlier agreement and this is not contrary to the interests of the child, the agreement is recorded as a judicial compromise and the court approves it by a ruling substituting for the former ruling or agreement.
(7) If an agreement on regulating access is not reached in court or subsequently in family counselling, or if one of the parents fails to appear before the court or refuses to use the opportunity of seeking the guidance of a family counsellor, the court makes a ruling whereby it declares the failure of the conciliation procedure and determines:
1) the coercive measures which are to be applied;
2) the extent to which the ruling or agreement on access must be amended;
3) the changes which need to be made in the parents' rights to the child.
(8) In order to ensure compliance with and eliminate the violation of a court ruling or agreement regulating access to a child, an enforcement proceeding may be conducted only based on the ruling containing the provisions of clause (7) 1) of this section unless otherwise provided by law.
(9) The court conducts the proceeding specified in this section within 60 days after the filing of a petition.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 5631. Communication of ruling

A ruling on a matter of right of custody of a parent serves as a basis for amending the vital statistics information of a person. The court sends the ruling to a vital statistics office within ten days after the entry into force of the ruling for entry of the information concerning the right of custody in the population register.
[RT I 2009, 30, 177 - entry into force 01.07.2010]

Division 4 Adoption

§ 564. Petition for adoption

(1) The court decides on an adoption only on the basis of the application of a person wishing to adopt.
(2) The name of the person whom the petitioner wants to adopt, the year, month and day of such person's birth, and any known data concerning such person's parents are set out in the petition. If the petitioner wants to change the name of the child, the person shall indicate so in the petition.
(3) In a petition, the petitioner indicates the year, month and day of the petitioner's birth, and the facts which prove that he or she is capable of raising the child, caring for the child and maintaining the child.
(4) If the petitioner is married, he or she annexes the written consent of his or her spouse to adoption to the petition unless pursuant to law, the spouse's consent is not needed for adoption.

§ 565. Hearing of petitioner

The court hears the petitioner in person in a matter of adoption unless the petitioner has good reason for not appearing before the court.

§ 566. [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 567. Opinion of county governor and Ministry of Social Affairs

(1) The court orders the county governor of the residence of a child to gather information necessary for the adjudication of the adoption of the child and to submit such information to the court.
(2) The county governor submits to the court information on the health, financial situation and housing of the petitioner, and provides an opinion on whether the petitioner is capable of raising the child, caring for the child and maintaining the child.
(3) If the residence of the petitioner is in a foreign state, the duties provided in subsections (1) and (2) of this section are performed by the Ministry of Social Affairs instead of a county governor.

§ 568. Ruling on adoption

(1) A ruling on adoption sets out the name of the adopted child and his or her other personal data to be entered in the register and, upon the change of his or her given name or surname, his or her new given name or surname, and the name of the adoptive parent and his or her other personal data to be entered in the register as well as the legal basis for adoption. If a parent's consent to adoption is not required, it is so indicated in the ruling.
(2) A ruling on adoption enters into force as of its service on the adoptive parent. A ruling on adoption is not subject to appeal or amendment.
(3) The court sends a ruling on adoption to the vital statistics office after the ruling has entered into force. The ruling serves as a basis for amending the vital statistics information of the adopted child.
[RT I 2009, 30, 177 - entry into force 01.07.2010]
(4) The petitioner may file an appeal against a ruling on refusal to satisfy a petition.

§ 569. Invalidation of adoption

(1) In a proceeding for invalidation of adoption, the court hears the county governor or, if the adoptive parent resides in a foreign state, the Ministry of Social Affairs. If possible, the adoptive parent is also heard.
(2) In a proceeding for invalidation of adoption, the court appoints a representative for the adopted child.
(3) A ruling on invalidation of adoption enters into force and is subject to enforcement after it is no longer subject to appeal.

Division 5 Extension of Active Legal Capacity of Minor

§ 570. Commencement of proceedings

The court decides the extension of the active legal capacity of a minor based on the petition of the minor himself or herself, or the minor's parent or guardian, or a rural municipality or city government of the residence of the minor.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 571. Content of petition

(1) A petition sets out:
1) the basis for requesting extension of the active legal capacity of the minor;
2) the data constituting the basis for extension of the active legal capacity.
(2) The consent of the legal representative of the minor to extension of the active legal capacity of the minor is annexed to the petition. Refusal to grant consent shall be set out in the petition.

§ 572. Ordering expert assessment

(1) Where necessary, the court orders an expert assessment to ascertain the level of development of the minor. Before giving an expert opinion, the expert shall question the minor in person.
(2) If the minor with regard to whom expert assessment has been ordered fails to appear before the expert without good reason, the court refuses to hear the petition.

§ 573. Rural municipality or city government in proceedings

At the request of the court, the rural municipality or city government of the residence of the minor gathers and submits to the court information needed for extension of the active legal capacity of the minor, and provides its opinion on the extension of the active legal capacity.

§ 574. Hearing of persons

(1) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009] (2) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009] (3) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) If the minor fails to appear at the hearing of him or her without good reason, the court refuses to hear the petition.
(5) In the course of the proceeding, the court asks for the position of the legal representatives of the minor. At the request of the minor, another person close to him or her shall be granted an opportunity to provide an opinion unless this significantly delays the proceeding.
(6) If extension of active legal capacity is requested for the purpose of contracting marriage, the person wishing to marry the minor is also heard in person by the court.

§ 575. Court ruling

(1) The court decides the extension of a minor's active legal capacity by a ruling. (2) A ruling sets out:
1) the person whose active legal capacity is extended;
2) the transactions or legal acts which the minor is permitted to perform without the consent of his or her legal representative.

§ 576. Amendment and annulment of ruling

The provisions concerning a ruling on the extension of active legal capacity correspondingly apply to the amendment and annulment of a ruling on extension of the active legal capacity of a minor.

§ 577. Communication and entry into force of ruling

(1) A ruling enters into force and is subject to enforcement as of its service on the minor.
(2) The court informs other courts and agencies of the ruling if this is clearly in the interests of the minor, third parties or the public. At the request of the minor, the court publishes a notice in the publication Ametlikud Teadaanded.

§ 578. Filing of appeal against ruling

(1) A ruling on extension of the active legal capacity of a minor, a ruling on amendment or annulment of such ruling and a ruling on refusal to satisfy a petition for making such ruling is subject to appeal by the appellant, the minor and the rural municipality or city government of the
residence thereof.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) An appeal against a ruling shall be filed not later than five months after the date on which the ruling was served on the minor.

Division 6 Establishment of Filiation from Person and Contestation of Entry Concerning

Parent after Death of Person

§ 579. Petition for establishment of filiation and contestation of entry

(1) The court hears a matter of establishment of filiation from a deceased person or contestation of an entry in a birth registration or the population register concerning the parent of a deceased person only based on a petition.
(2) A petition for establishment of filiation of a person from a deceased person or contestation of an entry made in a birth registration or the population register concerning the parent of a
deceased person may be filed by the person the establishment of whose filiation is requested or whose filiation is contested, his or her guardian or a rural municipality or city government.
(3) The petition sets out the circumstances based on which the person from whom filiation is to be established can be considered to be the parent or based on which the person entered in the birth registration or the population register cannot be considered to be the parent.
[RT I 2009, 30, 177 - entry into force 01.07.2010]

§ 580. Hearing of persons

(1) The court hears the other parent of the child, and the parents, spouse and adult children of the deceased person, and any other persons whose hearing the court deems necessary.
(2) The court may refuse to hear a person specified in subsection (1) of this section only if the person is incapable of providing statements for an extended period of time or his or her whereabouts are unknown.
(3) If a petition is filed by the mother or guardian of a minor child, the court also asks for the opinion of the rural municipality or city government of the residence of the child.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 581. Ordering expert assessment

If necessary, the court orders an expert assessment to establish filiation if this is possible without exhuming the body from its place of burial.

§ 582. Court ruling on petition for establishment of filiation or contestation of entry concerning parent

(1) A ruling on establishment of filiation sets out the name of the person whose filiation has been established and his or her other personal data subject to entry in the register, and the name of the person from whom filiation has been established and his or her other personal data subject to entry in the register.
(2) A ruling on establishment of the fact that an entry in a birth registration or the population register concerning a parent is incorrect and the child does not descend from a deceased person sets out the same data concerning the persons who are deemed not to be parent and child.
[RT I 2009, 30, 177 - entry into force 01.07.2010]
(3) A ruling whereby the court decides on a petition for establishment of filiation or a petition for contestation of entry in a birth registration or the population register concerning a parent enters into force and is subject to enforcement after the expiry of the term for filing appeals against the ruling.
[RT I 2009, 30, 177 - entry into force 01.07.2010]
(4) The court sends a ruling on establishment of filiation or on incorrectness of an entry concerning a parent to the vital statistics office after entry into force thereof. The ruling serves as a basis for amending the vital statistics information of child.
[RT I 2009, 30, 177 - entry into force 01.07.2010]

§ 583. Filing of appeal against ruling

A ruling on establishment of filiation or on incorrectness of an entry concerning a parent, or a ruling on refusal to satisfy a petition is subject to appeal by the petitioner, or the parents, spouse or adult children of the deceased person, or the rural municipality or city government of the residence of the petitioner.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 57 APPLICATION OF ESTATE MANAGEMENT MEASURES

§ 584. Security for costs of application of management measures

(1) The court may obligate the person who files a petition for application of estate management measures or the person in whose interests estate management measures are applied to pay an amount of money prescribed by the court to the account prescribed for such purpose in order to cover for the costs of applying estate management measures if there is reason to believe that the estate is not sufficient for payment.
[RT I, 31.01.2014, 6 - entry into force 01.04.2014]
(2) The ruling specified in subsection (1) of this section is subject to appeal. A ruling of a circuit court concerning an appeal against such ruling is not subject to appeal to the Supreme Court.

§ 585. Hearing of persons

In a proceeding conducted in a matter of application of estate management measures, the court hears the petitioner or the person in whose interests the estate management measures are to be applied, and the person whose appointment as administrator of estate is requested. Where necessary, the court also hears other persons whose rights and interests are affected by the petition.

§ 586. Ruling on application of management measures

(1) Unless otherwise provided by this Chapter, the court decides on application of management measures and appointment of administrator of estate pursuant to the provisions concerning establishment of custody over the property of an absent person.
(2) A ruling on application of management measures and appointment of administrator of estate enters into force as of its service on the administrator. The ruling is also communicated to the petitioner, successors, legatees, and to the creditors of the bequeather and executor of the will.
(3) The court may alter or cancel management measures or release an administrator from his or her duties based on a petition by a successor, legatee, administrator of estate, a creditor of the bequeather or executor of the will, or at the initiative of the court.
(4) A ruling is subject to appeal by the petitioner or another person specified in subsection (3) of this section.
[RT I 2005, 39, 308 - entry into force 01.01.2006]
(5) Application of management measures and appointment of administrator of estate may also be decided by an assistant judge.
[RT I 2010, 38, 231 - entry into force 01.07.2010]
(6) The court makes an entry on application, alteration or termination of estate management measures in the succession register.
[RT I, 09.10.2013, 1 - entry into force 28.10.2013]

§ 587. Costs of management measures

(1) The costs necessary for application of management measures are covered out of assets of the estate. On the directions of the court, assets of an estate may be sold to cover the costs of applying management measures. If the assets of the estate are not sufficient for covering the costs, such costs are covered out of the money specified in subsection 584 (1) of this Code. Money remaining from money paid into the account prescribed by the court is returned.
[RT I, 31.01.2014, 6 - entry into force 01.04.2014]
(2) An appeal against a ruling on covering the costs of applying management measures may be filed by a successor, legatee, the administrator of estate, a creditor of the bequeather or executor of the will. A ruling made by a circuit court concerning an appeal against a ruling is not subject
to appeal to the Supreme Court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 588. [Repealed - RT I 2010, 38, 231 - entry into force 01.07.2010]

§ 589. Grant of permission for transfer of immovable

(1) A petition for grant of permission for the transfer of an immovable belonging to an estate may be filed by the administrator of estate with the court which applied the estate management measures.
(2) The court decides on the grant of permission by a ruling. An appeal against the ruling may be filed by a successor, legatee, the administrator of estate, executor of the will, a creditor of the bequeather, or a co-owner or joint owner of the immovable. A ruling of a circuit court concerning an appeal against such ruling is not subject to appeal to the Supreme Court.

§ 590. Report of administrator of estate

(1) The administrator of estate submits a report to the court upon the termination of administration. The court may also demand a report from the administrator of estate prior to the termination of administration. Successors and legatees have the right to examine the submitted report.
(2) A report sets out the initial composition of the estate, payments made from the estate and income from income producing assets of the estate.
(3) The court terminates the administration of an estate by a ruling and releases the administrator of estate from his or her duties if the bases for administration of the estate cease to exist.
(4) An appeal against a ruling on the termination of administration or on refusal to terminate administration may be filed by a successor, legatee, executor of the will, a creditor of the bequeather, or joint owner or co-owner of the property belonging to the estate.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Chapter 58 REGISTRY MATTERS

§ 591. Registers maintained by court

County courts maintain the following registers provided by law:
1) commercial register;
2) non-profit associations and foundations register;
3) land register;
4) ship register;
5) marital property register;
6) commercial pledge register.

§ 592. Procedure for maintaining register

(1) The procedure for maintaining a register is provided by law. The Minister of Justice may establish, by a regulation, technical and operational requirements for the maintaining of registers and making of entries.
(2) The provisions of the Public Information Act concerning databases apply to the registers maintained by the court and the maintenance of registers with the specifications provided by this Act.
[RT I 2007, 12, 66 - entry into force 25.02.2007]

§ 593. Petition for entry

(1) The court makes entries in a register only based on a petition or court decision unless otherwise provided by law.
(2) A petition for entry is filed with the court in the format provided by law by a person authorised by law to submit a petition.
(3) A person who is authorised to submit a petition may withdraw the petition until a ruling on entry is made. In order to withdraw a petition, a petition in the same format as the original petition shall be submitted to the registrar, which shall also set out the reason for the withdrawal of the petition.
(4) The notary who certified or authenticated a petition may represent the petitioner in the adjudication of the registry matter in court. Among other, the notary may submit a petition for withdrawal or amendment of the petition, or an appeal against a ruling on behalf of the petitioner. The petitioner may terminate the notary's right of representation.

§ 594. Court decision replacing petition or consent

If a petition or consent of a person is needed for making an entry, such petition or consent may be replaced by a court decision which has entered into force and is subject to immediate enforcement and which establishes the obligation of the person to contribute to the making of the entry, or establishes a legal relationship based on which the entry must be made.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 595. Competence of judges and assistant judges

(1) Judges and assistant judges are competent to make entries in a register and enter rulings concerning the maintenance of a register therein, including rulings which impose a fine.
(2) An assistant judge shall refer the making of a ruling or entry to a judge:
1) if the law of another state is to be applied;
2) if he or she wishes to derogate from the position of the judge, which is known to him or her;
3) if legal complications become evident upon the review of a petition;
4) if, in his or her opinion, the provision subject to application is contrary to the Constitution or
European Union law;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
5) if compulsory dissolution of a legal person, liquidation or appointment of liquidators is being decided;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
6) in other cases provided by law.
(3) A judge may refer the making of a ruling or entry back to an assistant judge. In such case the assistant judge is bound by the position of the judge.
(4) The provisions concerning the removal of judges in this Code apply to the removal of assistant judges.

§ 596. Ruling on entry

(1) In a registry matter, a petition is adjudicated by a ruling on entry and the entry is made based on such ruling.
(2) If a petition has an omission preventing the making of an entry or if a necessary document is missing, and the omission can clearly be corrected, the court sets a term for correcting the omission. If the omissions are not corrected by the end of the term, the court refuses to satisfy the petition by a ruling on entry.
(3) If the court satisfies a petition for entry in full, the court makes an entry in the register without formulating a ruling on entry separately. In such case, the content of the entry is deemed to be the ruling on entry.
(4) If the court satisfies a petition in part, the court makes an entry concerning the satisfied part and a ruling on entry on refusal to satisfy the petition concerning the other part.
[RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 597. Making of entry

(1) A ruling on entry is enforced and an entry is made immediately unless otherwise provided by law.
(2) A ruling on entry on refusal to satisfy a petition is served on the petitioner. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) A ruling on entry, whereby a petition is satisfied, is communicated to the petitioner in the manner prescribed by a regulation of the Minister of Justice.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) If an entry is made on the basis of a ruling on entry without a petition, the ruling is served on the persons concerning whom or whose assets the entry is made.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 598. Suspension of proceeding in matter of petition for entry in connection with legal dispute

If for adjudication of a petition for entry, the court conducting proceedings in a commercial registry matter or non-profit associations and foundations registry matter would have to provide an opinion on the disputed legal relationship, the court may suspend the proceeding in the matter of the petition until the time the dispute has been adjudicated by way of actions. If an action has not yet been filed in such case, the court may set the persons concerned a term for filing an action. Proceedings in a commercial registry matter or non-profit associations and foundations registry matter may also be suspended in the case provided in § 356 of this Code.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 599. Filing of appeal against ruling on entry

A ruling on entry on refusal to satisfy a petition or whereby a petition for entry is satisfied in part or a ruling whereby a term is set for correction of omissions for a term longer than six months is subject to appeal by the petitioner. A ruling which is the basis for an entry made at the initiative of the court is subject to appeal by the person to whom the entry pertains.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 600. Correction of incorrect entry

(1) An entry is not subject to appeal but the court maintaining the register may be requested to correct an incorrect entry pursuant to the procedure provided by law.
(2) In the cases provided by law, the court maintaining a register amends data at its own initiative. The court maintaining a register corrects an entry if the ruling on which the entry is based has been annulled or amended.

§ 601. Imposition of fines

(1) If the court has certified information on the entry of incorrect data in a register, or on failure to submit data subject to entry in the register pursuant to law, the court makes a ruling whereby the persons obligated to submit the data are ordered to submit the correct data or file an objection against the ruling, and are cautioned that failure to comply may result in the imposition of a fine. The court may also impose a fine in other cases provided by law.
(2) If a person fails to perform such obligation or fails to file an objection within the term set by the court, the court makes a ruling on imposition of a fine on the person, and repeats the ruling concerning submission of the data made earlier together with a caution that a new fine may be imposed. The court continues such action until the time the obligation is performed or an objection is filed against the ruling.
(3) If an objection is filed against a ruling within the term set by the court and the circumstances set forth in the objection require further clarification, the court summons the persons concerned for clarification of the circumstances.
(4) If the court considers a submitted objection to be justified, the court annuls the ruling made earlier or reduces the fine.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) If an objection is not justified, the court makes a ruling on imposing a fine on the person and a new ruling whereby the person is required to perform the obligation. The term prescribed by the new ruling shall not commence before the term for filing appeals against the ruling has expired.
(6) In the case a justified objection is filed against a repeated ruling, the court may also annul the ruling on imposition of fine made earlier or reduce the amount of fine if there is good reason to
do so.
(7) Upon imposition of a fine, the court also orders, by a ruling, payment of the procedural expenses by the involved parties.
(8) A person who is fined may file an appeal against the ruling on imposition of the fine. A ruling of a circuit court concerning an appeal against such ruling is not subject to appeal to the Supreme Court.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Chapter 59 APPOINTMENT OF SUBSTITUTE MEMBER OF MANAGEMENT BOARD OR SUPERVISORY BOARD OF LEGAL PERSON AND APPOINTMENT OF AUDITOR, AUDITOR FOR SPECIAL AUDIT AND LIQUIDATOR FOR LEGAL PERSON

§ 602. Appointment of members of managing bodies of legal person and other persons

Based on the petition of an interested party, the court appoints a substitute member to the management board or supervisory board of a legal person, an auditor, auditor for special audit or liquidator for a legal person in the case provided by law. The court may also appoint a liquidator at the initiative of the court and among other, in the case of compulsory dissolution of a legal person. The court may appoint a substitute member to a managing body of a legal person at its own initiative regardless of any possible restrictions in the articles of association of the legal person if the service of procedural documents to the legal person by the court has failed due to the reason that the members of the managing body are not available due to their stay abroad or due to another reason or their place of stay is not known.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 603. Requirements for appointed persons

(1) The court may appoint to the positions specified in § 602 of this Code every person who conforms to the requirements specified by law and who, in the opinion of the court, is able to perform his or her duties to the extent required.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) Among other, the court may appoint a trustee in bankruptcy to the position of liquidator. (3) The consent of the person is required for his or her appointment.

§ 604. Procedure for appointment of person

(1) Where possible, a petition for appointment of a person specified in § 602 of this Code shall set out the name of the candidate whose appointment is requested. Upon appointment of a person, the court is not bound by the petition.
(2) If the court is unable to find, within a reasonable period of time, a person conforming to the requirements provided by law who consents to accepting the position, and the petitioner is unable present the court with a suitable candidate within the term set by the court, the petition is refused to be satisfied or the proceeding is terminated. If it is not possible to appoint a liquidator
to a legal person in private law which has undergone compulsory dissolution within a reasonable period of time and bankruptcy proceedings have not been initiated against the legal person in private law within a reasonable period of time, the court also orders that no liquidation proceedings are conducted with respect to the person and that the legal person is subject to deletion from the register.
(3) Where possible, the court hears the interested persons before appointing a person. Before appointing an auditor for special audit, the court shall hear the position of the management board and supervisory board and the auditor of the company.
(4) The duties of a member of the management board or supervisory board, an auditor or a liquidator may be specified upon their appointment.
(5) The court may release, at the initiative of the court, a person appointed thereby and appoint a new person.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 605. Remuneration of and compensation of costs to person appointed by court

(1) A person specified in § 602 of this Code may demand that the legal person compensate the costs incurred by the person and pay remuneration for the activities of the person. If the person fails to come to an agreement with the legal person in such matter, the court determines the amount of remuneration payable and the costs subject to compensation by a ruling.
(2) The court may demand that the petitioner or legal person in whose interests a person is appointed pay the amount needed for compensation of costs and payment of remuneration to the account prescribed for such purpose in advance. If the amount determined by the court is not paid by the due date specified by the court, the petition is refused to be satisfied or the proceeding is terminated. If an advance payment is not made in order to cover for the costs of liquidation of a legal person in private law undergoing compulsory dissolution within a reasonable period of time and a bankruptcy proceeding pertaining to the legal person in private law is not initiated within a reasonable period of time, the court may also order that no liquidation proceedings are conducted with respect to the person or such proceedings are terminated and that the legal person is deleted from the register.
[RT I, 31.01.2014, 6 - entry into force 01.04.2014]

§ 606. Validity and filing of appeals against rulings

[RT I 2008, 59, 330 - entry into force 01.01.2009]

(1) The rulings specified in this Chapter are valid and subject to enforcement as of their sending to the legal person.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) A ruling whereby a petition for appointment of a person is satisfied or refused to be satisfied or whereby proceedings are terminated is subject to appeal by the petitioner and the legal person.
(3) A ruling on the amount of remuneration and costs which payment is ordered to a person on the account of a legal person is subject to appeal by the appointed person and the legal person. A ruling prescribing advance payment to the account prescribed by the court is subject to appeal by the person obligated to pay if the amount requested is higher than 300 euros.
[RT I, 31.01.2014, 6 - entry into force 01.04.2014]
(4) A ruling of a circuit court concerning an appeal against a ruling specified in subsection (3) of this section is not subject to appeal to the Supreme Court.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Chapter 60 DETERMINATION OF AMOUNT OF COMPENSATION PAYABLE TO PARTNERS AND SHAREHOLDERS OF COMPANIES

§ 607. Determination of amount of compensation payable to partners and shareholders of companies

The provisions of this Chapter apply to the determination of the amount of compensation payable to partners and shareholders of companies specified in subsections 3638 (3), 398 (3), 404 (1), 441 (3), 448 (1), 481 (3) and 488 (1) of the Commercial Code.

§ 608. Petition for determining amount of compensation

(1) The court determines the amount of compensation payable to partners and shareholders of companies pursuant the procedure provided in this Chapter only based on a petition of a partner or shareholder entitled to determine the amount of compensation.
(2) Unless otherwise provided by law, a petition may be submitted within three months after the date on which the takeover resolution was forwarded to the registrar of the commercial register pursuant to § 36310 of the Commercial Code or after the date of the entry of the merger of companies in the commercial register of the seat of the acquiring company, or after the date of the entry of the division of companies in the commercial register of the company being divided, or after the date of the entry of the transformation in the commercial register.
(3) A petition for determination of the amount of compensation shall set out, among other:
1) the person obligated to pay compensation, the number of shares or stocks held by the person and the nominal value of the shares or stocks with a nominal value;
[RT I 2010, 20, 103 - entry into force 01.07.2010]
2) the circumstances which constitute the basis for payment of compensation;
3) the requested amount of compensation and the reasoning for requesting such amount, including any objections to the calculations made by the person who is obligated to pay compensation, provided that the report substantiating the amount of compensation includes such calculation.
(4) The court may set the petitioner an additional term for providing the reasons specified in clause (3) 3) of this section if the petitioner substantiates that the report was not available to the petitioner at the time of submitting the petition for a good reason, and that the petitioner requires the submission of the report during such term from the person obligated to pay compensation.

§ 609. Joint hearing of petitions and appointment of representative to partners and shareholders

(1) After the expiry of the term for payment of compensation provided by law, different petitions for receipt of compensation under the same circumstances are joined and heard in one proceeding.
(2) The court also appoints a common representative or several representatives for the protection of the interests of the partners or shareholders who did not but were entitled to submit a petition for the determination of the amount of compensation, unless the rights of the partners or shareholders clearly are sufficiently protected in another manner.
(3) The court publishes a notice concerning the proceeding and the appointment of a representative for the partners and shareholders in the publication Ametlikud Teadaanded. Such notice is also published in at least one national newspaper if the proceeding concerns a public limited company with more than 100 shareholders.
(4) The representative appointed by the court may continue proceedings even after the withdrawal or renunciation of the petition for initiation of the proceeding. In such case, the partners or shareholders represented by the representative are deemed to be the petitioners.
(5) A partner or shareholder to whom a representative was appointed pursuant to the procedure provided in subsection (2) of this section may participate in the proceeding in person or through a representative appointed thereby instead of the representative appointed by the court.

§ 610. Preparation for adjudication of petition for determination of compensation

(1) The court serves a petition for determination of the amount of compensation immediately on the person obligated to pay compensation and to the representatives of the other partners or shareholders.
(2) The court obligates the person obligated to pay compensation to give a written response to the petition. The response shall, among other, set out the person's position on the amount of the compensation to be paid and the size of possible additional payments.
(3) The person obligated to pay compensation shall annex the report which constituted the basis for the calculation and, if possible, an auditor's report to the response. Based on a request of the petitioner or another partner or shareholder or a representative thereof, the court requires that the person obligated to pay compensation forward transcripts of such documents to them free of charge.
(4) The court forwards the response of the person obligated to pay compensation to the petitioner and other partners and shareholders or representatives thereof and sets a term for submission of a written position concerning the response.
(5) When preparing the adjudication of the matter, the court may order an expert assessment, or require that the person obligated to pay compensation submit the documents constituting the basis for the calculation of the compensation or other documents relevant to the adjudication of
the matter to the court or the expert, and require that the person obligated to pay compensation or the petitioner make an advance payment of an amount sufficient to cover the procedural
expenses. At the request of the person obligated to pay compensation, the court may, after weighing the interests of both parties, prohibit the petitioner from examining the documents which constitute the basis for determining the compensation if a good reason exists to do so including, above all, a need to protect a business secret.

§ 611. Adjudication of matter in court session

(1) The court adjudicates a matter in a court session. With good reason, the court may adjudicate a matter without holding a session.
(2) Regardless of whether or not an expert has earlier provided a written opinion on a matter, the court may summon the expert to a session at the initiative of the court, and hear his or her opinion.

§ 612. Entry into force of ruling on amount of compensation and appeal against ruling

(1) A ruling on a petition for determination of the amount of compensation enters into force and is subject to enforcement after the ruling is no longer subject to appeal pursuant to law, or after the entry into force of a court decision on refusal to satisfy or hear an appeal against the ruling. Based on a ruling on the amount of compensation payable, the partners and shareholders have the right to file claims for payment of compensation.
(2) The ruling specified in subsection (1) of this section applies to all partners and shareholders. (3) The court also publishes the conclusion of the ruling in the publication Ametlikud

Teadaanded. If the proceeding concerns a public limited company with more than 100

shareholders, the conclusion of the ruling is also published in at least one national newspaper.
(4) The ruling specified in subsection (1) of this section is subject to appeal by the petitioner, the person obligated to pay or receive compensation or the representative appointed by the court for the partners or shareholders.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Chapter 61 MATTERS OF APARTMENT OWNERSHIP AND COMMON OWNERSHIP

§ 613. Proceeding on petition in matters of apartment ownership and common ownership

(1) The court adjudicates the following on petition:
1) on the basis of a petition by an apartment owner, matters which arise from the community of the apartment owners or administration of the object of common ownership and concern the mutual rights and obligations of the apartment owners, except for claims arising according to § 9 of the Apartment Ownership Act from specifications concerning termination of a community and claims filed pursuant to § 14 of the Apartment Ownership Act requiring transfer of apartment ownership;
2) on the basis of a petition by an apartment owner or administrator, matters which arise from regulation of administration of the object of common ownership and concern the rights or obligations of the administrator;
3) on the basis of a petition by an apartment owner or third person, matters concerning appointment of an administrator according to subsection 20 (3) of the Apartment Ownership Act;
4) on the basis of a petition by an apartment owner or administrator, matters concerning validity of a decision of apartment owners.
(2) The court also adjudicates, by way of a proceeding on petition, the disputes between co- owners of an immovable, an essential part of which is a residential building, in the issues specified in subsection (1) of this section concerning the use or administration of the dwellings which are the object of common ownership, or the premises or land in joint use, or the decisions of the co-owners.
(3) In issues not regulated by law or an agreement or decision of apartment owners, the court exercises its discretionary powers.
(4) A matter specified in subsection (1) of this section may be heard in actions if it is filed as a counterclaim or together with a claim subject to adjudication by way of actions.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) A claim for payment arising from a matter specified in subsection (1) of this section may be filed by way of expedited procedure in matters of payment order.

§ 614. Participants in proceeding

The participants in the proceeding include the apartment owners or co-owners, and in the case specified in clauses 613 (1) 2) and 4) of this Code, also the administrator, and in the case specified in clause 613 (1) 3) of this Code, also a third party.

§ 615. Hearing of matter

(1) As a general rule, the court discusses the matter with the participants in the proceeding orally and endeavours to direct them towards reaching an agreement.
(2) An agreement reached is formalised in writing or minutes are prepared thereof, after which such agreement is deemed to be a judicial compromise, and the court approves it by a ruling.
(3) The court shall set out in the ruling the measures necessary for compliance with the ruling.

§ 616. Provisional legal protection

Upon hearing a matter in a proceeding on petition, the court may apply provisional legal protection necessary for securing the petition based on a petition or at the initiative of the court. [RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 617. Filing of appeal against ruling

(1) A court ruling on satisfying or refusal to satisfy a petition enters into force and is subject to enforcement after the ruling is no longer subject to appeal pursuant to law or after the entry into force of a court decision on refusal to satisfy or hear or accept an appeal against the ruling.
(2) A court ruling on satisfying or refusal to satisfy a petition is subject to appeal. [RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 618. Amendment of ruling

Upon a material change in the circumstances, the court may amend a ruling or compromise based on a petition of an involved party in order to prevent serious consequences.

Chapter 611 MATTERS OF ACCESS TO PUBLIC ROAD AND TOLERATING UTILITY WORKS

[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 6181. Proceedings in matters of access to public road and tolerating utility works

(1) Petitions for access to a public road (subsection 156 (1) of the Law of Property Act) and concerning the toleration of utility works (subsection 158 (1) of the Law of Property Act and §
152 of the Law of Property Act Implementation Act) are adjudicated pursuant to the procedure provided in this Chapter.
(2) A petition specified in subsection (1) of this section may be heard in actions if it is filed as a counterclaim or together with a claim subject to adjudication by way of actions.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 6182. Participants in proceeding

(1) The participants in the proceeding are the petitioner and the owners of immovables whom the adjudication of the matter concerns as well as the rural municipality or city government of
the location of the immovables concerned. The court need not involve a rural municipality or city government in the proceeding if it does not concern the interests thereof or it does not contribute to the adjudication of the matter.
(2) At the request of the court, a rural municipality or city government collects and presents data necessary to the court for adjudication of the matter regardless of whether it is involved in the adjudication of the matter as a participant in the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 6183. Provisional legal protection

Upon hearing a matter, the court may apply provisional legal protection based on a petition or at the initiative of the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 6184. Hearing of matter

(1) As a general rule, the court discusses the matter with the participants in the proceeding orally and endeavours to direct them towards reaching an agreement.
(2) An agreement reached is formalised in writing or minutes are prepared thereof, after which such agreement is deemed to be a judicial compromise, and the court approves it by a ruling. [RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 6185. Amendment of ruling

Upon a material change in the circumstances, the court may amend a ruling or compromise based on a petition of an involved party in order to prevent serious consequences.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 6186. Entry into force of and filing of appeal against ruling

(1) A court ruling on satisfying or refusal to satisfy a petition enters into force and is subject to enforcement after the ruling is no longer subject to appeal pursuant to law or after the entry into force of a court decision on refusal to satisfy or hear or accept an appeal against the ruling.
(2) A court ruling on satisfying or refusal to satisfy a petition is subject to appeal. [RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 62 RECOGNITION AND ENFORCEMENT OF COURT DECISIONS IN CIVIL MATTERS AND OTHER ENFORCEMENT INSTRUMENTS OF FOREIGN STATES

§ 619. Recognition of court decisions and other enforcement instruments of Member States of European Union

(1) The provisions of this Code apply to the recognition and enforcement in Estonia of court decisions and other enforcement instruments of Member States of the European Union to the extent not otherwise provided by Council Regulation 44/2001/EC on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, Council Regulation
2201/2003/EC concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation
1347/2000/EC, Regulation (EC) No 805/2004 of the European Parliament and of the Council, creating a European Enforcement Order for uncontested claims (OJ L 143, 30.04.2004, pp. 15–
39), Regulation (EC) No 896/2006, Regulation (EC) No 861/2007, Council Regulation (EC) No
4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations and other regulations of the European Parliament and of the Council.
[RT I, 14.03.2011, 2 - entry into force 18.06.2011]
(2) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009] (3) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 6191. Implementation of Regulation (EC) No 805/2004 of the European Parliament and of the Council

(1) Certificates under Articles 6(2), 6(3), 9(1) and 24(1) of Regulation (EC) No 805/2004 of the European Parliament and of the Council are issued by the county courts having made the court decision. According to Article 25(1) of the regulation, certification of a public document prepared concerning a claim as a European Enforcement Order is issued by Harju County Court.
(2) The issue of a certificate specified in subsection (1) of this section is adjudicated by the court in written proceedings. The certificate is served on the defendant or debtor and sent to the person having requested the certificate. A ruling on refusal to issue a certificate is served on the petitioner and the petitioner may file an appeal against the ruling.
(3) In the case specified in Article 10(1)(a) of the regulation specified in subsection (1) of this section, the court having made the decision may rectify the ruling on certification of the decision as a European Enforcement Order on the same grounds and pursuant to the same procedure as Estonian court decisions.
(4) In the case specified in Article 10(1)(b) of the regulation specified in subsection (1) of this section, the court having issued a certificate may withdraw the certificate by a ruling on the basis of a petition by the defendant or debtor if the certificate was issued incorrectly. The defendant or debtor may file a petition for withdrawal of the certificate within 30 days after the service of the court decision or another enforcement order and certificate, in the case of service abroad within two months after the service of the court decision or another enforcement order and certificate. An appeal may be filed against a ruling on withdrawal of the certificate or refusal to do so.
(5) In conformity with Article 20(2)(c) of the regulation specified in subsection (1) of this section, a European Enforcement Order is accepted for enforcement in Estonia only if it is prepared in Estonian or English or if Estonian or English translation is annexed to the certificate.
(6) The provisions concerning enforcement proceedings in Estonia apply to the enforcement of a European Enforcement Order in the enforcement proceeding in Estonia and the debtor's legal remedies in so far as not prescribed otherwise by the regulation specified in subsection (1) of this section.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 620. Recognition of court decisions of other foreign states in civil matters

(1) A court decision in a civil matter made by a foreign state is subject to recognition in the
Republic of Estonia, except in the case where:
[RT I 2008, 59, 330 - entry into force 01.01.2009]
1) recognition of the decision would be clearly contrary to the essential principles of Estonian law (public order) and, above all, the fundamental rights and freedoms of persons;
2) the defendant or other debtor was unable to reasonably defend the rights thereof and, above all, if the summons or other document initiating the proceeding was not served on time and in the requisite manner, unless such person had a reasonable opportunity to contest the decision and the person failed to do so within the prescribed term;
3) the decision is in conflict with an earlier decision made in Estonia in the same matter between the same parties or if an action between the same parties has been filed with an Estonian court;
4) the decision is in conflict with a decision of a foreign court in the same matter between the same parties which has been earlier recognised or enforced in Estonia;
5) the decision is in conflict with a decision made in a foreign state in the same matter between the same parties which has not been recognised in Estonia, provided that the earlier court decision of the foreign state is subject to recognition or enforcement in Estonia;
6) the court which made the decision could not make the decision in compliance with the provisions of Estonian law regulating international jurisdiction.
(2) A court decision of a foreign state is recognised in Estonia only if the decision has entered into force pursuant to the law of the state which made the decision unless, pursuant to law or an international agreement, such decision is subject to recognition and enforcement as of the time such decision can be enforced in the state of the location of the court which made the decision.
(3) A court decision of a foreign state is recognised in Estonia without a need to conduct separate court proceedings. However, adjudication of its recognition may be requested pursuant to the procedure prescribed in this Chapter for declaring a decision enforceable if there is a dispute on recognition or if it is necessary to a person due to another reason for the purpose of exercising his or her rights.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) If adjudication of another court matter depends on the recognition of a court decision of a foreign state, the recognition may be decided by the court adjudicating such court matter.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 621. Procedure for enforcement of court decision of foreign state

Unless otherwise provided by law or an international agreement, a court decision of a foreign state is subject to enforcement in Estonia only after the decision has been declared to be subject to enforcement by the Estonian court.

§ 622. Petition for declaring court decision of foreign state enforceable

(1) A petition for declaring a court decision of a foreign state enforceable is submitted in writing, and the following is annexed thereto:
1) a transcript of the court decision authenticated pursuant to the requirements of the law of the state of the location of the court which made the decision;
2) a document which confirms that an action, summons or other document initiating the proceeding has been served in time on at least one occasion pursuant to the law of such state on the defendant or based on the decision, on another debtor who did not participate in the proceeding;
3) a document which certifies that the decision has entered into force pursuant to the law of the state where the decision was made and has been communicated to the defendant or based on the decision, another debtor;
4) documents concerning the enforcement of the decision if enforcement has already been attempted;
5) documents concerning the enforcement of the decision if the decision has already been enforced;
6) translations into Estonian of the documents specified in clauses 1)–5) of this subsection made by a sworn translator or authenticated by a notary.
[RT I, 23.12.2013, 1 - entry into force 01.01.2014]
(2) A court may set the petitioner a term for submission of the documents specified in subsection (1) of this section. If the circumstances allow, the court may adjudicate a matter without requiring such documents.
(3) In order to secure a petition, the court may apply the measures for securing an action by way of provisional legal protection.

§ 623. Ruling on declaring court decision of foreign state enforceable

(1) Upon adjudication of a petition for declaring a court decision of a foreign state enforceable, the court examines the prerequisites for recognition of the court decision. The court does not verify the correctness of the court decision in the part of the merits of the matter.
(2) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) If necessary, the court may hear the debtor and the claimant, and obtain an explanation from the court whose decision is to be recognised or enforced.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) If enforcement of a decision depends on the provision of a security by the person who, based on the decision, is the claimant, or on other circumstances, or if declaration of enforceability of a decision is requested by a person other than the person specified in the decision as the claimant, or if enforcement of a decision is requested in respect of a person other than the person specified in the decision as the debtor, the court evaluates the existence of the prerequisites for
enforcement of the decision based on the law of the state of the location of the court which made the decision and based on the evidence provided by the participants in the proceeding.
(5) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]
(6) In a ruling, the court makes a reference to the right of the claimant to submit the court decision declared to be subject to enforcement to an Estonian bailiff for enforcement.
(7) A ruling on refusing to satisfy a petition is served on the claimant. A ruling on satisfying a petition is served on the claimant and debtor.

§ 624. Amendment or annulment of court decision declared to be subject to enforcement

(1) If a court decision declared to be subject to enforcement is annulled or amended in the state of the location of the court which made the decision, and the debtor can no longer rely on such fact in the proceeding for declaring the decision enforceable, the debtor may file a petition for annulment or amendment of the declaration of enforceability of the decision with the court which declared the decision to be subject to enforcement.
(2) The court adjudicates the petition specified in subsection (1) of this section pursuant to the procedure for adjudicating a petition for declaration of a court decision enforceable.
(3) Among other, the court may, in order to secure a petition by way of provisional legal protection, suspend the enforcement proceeding arising from the decision declared to be subject to enforcement, permit the continuation of the enforcement proceeding only against a security or revoke the enforcement action.
(4) If a petition is satisfied, the court annuls or amends the declaration of a court decision to be subject to enforcement.

§ 625. Filing of appeal against ruling

(1) The claimant may file an appeal against a ruling on refusal to declare a court decision of a foreign state to be subject to enforcement or a ruling on annulment of declaring such decision enforceable.
(2) The claimant and the debtor may file an appeal against a ruling on declaring a court decision of a foreign to be subject to enforcement or a ruling on amendment of declaring such decision enforceable. The term for filing an appeal against a ruling is one month after the date of service of the ruling or, in the case of service of the ruling in a foreign state, two months after the date of service thereof.
(3) Until the end of the term for filing appeals against a ruling on declaring a decision of a foreign state to be subject to enforcement or the entry into force of a decision made concerning an appeal against the ruling, only the measures prescribed for securing an action may be applied for the compulsory enforcement of a court decision of a foreign state. The debtor has the right to prevent compulsory enforcement by providing a security in the amount in which the petitioner is entitled to request compulsory enforcement of the judgment. However, seized movables may be sold in the course of an enforcement proceeding and the money received from the sale may be deposited with the permission of the court if the seized property could otherwise be destroyed or its value could significantly decrease or if deposition of the property is unreasonably expensive.

§ 626. Compensation for damage caused to debtor

If a ruling on declaring a court decision of a foreign state to be subject to enforcement or a declaration of such court decision to be subject to enforcement is annulled or amended, the claimant shall compensate the debtor for the costs incurred by the debtor as a result of the enforcement proceeding or the costs incurred thereby in order to prevent compulsory enforcement.

§ 627. Recognition of other enforcement instruments of foreign states

(1) The provisions of this Chapter correspondingly apply to the recognition and enforcement of enforcement instruments notarised in a foreign state or other public enforcement orders, unless otherwise provided by this section.
(2) A public document prepared in a foreign state is recognised in Estonia as an enforcement instrument if:
1) its format complies with the requirements set for enforcement instruments subject to immediate enforcement prepared in Estonia, and
2) it is subject to immediate enforcement is the state of its preparation, and
3) it is not contrary to Estonian public order.

Chapter 621 DECLARATION OF AGREEMENT REACHED THROUGH CONCILIATOR TO BE SUBJECT TO ENFORCEMENT

[RT I 2009, 59, 385 - entry into force 01.01.2010]

§ 6271. Filing of petition for declaring agreement reached through conciliator specified in clauses 2 2) and 3) of Conciliation Act to be subject to enforcement

(1) A petition for declaring an agreement reached as a result of conciliation proceedings specified in subsection 14 (1) of the Conciliation Act is filed either by all parties to the agreement or by one party to the agreement, annexing to the petition the written consents of other parties to the agreement.
(2) The court declares the agreement to be subject to enforcement, making a corresponding ruling thereon.
(3) The court refuses to declare an agreement to be subject to enforcement if:
1) the agreement goes beyond the limits established in subsection 14 (1) of the Conciliation Act;
2) the agreement is contrary to good morals or the law or if this violates a significant public interest;
3) the agreement cannot be complied with.
(4) A party to an agreement may file an appeal against the ruling whereby the court refused to declare the agreement reached as a result of conciliation proceedings to be fully or partially subject to enforcement. The term for filing of an appeal against the ruling is 30 days after the date of service of the ruling.
[RT I 2009, 59, 385 - entry into force 01.01.2010]

§ 6272. Filing of petition for declaring agreement reached through another person to be subject to enforcement

(1) The court may declare a written agreement reached through a natural person of active legal capacity specified in clause 2 1) of the Conciliation Act whose personal characteristics and character features ensure his or her impartiality and independence to be subject to enforcement on the preconditions and pursuant to the procedure provided in § 6271 of this Act.
(2) The court organises a court session in order to adjudicate the matter and hears the parties to the conciliation proceeding and the conciliator.
(3) The court verifies whether the conciliation proceeding was conducted impartially and fairly proceeding from the principles provided in the Conciliation Act.
(4) A party to an agreement may file an appeal against the ruling whereby the court refused to declare the agreement reached as a result of conciliation proceedings to be fully or partially subject to enforcement. The term for filing of an appeal against the ruling is 30 days after the date of service of the ruling.
[RT I 2009, 59, 385 - entry into force 01.01.2010]

Chapter 63 OTHER MATTERS ON PETITION

§ 628. Rulings on compulsory administration

(1) The court adjudicates appointment of a compulsory administrator to property, determination of compensation payable to such administrator and other issues related to compulsory administration only based on a petition of an entitled person.
(2) If possible, the court shall hear the involved persons before appointment of a compulsory administrator and determination of compensation payable to such administrator.

§ 629. Compulsory dissolution of legal person

(1) The court initiates compulsory dissolution of a legal person based on a petition of an entitled person or agency, or at the initiative of the court.
(2) If possible, the court hears the members of the managing bodies of the legal person before the compulsory dissolution.
(3) Taking account of the provisions of § 602. – § 606. of this Code, the court also appoint liquidators for the legal person in a ruling on compulsory dissolution.
(4) A ruling on compulsory dissolution is valid and subject to enforcement as of entry into force thereof.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) A ruling on compulsory dissolution is subject to appeal by the petitioner and the legal person.

Part 12 PROCEEDINGS IN CIRCUIT COURT Chapter 64 APPEAL PROCEEDINGS

Division 1 Appeal to Circuit Court

§ 630. Right of appeal

(1) A judgment of a court of first instance is subject to appeal by the parties, and by third parties with independent claims. A third party without an independent claim may file an appeal on the conditions provided in subsection 214 (2) of this Code. The person who files an appeal is an
appellant.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) An appeal cannot be filed if both parties have waived, by a petition submitted to the court, their right to file appeals.
(3) Appeals against default judgments shall be filed pursuant to the procedure provided for in §
420 of this Code.

§ 631. Grounds for appeal

(1) An appeal can only rely on the allegation that the judgment of the court of first instance is based on a violation of a legal provision or that, pursuant to the circumstances and evidence which must be taken into consideration in appeal procedure (§ 652 of this Code), a judgment different from the judgment made by the court of first instance should be made by way of appeal proceedings.
(2) A legal provision has been violated if a provision of substantive law or procedural law has been incorrectly applied or if a legal provision has not been applied in part or in whole although under the circumstances, such provision should have been applied.
(3) An appeal cannot rely on the allegation that such matter should have been adjudicated by an administrative court or that the court of first instance which made the judgement did not have jurisdiction in the matter or that the matter should have been adjudicated in another courthouse. An appeal may rely on the allegation that the Estonian court was not competent to adjudicate the matter internationally or that the matter should have been adjudicated by an arbitral tribunal if such circumstance was also relied on in the county court in a timely manner.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) An appeal cannot rely on the circumstance that a matter which should have been adjudicated on petition was adjudicated in actions, except if such circumstance was also relied on in the county court in a timely manner and the adjudication of the matter could depend on it to a significant extent.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 632. Term for appeal

(1) An appeal may be filed within 30 days after the service of the judgment on the appellant but not later than within five months as of the date the judgment of the court of first instance was made public.
(2) If, upon adjudication of a matter, a county court declares in the conclusion of a court judgment the legislation of general application subject to application to be in conflict with the Constitution and refuses to apply the legislation of general application, the term for appeal does not begin to run before the pronunciation of the judgment made by way of constitutional review of the Supreme Court concerning the legislation of general application which was not applied.
(3) If, during the term for appeal, a supplemental judgment is made in a matter, the term for appeal begins to run as of the date of service of the supplemental judgment also with regard to the initial judgment. In the case a judgment made without the descriptive part or statement of reasons is supplemented with the omitted part in accordance with subsection 448 (41) of this Code, the term for appeal begins to run again as of the service of the full judgement.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) The term for appeal may be reduced, or increased for up to five months as of the making public of the judgment if the parties reach a corresponding agreement and inform the court thereof.
(5) With good reason, a circuit court may, based on the request of the appellant, grant an additional term for substantiating an appeal. An additional term for substantiating an appeal is granted in the case provided in subsection 187 (6) of this Code.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 633. Form and content of appeal

(1) An appeal is filed with the circuit court of the correct jurisdiction. (2) Among other, an appeal sets out the following:
1) the name of the court which made the appealed judgment, the date of the judgment and the
number of the civil matter;
2) the clearly expressed request by the appellant which specifies the extent to which the appellant contests the judgment of the court of first instance and sets out the decision of the circuit court which the appellant requests;
3) the reasoning of the appeal;
4) the time of service of the appealed judgment.
(3) The reasoning of an appeal shall specify:
1) the legal provision which the court of first instance has violated in the judgment or upon making the judgment, or the fact which the court of first instance has established incorrectly or insufficiently;
2) the reason for the violation of the legal provision or the incorrect or insufficient establishment of the fact;
3) a reference to the evidence which the appellant wishes to submit in proof of each factual allegation.
(4) Documentary evidence which was not submitted to the court of first instance and which acceptance the appellant requests from the court is annexed to the appeal.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) If new facts and evidence are specified as the reason for filing an appeal, the appeal shall set out the reason for not submitting such facts and evidence to the court of first instance.
(6) If the appellant wants the court to hear a witness or obtain the statement of a party in the proceeding under oath, or to conduct an expert assessment or inspection, this shall be indicated in the appeal together with the reason therefor. In such case, the names and addresses of the witnesses or experts, and their telecommunications numbers, if the numbers are known, shall be indicated in the appeal.
(7) If the appellant wants a matter to be heard in a court session, the appellant shall so indicate
in the appeal. Otherwise the appellant is deemed to agree to adjudication of the matter by way of written proceedings.
(8) In the case specified in subsection 448 (41) of this Code, the county court is notified at first of the wish to file an appeal.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 634. Amendment of appeal

(1) The appellant may amend and supplement an appeal until the end of the term for appeal and, among other, extend the appeal to parts of the court judgment which were not initially appealed. The provisions concerning appeals apply to amendment of appeals.
(2) The provisions of subsection (1) of this section do not preclude or restrict the appellant's right to submit allegations concerning the interpretation of law, objections against the submissions of the respondent in the appeal proceeding, or new facts or circumstances which arose or became known to the appellant after the expiry of the term for appeal.

§ 635. Filing of counter-appeal

(1) A counter-appeal is an appeal which is filed by a party in response to the appeal of the opposing party and it is heard together with the appeal.
(2) The provisions for appeals apply to counter-appeals unless the provisions of this section provide otherwise. The parts of a court judgment which are not appealed may also be contested in a counter-appeal.
(3) The respondent may file a counter-appeal within 14 days after service of the appeal on the respondent or, if the remaining term for appeal exceeds 14 days, during such term.
(4) A counter-appeal filed after the expiry of the term for appeal, but within the term provided in subsection (3) of this section, is not heard if the appellant discontinues the appeal, the appeal is not accepted or heard, or the proceedings in the matter are terminated.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 636. Request for delivery of file

(1) Immediately after the circuit court receives an appeal, the court requests the file of the matter from the court of first instance which conducted proceedings in the matter. The office of the
court of first instance sends the requested file to the circuit court immediately after receiving a request for delivery of the file. The court of first instance also sends immediately a court decision electronically to the circuit court, unless it is available through the information system of the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) After termination of the appeal proceeding, the file is returned to the court of first instance unless the file must be forwarded to the Supreme Court.

§ 637. Grounds for refusal to accept appeal

(1) The court refuses to accept an appeal if:
1) the appeal does not fall within the jurisdiction of that circuit court;
2) the appeal is filed after the expiry of the term for appeal;
3) the state fee on the appeal has not been paid;
4) the person who filed the appeal on behalf of the appellant has not provided proof that the person has the right to represent the appellant;
5) both parties have waived the right to file appeals;
6) presuming that the allegations presented in the appeal are right, the appeal clearly cannot be satisfied.
(2) The court also refuses to accept an appeal if hearing of the appeal is prevented by a violation of the formal and substantive requirements provided for appeals by law and, among other, upon absence from the appeal of the signature of a competent person.
(21) An appeal filed in the matter specified in subsection 405 (1) of this Code is accepted only if a permission to file an appeal is granted in the judgment of the county court or if, upon the making of the judgment of the county court, a provision of substantive law was clearly applied incorrectly or a provision of procedural law was clearly violated or evidence was clearly evaluated incorrectly and this could materially affect the decision.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) If an appeal is accepted, acceptance of the counter-appeal may be refused only in the cases specified in clauses (1) 2)–4) and subsection (2) of this section.

§ 638. Deciding on acceptance of appeal

(1) The circuit court decides, by a ruling, on acceptance of an appeal or refusal to accept an appeal immediately after receipt of the appeal.
(2) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) Prior to refusal to accept an appeal, the court may obtain the opinion of the opposing party concerning the appeal and hear the participants in the proceeding.
(4) A ruling on refusal to accept an appeal shall set out the reason for refusal to accept the appeal. If the court refuses to accept an appeal, the court does not serve the appeal on the respondent but returns it to the appellant by serving it together with any appendixes thereto and the ruling on refusal to accept the appeal on the appellant.
(5) If acceptance of an appeal is refused due to the reason that the matter does not fall within in the jurisdiction of that circuit court, the court forwards the appeal to the circuit court competent
to hear the matter. An appeal is deemed to have been filed as of the time of its receipt by the first circuit court. The above also applies in the case an appeal is filed with the court of first instance which made the judgment.
(6) A ruling on refusal to accept an appeal shall be made unanimously by the court panel adjudicating the matter.
(7) A ruling on acceptance of an appeal shall set out, among other, the time of receipt of the appeal by the court.
(8) The court serves a ruling on refusal to accept an appeal on the appellant and forwards it to other participants in the proceeding. The court forwards a ruling on acceptance of an appeal to the participants in the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(9) The appellant has the right to file an appeal with the Supreme Court against a ruling whereby the court refuses to accept the appeal.
(10) If the court refuses to accept an appeal and returns it by a ruling, the appeal is deemed to have not been filed.

Division 2 Proceedings in Circuit Court

§ 639. Application of procedural provisions and participants in proceeding

(1) The provisions regulating a proceeding in a court of first instance also apply to an appeal proceeding, unless other provisions regulate the appeal proceeding or the provisions regulating the proceedings in a court of first instance are in conflict with the nature of the appeal proceeding.
(2) The participants in a proceeding in the circuit court are the parties of an appeal proceeding and third parties. The parties of an appeal proceeding are the appellant and the respondent. In the event a contested legal relationship can only be established jointly with regard to all co-plaintiffs or co-defendants, the co-plaintiffs or co-defendants are deemed to be co-appellants or co- respondents regardless of whether they are filing the appeal or the appeal is filed against them.

§ 640. Preparation of matter

(1) After acceptance of an appeal, a circuit court:
1) serves a transcript of the appeal with any annexes thereto to the other participants in the proceeding;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
2) adjudicates the requests of the parties to secure an action or to cancel the securing of an action;
3) adjudicates the requests of the parties to enforce the court judgment immediately or to suspend the enforcement;
4) clarifies whether it is possible to adjudicate the matter by a settlement or in some other manner during the pre-trial proceeding;
5) orders an expert assessment, demands documents and organises an inspection based on a reasoned request of a participant in the proceeding;
6) schedules a court session for hearing the matter unless the matter can be adjudicated without holding a court session;
7) where necessary, sets a participant in the proceeding a term for giving a response to a question which the circuit court deems necessary or demands amendment of the response within the term specified by the court.
(2) After acceptance of an appeal, a member of a court panel of the circuit court given such task prepares the hearing of the matter thoroughly so that when a session is organised, the matter can be adjudicated in one court session.
(3) Upon preparing a matter, a member of the court panel alone adjudicates the requests of the participants in the proceeding and makes the rulings necessary for the preparation of the adjudication of the matter or other rulings of organisational nature and, where necessary, also determines the value of the appeal. Refusal to accept evidence is decided by the court panel.
(4) A member of a court panel has the right, in order to prepare the matter, to take and investigate evidence if this is necessary for facilitating the hearing of the matter in the court session and it may be presumed that the rest of the court panel will be able to evaluate the result of the taking and investigation of the evidence even without directly participating in the taking and investigation of the evidence.
(5) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 641. Notification of participants in proceeding of appeal

(1) After the court has accepted an appeal, the court serves the appeal on the respondent and obligates the respondent to give a written response to the appeal within the term set by the court and specifies the required content of the response. The court also notifies the respondent of the right to file a counter-appeal.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) The court explains to the other participants in the appeal proceeding that they have the right to submit their position concerning the appeal within the term set by the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) If the court schedules a court session for hearing a matter, the court serves the summons on the participants in the proceeding.
(4) The court may permit the respondent and other participants in the proceeding to respond to an appeal orally in a court session if the court finds that a written response is not necessary.
(5) The circuit court may also request the position of the state or local government agencies specified in subsection 393 (3) and (4) of this Code on adjudication of the matter.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 642. Response to appeal

(1) The respondent shall set out, among other, the following in the response to an appeal:
1) whether or not acceptance of the appeal by the circuit court is correct in the opinion of the respondent, unless the respondent had already provided an opinion concerning such matter;
2) whether the respondent considers the appeal to be justified or intends to contest the appeal;
3) defences to the claims and grounds of the appeal, and the facts upon which the respondent relies.
(2) If the respondent sets forth new facts and evidence in order to substantiate the positions thereof, the response shall set out the reason for not submitting such facts and evidence to the court of first instance.
(3) If the respondent requests the hearing of a witness, expert or the statement of a party under oath or the conduct of an inspection from the court, the respondent shall so indicate in the response and provide the reason for such request. In such case, the name, address and telecommunications numbers of the expert or witness shall be indicated in the response.
(4) If the respondent wants a matter to be heard in a court session, the respondent shall so indicate in the response. Otherwise the respondent is deemed to agree to adjudication of the matter by way of written proceedings.
(5) The term for submitting a response to an appeal shall be at least 14 days after the date of service of the appeal.
(6) The court forwards the response to an appeal and the positions of other participants in the proceeding concerning the appeal together with transcripts of documents annexed to the response to an appeal and the positions of other participants in the proceeding concerning the appeal to the other participants in the proceeding.

§ 643. Refusal to hear appeal

(1) The court refuses, by a ruling, to hear an appeal if it becomes evident that the appeal was accepted incorrectly by the circuit court or in other cases provided by law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) If an omission hindering the hearing of an appeal can obviously be corrected, the court sets the appellant a reasonable term for correcting the omission by a ruling. If the appellant fails to comply with the order of the court by the due date, the court refuses to hear the appeal.
(3) Before making such ruling, the court informs the participants in the proceeding of the intended refusal to hear the appeal and the reasons therefor, and grants the appellant an opportunity to submit an opinion concerning such fact by a due date set by the court. If necessary, the court holds a court session to adjudicate on the refusal to hear a petition.
(4) A ruling on refusal to hear an appeal is subject to appeal to the Supreme Court.

§ 644. Discontinuance of appeal

(1) The appellant may discontinue an appeal until the end of the hearing of the matter or, in the case of written proceedings, until the expiry of the term for submitting petitions.
(2) A petition for discontinuance of an appeal is filed with the circuit court. A petition for discontinuance shall be made in writing unless such petition is made orally in a court session.
(3) In the case an appeal is discontinued, the appellant is deemed not to have performed any procedural acts at the appeal level of court. If the appellant discontinues an appeal, the appellant cannot file a new appeal concerning the same object of appeal and the appellant is required to cover the procedural expenses related to the appeal.
(4) A circuit court makes a ruling on discontinuance of an appeal whereby the appeal proceeding is terminated if the opposing party has not filed an appeal against the judgment of the court of
first instance or if the counter-appeal was filed after the expiry of the term for appeal.
(5) If, in the case of discontinuance of an appeal, the court is unable to terminate the proceeding due to an appeal by the opposing party, the court makes a ruling to terminate the proceeding in the part of the appeal which was discontinued. In such case, the proceeding is continued in the part of the other appeal.
(6) The court specifies the legal consequences of discontinuing the appeal in the ruling on discontinuance of the appeal.
(7) A ruling on termination of proceedings in the matter of an appeal or a ruling by a circuit court on refusal to accept the discontinuance of an appeal is subject to appeal to the Supreme Court.

§ 645. Discontinuance of action and compromise

(1) Upon accepting the discontinuance of an action or the approval of a compromise in appeal proceedings, the circuit court annuls, by a ruling, the judgment of the court of first instance and terminates the proceeding. If the court does not accept the discontinuance of an action or does not approve a compromise, the court hears the matter in appeal proceedings.
(2) A ruling on termination of proceedings or a ruling by a circuit court on refusal to accept the discontinuance of an action or to approve a compromise is subject to appeal to the Supreme Court.

§ 646. Adjudication of matter solely on basis of appeal

The court may adjudicate a matter solely on the basis of an appeal if the court finds that a provision of procedural law has been violated in the hearing of the matter in the court of first instance which clearly results in the annulment of the judgment in appeal proceedings
(subsection 656 (1)). In such case, the judgment is annulled and the matter is referred to the court of first instance for a new hearing.

§ 647. Adjudication of matter by written proceedings

(1) If neither the appellant nor the respondent demand the hearing of a matter in a court session, the court may examine and adjudicate the matter without hearing the appeal in a court session. In such case the court sets, as soon as possible, a term during which the participants in the proceeding may submit their petitions and positions to the court and the time for making public
of the judgment, and notifies the participants in the proceeding thereof.
(2) If, in a written proceeding, the court finds that a matter should be adjudicated in a court session, the court orders a court session.

§ 648. Hearing of matter in session of circuit court

(1) In a circuit court session, the judge who prepared the matter presents a report on the matter, in which he or she reports on the judgment of the court of first instance and contents of the appeal and the response to the extent necessary.
(2) After such presentation, the appellant speaks, followed by third persons on the side of the appellant, the respondent and all the other participants in the proceeding, unless the court orders otherwise. The court may limit the duration of closing arguments and ensures that all participants in the proceeding have equal time to speak. The time granted to a participant in a proceeding for closing arguments shall not be less than ten minutes.
(3) The court may question the participants in the proceeding.
(4) If the court hears a matter without the presence of the appellant or the respondent, the court presents, to the extent necessary, the position of the absent party based on the information in the file.
(5) The court may permit the participants in the proceeding to give closing remarks.

§ 649. Consequences of absence of participants in proceeding from session

(1) If the appellant or respondent does not appear in a court session, a circuit court adjudicates the appeal without the participation thereof or postpones the hearing of the matter. If another participant in the proceeding fails to appear in a court session, a circuit court postpones the session only if both parties submit a joint request to such effect.
(2) If the appellant fails to appear in a court session without giving the court a good reason for failure to appear (§ 422 of this Code) or has not substantiated it, the court may refuse to hear the appeal if the respondent so requests. The court does not refuse to hear an appeal if the appellant has not requested the hearing of the matter in a court session or has asked the court to adjudicate the appeal in the absence of the appellant.

§ 650. Resumption of appeal proceedings

(1) If a circuit court refuses to hear an appeal due to the failure of the appellant and the representative of the appellant to appear in the court session and the failure to notify of a good reason therefor (§ 422 of this Code), the court resumes the proceeding on the basis of a petition
of the appellant if there was a good reason for their absence and the court could not be notified of the impediment in time. The appellant shall substantiate the existence of a good reason and the impossibility of notification thereof.
(2) The appellant may file a petition for resuming the proceeding with the circuit court within ten days after the date on which the ruling on refusal to hear the appeal was served on the appellant.
(3) If the appellant fails to appear in a session of a circuit court after the proceeding has been resumed, the appellant no longer has the right to request the resumption of the proceeding.
(4) A ruling by which the resumption of a proceeding is refused is subject to appeal to the
Supreme Court.

Division 3 Judgment of Circuit Court

§ 651. Extent of hearing of appeal

(1) In appeal proceedings, a circuit court verifies whether a judgment of a court of first instance is lawful and reasoned only with regard to the parts of the judgment which are appealed.
(2) A party has the right to request the application of a limitation period even if the party did not request the application of such period in the court of first instance.

§ 652. Circumstances and evidence to be considered in appeal proceedings

(1) A circuit court bases the hearing and adjudication of an appeal on:
1) the factual circumstances established by the court of first instance, in so far as no doubt exists concerning the legality or insufficient extent of the procedure used for establishment of such facts, or of the corresponding minutes, and the circuit court does not deem it necessary to re- establish such circumstances;
2) new factual circumstances submitted by the participants in the proceeding in so far as submission thereof is permitted.
(2) A circuit court does not rely on a circumstance or piece of evidence submitted to a court of first instance and legally rejected in a proceeding of the court of first instance.
(3) A circuit court establishes circumstances not established and evaluates evidence not evaluated in a judgment of a court of first instance only if:
1) the circumstance which was relied on or the evidence which was submitted has been disregarded without basis;
2) the circumstance or evidence could not be submitted earlier due to a material violation of a provision of procedural law or for another good reason, including for the reason that the circumstance or evidence was created or became known or available to the party only after adjudication of the matter by the court of first instance.
(4) A party shall provide reasons for and, at the request of the court, substantiate the admissibility of submitting a new circumstance or evidence in the appeal or response. If a party fails to provide reasons for or substantiate the admissibility of submitting a new circumstance or evidence, the court disregards it, except in the case where the evidence is clearly necessary for a more correct adjudication of the matter and the opposing party agrees to the acceptance of the evidence.
(5) A circuit court does not take, investigate or evaluate evidence already taken, investigated or evaluated in the proceeding of a court of first instance, unless a party contests a fact established, based on the evaluation of such evidence, in the judgment of the court of first instance, or contests the procedure for establishment of such fact due to a material violation of procedural provisions, and the circuit court deems the investigation and evaluation of the evidence necessary.
(6) In the appeal instance of court, a party cannot rely on the fact that the court of first instance violated a provision of procedural law, unless the party has filed an objection to it on time in the court of first instance (§ 333 of this Code).
(7) Admittance of a fact presented by a party and admittance of a claim in the proceeding of a court of first instance also remains valid in an appeal proceeding.
(8) A circuit court is not bound by the legal grounds of an appeal.
(9) Before deciding on acceptance of new evidence or relying on new circumstances, a circuit court obtains the position of the opposing party.

§ 653. Re-evaluation of evidence

If a judgment of a court of first instance is contested in an appeal in the part of a circumstance which is based on certain evidence, the circuit court shall set forth, upon amending the court judgment in that part, the reason why the evidence must be re-evaluated.

§ 654. Content of judgment of circuit court

(1) A circuit court adjudicates an appeal against a judgment of a court of first instance by a judgment unless otherwise provided by law. The provisions concerning a judgment of a court of first instance apply to a judgment of a circuit court unless otherwise provided by subsections (2)– (6) of this section.
(2) In addition to the information in the judgement of a court of first instance, a circuit court also specifies the identity of the appellant in the introduction to the judgment of the circuit court.
(21) The conclusion shall set out, among other, that an appeal in cassation may be filed with the Supreme Court only through a sworn advocate unless otherwise provided by law. A circuit court also explains the contents of subsection 187 (6) of this Code in the conclusion.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(22) If a circuit court amends the conclusion of the judgment of the county court, the conclusion of the judgment of the circuit court shall indicate the full wording of the effective conclusion. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) The descriptive part of a judgment of a circuit court sets out the judgment made by the court of first instance and provides a short description of the claims submitted by the parties in appeal proceedings, the factual and legal allegations submitted and evidence provided concerning the claims, and the requests of the parties.
(4) The statement of reasons of a judgment sets out the facts established by the circuit court and the conclusions reached on the basis thereof, the evidence on which the conclusions of the court are based and the Acts which were applied by the circuit court.
(5) The court shall formulate a reasoned opinion on every factual or legal allegation submitted by the parties and among other, provide a short explanation as to why a fact or circumstance is irrelevant to the adjudication of the matter. If a circuit court annuls the judgment of a county court and makes a new judgment, it shall formulate an opinion in its judgment on all the allegations and objections submitted by the parties in the proceeding of the county court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(6) If a circuit court refuses to amend the judgment of a court of first instance and adheres to the reasoning in the judgment of the court of first instance, the circuit court need not substantiate its judgment. In such case the circuit court shall specify that it agrees to the reasoning in the judgment of the court of first instance.

§ 655. Delivery and entry into force of judgment of circuit court

(1) A circuit court serves a judgment on the participants in the proceeding. (2) A judgment of a circuit court enters into force above all, if:
1) an appeal in cassation is not filed against the judgment within the term for cassation;
2) an appeal in cassation is not accepted, heard or satisfied, or the cassation proceeding is terminated.

§ 656. Consequences of violation of provisions of procedural law

(1) Regardless of the reasoning of the appeal and the circumstances set forth therein, a circuit court annuls a judgment of a court of first instance and refers the matter for a new hearing to the court of first instance if, in the court of first instance:
1) the principle of legal hearing or the public nature of the proceeding has been materially violated;
2) the judgment concerns a person who was not summoned to court pursuant to the requirements of law;
3) the matter was adjudicated by an unlawful court panel, including a court panel containing a judge who should have removed himself or herself;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
4) a party was not represented by a person so entitled, and the party had not approved such representation in the proceeding;
5) the judgment is not reasoned to a significant extent pursuant to the requirements of law and the circuit court is unable to correct such omission.
(2) In the event specified in subsection (1) of this section, a circuit court need not refer a matter back for another hearing if the omission can be corrected in appeal proceedings. A circuit court also has the right to annul a judgment of a court of first instance regardless of the reasons set out in an appeal and to refer the matter for a new hearing to the court of first instance due to a material violation of some other provision of procedural law if such violation cannot be corrected in an appeal proceeding.
(3) A circuit court adjudicates on the merits of a matter without referring the matter back to the court of first instance if a provision of procedural law has been materially violated but such violation cannot be corrected in the court of first instance or in the appeal proceeding.
(4) If the violation of a provision of procedural law pertains to the part of a decision which is not appealed, the circuit court decides whether to annul such part of the judgment.

§ 657. Rights of circuit court in adjudication of appeal

(1) Upon adjudication of an appeal, a circuit court has the right to:
1) refuse to satisfy the appeal and refuse to amend the judgment;
2) annul the court judgment in part or in full and make a new judgment in the annulled part without referring the matter back to the court of first instance for a new hearing;
21) amend the reasons of the judgment without amending the conclusion of the judgment; [RT I 2008, 59, 330 - entry into force 01.01.2009]
3) annul the court judgment in part or in full and, if the circuit court cannot adjudicate the matter, refer the matter back for a new hearing to the court of first instance in such part;
4) annul the judgment in part or in full and terminate the proceeding or refuse to hear the action.
(2) If a circuit court annuls a default judgment, the court refers the matter for hearing in full to the court of first instance.
(3) If a court of first instance made a judgment although the hearing of the action should have been refused or the proceeding should have been terminated, the circuit court annuls the judgment of the county court by a ruling whereby the hearing of the action is also refused or the proceeding is terminated.
(4) If a court of first instance has adjudicated several claims in a judgment and the proceedings with regard to some of the claims are to be terminated or the hearing of action concerning some of the claims is to be refused, the circuit court adjudicates the matter in full by a judgment.

§ 658. Consequences of annulment of judgment of county court and referral of matter for new hearing

(1) In the case a judgment of a county court is annulled and the matter is referred for a new hearing, the proceeding in the court of first instance is resumed from the point in which the proceeding was before the hearing of the matter was terminated by such court. The county court performs again the procedural acts declared to be unlawful by the judgment of the circuit court.
(2) The positions of a circuit court concerning the interpretation and application of a provision of law contained in the judgment of the circuit court whereby an appealed judgment is annulled are mandatory to the court which made the annulled judgment in the new hearing of the matter.

Chapter 65 APPEAL AGAINST RULING IN CIRCUIT COURT

§ 659. Application of provisions concerning appeal procedure

The provisions concerning appeal procedure apply to the filing of appeals against rulings with and the hearing of appeals by a circuit court, unless otherwise provided by this Chapter or dictated by the nature of an appeal against a ruling.

§ 660. Right to file appeals against rulings

(1) A participant in a proceeding to whom a ruling of a county court pertains may file an appeal against the ruling with a circuit court only if filing of an appeal against the ruling is permitted by law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) An objection to a ruling not specified in subsection (1) of this section may be filed in an appeal, unless otherwise provided by law.
(3) A ruling which terminates a proceeding on petition in a county court is subject to appeal by the person whose right is restricted by the ruling, unless otherwise provided by law. Other rulings made in a proceeding on petition are subject to appeal only in the cases provided by law.
(4) If a ruling in a proceeding on petition can only be made based on a petition and such petition is not satisfied, only the petitioner can file an appeal against the ruling on refusal to satisfy the petition.

§ 661. Filing of appeal against ruling

(1) An appeal against a ruling is prepared in writing and filed with a circuit court through the county court whose ruling is contested by the appeal.
(2) The term for filing of appeals against rulings is 15 days as of the service of the ruling in the case of rulings made both in actions and in a proceeding on petition unless otherwise provided by law. If there was no obligation to serve a ruling on a person, the term for filing of an appeal against the ruling is calculated as of the time when the court sent it to the person. An appeal against a ruling cannot be filed after five months have passed from the making of the ruling in actions or in a proceeding on petition unless otherwise provided by law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) If, upon adjudication of a matter, the court declares in a ruling the legislation of general application subject to application to be in conflict with the Constitution and refuses to apply the legislation of general application, the term for appeal against the ruling does not begin to run before the pronunciation of a judgment made by way of constitutional review of the Supreme Court concerning the legislation of general application which was not applied.
(4) In actions, the term for filing appeals against rulings may be reduced or the right to file appeals against rulings may be excluded by agreement of the parties.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) The court may grant a person who filed an appeal against a ruling an additional term for substantiating the appeal if good reason exists therefor. An additional term for substantiating an appeal is granted in the case provided in subsection 187 (6) of this Code.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 662. Content of appeal against ruling

(1) An appeal against a ruling shall set out, among other:
1) the name of the court which made the ruling, the date of the ruling and the number of the civil matter;
2) the matter or person to whom the ruling pertains;
3) a clearly expressed procedural request of the person filing the appeal against the ruling which sets out the extent to which the person contests the ruling of the court of first instance and specifies the decision the person requests;
4) the reasoning of the appeal against the ruling.
(2) The reasoning of an appeal against the ruling shall specify:
1) the factual and legal allegations concerning the circumstances from which the violation in making the ruling arises, and the nature of the violation;
2) a reference to the evidence intended to be used in proof of each factual allegation.
(3) New circumstances and evidence may be submitted in order to substantiate an appeal against a ruling.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 663. Hearing of appeal against ruling by county court

(1) A county court decides on acceptance of an appeal against a ruling immediately after receiving the appeal against the ruling. The court verifies the admissibility, according to law, of the filing of an appeal against the ruling, and the conformity of the filing of the appeal against the ruling to the requirements of law and the timeliness of the filing of the appeal against the ruling. The provisions concerning the acceptance of appeals by a circuit court apply to the acceptance of appeals against rulings, unless otherwise provided by law. The acceptance of an appeal against a ruling need not be formulated separately and such fact need not be communicated to the participants in the proceeding.
(2) An appeal may be filed against a ruling by which acceptance of an appeal against a ruling is refused. A ruling made by a circuit court concerning an appeal against a ruling is not subject to appeal.
(3) A county court serves the transcripts of the appeal against a ruling and its appendixes on the participants in the proceeding, whose rights the ruling pertains to and asks for their response.
(4) If a county court finds an appeal against a ruling to be justified, the court satisfies it by a ruling. If a county court finds that an appeal against the ruling can be satisfied only in part, it refuses to satisfy it, unless otherwise provided by law.
(5) If a county court refuses to satisfy an appeal against a ruling, the county court sends it immediately together with any appendixes and related procedural documents annexed thereto to
the circuit court of the correct jurisdiction for hearing and adjudicating. A separate ruling need not be made about refusal to satisfy the appeal against the ruling and it need not be sent to the participants in the proceeding.
(6) If an appealed ruling of a county court was made by an assistant judge, the assistant judge may adjudicate the appeal against the ruling pursuant to the procedure provided in subsections (1)–(4) of this section. If an assistant judge does not satisfy the appeal against the ruling in full within five days after the date on which such appeal was filed, the assistant judge refers the appeal immediately for adjudication to a competent judge who shall be guided upon adjudication of the appeal by the provisions of subsection (5) of this section.
(7) If a request in accordance with subsection 4891 (3) of this Code is submitted together with an appeal against a ruling concerning a payment order and the corresponding payment order has
been made by an assistant judge, the assistant judge refers the appeal immediately for adjudication to a competent judge.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 664. Verification of appeal against ruling by circuit court

(1) Upon receiving an accepted appeal against a ruling, a circuit court verifies whether or not the county court has accepted the appeal correctly, and performs the procedural acts related to the appeal against the ruling which the county court failed to perform.
(2) If, in the opinion of a circuit court, a county court has not accepted an appeal against a ruling correctly, the circuit court makes a ruling on refusal to hear the appeal against the ruling.

§ 665. Suspension of enforcement of ruling contested by appeal against ruling and securing of appeal against ruling

(1) Filing of an appeal against a ruling does not suspend the enforcement of the ruling unless otherwise provided by law. Filing of an appeal against a ruling on payment of a fine suspends the enforcement of the ruling.
(2) A court whose ruling is contested and the circuit court adjudicating the appeal against the ruling may secure the appeal against the ruling before it is heard and among other, suspend the enforcement of the contested ruling or apply other measures of provisional legal protection.

§ 666. Panel of court competent to hear appeal against ruling

(1) In a circuit court, an appeal against a ruling is heard and adjudicated by one judge of the circuit court.
(2) An appeal against a ruling on refusal to accept an action, refusal to hear an action or on termination of a proceeding or against a ruling on refusal to reopen a proceeding on the basis of a petition to set aside default judgement is heard and adjudicated by a panel of a circuit court
consisting of three members, except in the matter specified in subsection 405 (1) of this Code. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) An appeal against a ruling on termination of proceedings in a proceeding on petition is heard and adjudicated by a panel of a circuit court consisting of three members.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 667. Adjudication of appeal against ruling

(1) An appeal against a ruling is adjudicated by a reasoned ruling. If a circuit court refuses to satisfy an appeal against a ruling and this ruling is not subject to appeal to the Supreme Court, the circuit court may make the ruling without the descriptive part and statement of reasons. [RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(2) If a circuit court finds an appeal against a ruling to be justified, the circuit court annuls the contested ruling and where possible, makes a new ruling. If necessary, the circuit court refers the matter back for a new hearing to the court which made the annulled ruling.
(3) An appeal against a ruling is adjudicated by way of written proceedings unless the court deems it necessary to organise a court session. If necessary, the court which is hearing an appeal against a ruling may take new evidence.
(4) A ruling of a circuit court made concerning an appeal against a ruling is served on the participants in the proceeding. If the ruling is not subject to appeal to the Supreme Court, it suffices to send the ruling to the participants in the proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) A ruling is valid and subject to enforcement as of the service thereof on or sending thereof to the person having filed the appeal against the ruling, unless an appeal can be filed against the ruling and law provides that the ruling is subject to enforcement as of entry into force thereof. [RT I 2008, 59, 330 - entry into force 01.01.2009]

Part 13 SUPREME COURT PROCEEDINGS Chapter 66 CASSATION PROCEEDINGS Division 1 Appeal to Supreme Court

§ 668. Right of appeal in cassation proceedings

(1) A participant in appeal proceedings may file an appeal against a judgment of a circuit court with the Supreme Court if the circuit court has materially violated a provision of procedural law or incorrectly applied a provision of substantive law. A third party without an independent claim may file an appeal in cassation on the conditions provided in subsection 214 (2) of this Code.
(2) An appeal in cassation cannot be filed if both parties have waived, by a petition submitted to the court, their right to file appeals.
(3) An appeal in cassation cannot rely on the allegation that such matter should have been adjudicated by an administrative court or that the court of first instance or circuit court which made the judgement did not have jurisdiction in the matter or that the matter should have been adjudicated in another courthouse. An appeal in cassation may rely on the allegation that the Estonian court was not competent to adjudicate the matter internationally or that the matter should have been adjudicated by an arbitral tribunal if such circumstance was also relied on in the county court or circuit court in a timely manner.
(4) An appeal in cassation cannot rely on the circumstance that a matter which should have been adjudicated on petition was adjudicated in actions, except if such circumstance was also relied on in the county court or circuit court in a timely manner and the adjudication of the matter could depend on it to a significant extent.
(5) An appeal in cassation cannot be filed against a judgment of a circuit court in the part where the judgment of the county court was not contested in appeal proceedings.
(6) A judgment of a county court may be appealed in cassation proceedings without filing an appeal in appeal proceedings if both parties have, before or after the making of a judgment by the county court, but within the term for appeal, waived their right to file appeals on the condition that an appeal in cassation can be filed against the judgment during the term for appeal. The general provisions concerning cassation proceedings apply to the adjudication of and conducting of proceedings regarding the appeal in cassation filed against the judgment of the county court. [RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 669. Material violation of provision of procedural law

(1) A circuit court has materially violated a provision of procedural law in making a judgment, if at least one of the following circumstances become evident:
1) the principle of legal hearing or the public nature of proceedings has been violated;
2) the court judgment concerns a person who was not summoned to court pursuant to law;
3) the matter was adjudicated by an unlawful court panel, including a court panel containing a judge who should have removed himself or herself;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
4) a party was not represented in the proceeding pursuant to law and the party had not approved such representation in the proceeding;
5) the judgment is not reasoned to a significant extent.
(2) The Supreme Court may also deem a violation not specified in subsection (1) of this section to be a material violation of a provision of procedural law if the violation could affect the result of adjudication of the matter in the circuit court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 670. Term for cassation

(1) An appeal in cassation may be filed within 30 days after the date on which the judgment was served on the appellant in cassation but not later than five months after the date on which the judgment of the circuit court was made public.
(2) If, upon adjudication of a matter, a circuit court declared in the conclusion of a court judgment the legislation of general application subject to application to be in conflict with the Constitution and refused to apply the legislation of general application, the term for cassation is calculated as of pronunciation of the judgment on the legislation of general application made by way of constitutional review of the Supreme Court.
(3) Based on the request of the appellant in cassation, the Supreme Court may grant, for a good reason, the party which filed the appeal in cassation an additional term for substantiating the appeal. An additional term for substantiating an appeal is granted in the case provided in subsection 187 (6) of this Code.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) If, after the making of a judgment of a circuit court and before the entry thereof into force and filing of an appeal in cassation in the matter, a petition for refusal to hear the action or for termination of the proceeding in the matter, including due to discontinuance of the action or compromise, or a petition related to securing the action or another similar petition is filed, the petition is adjudicated by the circuit court that has made the decision. In the case of satisfying the petition for refusal to hear the action or termination of the proceeding, the circuit court may, by a ruling, annul the decision made and refuse to hear the action or terminate the proceeding in the matter.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) After the filing of an appeal in cassation, the acts specified in subsection (4) of this section may be made by the Supreme Court even if the appeal has not been accepted yet.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 671. Content of appeal in cassation

(1) An appeal in cassation is submitted to the Supreme Court. (2) An appeal in cassation shall set out, among other:
1) the name of the court which made the appealed judgment, the date of the judgment and the
number of the civil matter;
2) a clearly expressed procedural request of the appellant in cassation which indicates the extent to which the appellant in cassation contests the judgment of the circuit court and specifies the judgment the appellant in cassation requests from the Supreme Court;
3) the reasoning of the appeal in cassation.
(3) The reasoning of an appeal in cassation shall specify:
1) the provision of procedural law which the circuit court has materially violated;
2) the circumstances from which the violation of the provision of procedural law arises and how the incorrect application of the provision could have resulted in an incorrect judgment, together with a reference to the evidence which the appellant intends to use in order to prove each factual allegation concerning the violation of the provision of procedural law;
3) the provision of substantive law which the circuit court has evidently applied incorrectly in its judgment and how the incorrect application of such provision could have resulted in an incorrect judgment;
4) the grounds based on which the appeal in cassation should be accepted.
(4) If the appellant in cassation finds that adjudication of the appeal in cassation has fundamental importance with respect to guaranteeing legal certainty and developing uniform judicial practice or for the further development of law, the appellant in cassation shall so indicate in the appeal in cassation.
(5) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 672. Appendixes to appeal in cassation

A document in proof of payment of a security in cassation is annexed to an appeal in cassation unless information concerning payment of such security has been included in the appeal in cassation.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 673. Filing of counter-appeal in cassation

(1) A counter-appeal in cassation is an appeal in cassation which is filed by a party in response to the appeal in cassation of the opposing party and it is heard together with the appeal in cassation.
(2) The provisions for appeals in cassation apply to counter-appeals in cassation unless the provisions of this section provide otherwise.
(3) The respondent may file a counter-appeal in cassation after the appellant in cassation has filed an appeal in cassation even after the expiry of the term for appeal in cassation or if an independent appeal in cassation by the respondent has been rejected. The parts of a court judgment which are not contested in an appeal in cassation may also be contested in a counter- appeal in cassation.
(4) The respondent may file a counter-appeal in cassation within 14 days after service of the appeal in cassation on the respondent or if the term for appeal in cassation is longer than 14 days, during the rest of the term.
(5) A counter-appeal in cassation filed after the expiry of the term for appeal in cassation, but within the term provided in subsection (4) of this section, is not heard if the appellant in
cassation discontinues the appeal in cassation, the appeal in cassation is not accepted or heard, or
the proceedings in the matter are terminated.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 674. Amendment of appeal in cassation

(1) The appellant in cassation may amend and supplement an appeal in cassation until the end of the term for appeal in cassation and, among other, extend the appeal to parts of the court judgment which were not initially appealed. The provisions concerning appeals in cassation
apply to amendment of appeals in cassation.
(2) The provisions of subsection (1) of this section do not preclude or restrict the right of the appellant in cassation to submit allegations concerning the interpretation of law and objections against the submissions of the opposing party made in the cassation proceeding.

§ 675. Request for delivery of procedural documents

(1) On receipt of an appeal in cassation, the Supreme Court immediately requests that the circuit court which conducted proceedings in the matter forward the file and electronically transfer the court decision to the Supreme Court. After receiving such request for delivery of the documents, the circuit court immediately sends the file and court decision to the Supreme Court. The sending of the court decision is not requested if the decision is available through the information system
of the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) After the end of cassation proceedings, the Supreme Court returns the file to the corresponding court.

§ 676. [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 677. Notification of participants in proceeding of appeal in cassation

(1) After receiving an appeal in cassation which conforms to the requirements, the Supreme Court immediately informs the other participants in the proceeding thereof and serves a transcript of the appeal in cassation together with any appendices thereto on them.
(2) The Supreme Court informs the respondent of the following:
1) the time of receipt of the appeal in cassation by the court;
2) the obligation of the respondent to give a written response to the appeal in cassation during the term set by the court;
21) the right of the respondent to file a counter-appeal in cassation; [RT I 2008, 59, 330 - entry into force 01.01.2009]
3) the mandatory contents of the response.
(3) The Supreme Court notifies the other participants in the proceeding of the time the court received the appeal in cassation and explains to them their right to submit their position
concerning the appeal in cassation during the term set by the court. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) Upon service of an appeal in cassation on a participant in the proceeding, the court informs the participant in the proceeding whether and which petitions the participant in the proceeding can file, that the participant in the proceeding is permitted to perform other procedural acts only through a sworn advocate, and that any procedural acts which are not performed through a sworn advocate are not taken into consideration in adjudicating the appeal in cassation.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) In the case provided in subsection 679 (2) of this Code, the appeal in cassation is not served on the other participants in the proceeding and their response is not obtained before the adjudication of the acceptance of the appeal.

§ 678. Response to appeal in cassation

(1) The respondent shall provide the court with a written response to an appeal in cassation. (2) Among other, the respondent shall set out the following in the response to an appeal in
cassation:
1) whether any omissions exist which hinder the conduct of proceedings regarding the appeal in cassation;
2) whether or not the appeal in cassation should be accepted;
3) whether the respondent considers the appeal to be justified or intends to contest the appeal;
4) defences to the claims and grounds of the appeal, and the facts upon which the respondent relies.
(3) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) The term for submitting a response shall be at least 20 days after the date of service of the appeal in cassation.
(5) The Supreme Court forwards the response and any other positions of the participants in the proceeding together with transcripts of the documents annexed to the response or positions to the other participants in the proceeding.

§ 679. Deciding on acceptance of appeal in cassation

(1) The Supreme Court decides to accept an appeal in cassation or refuse to accept an appeal in cassation by a ruling within a reasonable period after the expiry of the term set to the respondent and third parties for giving a response to the appeal in cassation and providing positions concerning the appeal.
(2) If an appeal is evidently unjustified or evidently justified, the acceptance of the appeal may also be adjudicated without sending the appeal to the other participants in the proceeding or before the expiry of the term specified in subsection (1) of this section.
(3) The Supreme Court accepts an appeal in cassation if the appeal in cassation conforms to the requirements of law, has been submitted in a timely manner and, if:
1) the circuit court has evidently applied a provision of substantive law incorrectly in its judgment and the incorrect application of such provision could have resulted in an incorrect judgment;
2) the circuit court has materially violated a provision of procedural law in making the judgment and this could have resulted in an incorrect judgment;
3) the adjudication of the appeal in cassation has, regardless of the provisions of clauses 1) and
2) of this subsection, fundamental importance with respect to guaranteeing legal certainty and developing a uniform judicial practice or for the further development of law.
(4) Regardless of the provisions of clauses (3) 1) or 2) of this section, the Supreme Court need not accept an appeal in cassation filed in a matter of a proprietary claim if the appellant in cassation contests the judgment of the circuit court to an extent less than ten times the minimum monthly wage established by the Government of the Republic.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) The Supreme Court sends a ruling on acceptance of an appeal in cassation or on refusal to accept an appeal in cassation to the participants in the proceeding. If an appeal in cassation was not sent to the other participants in the proceeding before adjudication of the acceptance of the appeal in cassation, a transcript of the appeal in cassation is also annexed to the ruling. If an appeal in cassation is accepted, the respondent is also asked to provide a response to the appeal in cassation.
(6) If an appeal in cassation is accepted, acceptance of the counter-appeal in cassation can be refused only on the grounds that the counter-appeal in cassation does not conform to the requirements provided by law. If one of the two or more similar appeals in cassation filed at the same time for acceptance with the Supreme Court is accepted, the other appeals are also accepted.
(7) The result of adjudication of a request for the acceptance of an appeal in cassation is published immediately on the website of the Supreme Court, setting out the number of the civil matter, the names of the participants in the proceeding and the general description of the object of the action. In the case of adjudication of a request for the acceptance of an appeal in closed proceedings, the website sets out only the result of adjudication of the request, the number of the civil matter and a reference to the fact that the proceeding is closed. Refusal to accept an appeal due to the reason that the appeal did not comply with the requirements provided by law and was therefore returned is not published on the website. Information concerning the adjudication of requests for acceptance of appeals is removed from the website after seven days have passed from the publication of the adjudication of the request.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Division 2 Procedure in Supreme Court

§ 680. Application of procedural provisions and participants in proceeding in Supreme

Court

(1) The provisions regulating the procedure in the county court apply to the cassation procedure, unless other provisions regulate the cassation procedure or the provisions regulating the procedure in the county court are in conflict with the nature of the cassation procedure.
(2) The participants in the proceeding in the Supreme Court are the parties of a cassation proceeding and third parties. The parties of a cassation proceeding are the appellant in cassation and the respondent. If a contested legal relationship can be established only jointly with regard to all co-plaintiffs or co-defendants, the co-plaintiffs or co-defendants are deemed to be co- appellants in cassation or co-respondents regardless of whether or not they are filing the appeal
in cassation or the appeal in cassation is filed against them.

§ 681. Preparation of matter

(1) After accepting an appeal in cassation, the Supreme Court:
1) makes a ruling on securing of action or cancellation of securing of action, if such request is justified;
2) adjudicates on the immediate enforcement of a court judgment or suspension of the immediate enforcement of a court judgment, if such request is justified;
3) clarifies whether the matter can be adjudicated in pre-trial proceedings;
4) schedules a court session for hearing the matter unless the matter can be adjudicated by way of written proceedings;
5) where necessary, sets a participant in the proceeding a term for giving a response to a question which the Supreme Court deems necessary, or demands amendment of the response within a term specified by the court.
(2) After acceptance of a matter, a member of the Civil Chamber of the Supreme Court who is given the task of reporting on the matter prepares the hearing of the matter thoroughly so that when a court session is organised, the matter can be adjudicated without interruptions in one court session
(3) The member of the chamber of the court who was assigned the task of reporting on the matter adjudicates alone any requests of the participants in the proceeding in preparation of the matter and makes the rulings necessary for preparing for the adjudication of the matter. The rulings on termination of proceedings in the matter of an appeal in cassation are made by a court panel consisting of at least three members.
A court official shall not make a ruling on termination of cassation proceedings in a matter or the rulings specified in clauses (1) 1) and 2) of this section.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) The Supreme Court may also request the position of the state or local government agencies specified in subsection 393 (3) and (4) of this Code on adjudication of the matter.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 682. Refusal to hear appeal in cassation

(1) The court refuses to hear an appeal in cassation by a reasoned ruling if, after acceptance of the appeal, it becomes evident that the appeal in cassation does not conform to the requirements provided by law or the appeal in cassation was filed after the expiry of the term for cassation. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) If an omission hindering the hearing of an appeal in cassation exists and the omission can obviously be corrected, the court sets the appellant in cassation a reasonable term for correcting the omission by a ruling. If the appellant in cassation fails to comply with the order of the court by the due date, the court refuses to hear the appeal in cassation.

§ 683. Discontinuance of appeal in cassation

(1) The appellant in cassation may discontinue an appeal in cassation until the end of the hearing of the matter or, in the case of written proceedings, until the expiry of the term for filing
petitions.
(2) A petition for the discontinuance of an appeal in cassation is submitted to the Supreme Court in writing.
(3) In the case an appeal in cassation is discontinued, the appellant in cassation is deemed not to have performed procedural acts at the cassation level of court. If the appellant in cassation discontinues an appeal in cassation, the appellant in cassation cannot file a new appeal in cassation concerning the same object of appeal in cassation and is required to cover the procedural expenses related to the appeal in cassation.
(4) If the opposing party has not filed an appeal against the judgment of the circuit court or if the counter-appeal in cassation was filed after the expiry of the term for cassation, the Supreme
Court makes, in the case of discontinuance of the appeal in cassation, a ruling on termination of the proceeding.
(5) If, in the case of discontinuance of an appeal in cassation, the court is unable to terminate the proceeding due to an appeal by the opposing party, the court makes a ruling on termination of the proceeding in the part of the appeal in cassation which was discontinued. In such case, the proceeding is continued in the part of the other appeal.

§ 684. Discontinuance of action and compromise

Upon accepting the discontinuance of an action or the approval of a compromise after a matter has been accepted in cassation proceedings, the Supreme Court annuls any prior decisions in the matter and terminates the proceeding by a ruling. If the court does not accept the discontinuance
of an action or does not approve a compromise, the court hears the matter in cassation proceedings.

§ 685. Adjudication of matter by written proceedings

The court may hear and adjudicate a matter without hearing the appeal in cassation in a court session if it does not consider a court session to be necessary. In such case the court sets, as soon as possible, a term during which the participants in the proceeding may submit petitions and positions to the court and the time for making public of the judgment, and notifies the participants in the proceeding thereof.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 686. Summoning to Supreme Court and absence of participants in proceeding from session

(1) If a matter is to be heard in a court session, the Supreme Court notifies the participants in the proceeding of the time and place of the court session.
(2) If a participant in the proceeding fails to appear in a court session, the Supreme Court may adjudicate the appeal without the participation thereof or may postpone the hearing of the matter if, in the opinion of the Supreme Court, the presence of such participant in the proceeding is necessary for hearing the matter.

§ 687. Hearing of matter in court session

(1) In a session of the Supreme Court, the judge who prepared the matter presents a report on the matter, in which he or she reports, to the extent necessary, on the earlier course of the
proceedings and on the content of the appeal and the response.
(2) After such presentation, the appellant in cassation speaks, followed by third persons on the side of the appellant in cassation, the respondent and all the other participants in the proceeding unless the court orders otherwise. The court may limit the duration of closing arguments and ensures that all participants in the proceeding have equal time to speak. The time granted to a participant in a proceeding for closing arguments shall not be less than 15 minutes.
(3) The court may question the participants in the proceeding.
(4) If the court hears a matter without the presence of a participant in a proceeding, the court presents, to the extent necessary, the position of the absent participant in the proceeding based on the information in the file.

Division 3 Judgment of Supreme Court

§ 688. Extent of hearing of appeal in cassation

(1) The Supreme Court verifies in the cassation procedure the correctness of a judgment of a circuit court only to the extent it was appealed.
(2) The Supreme Court is not bound by the legal grounds of an appeal in cassation.
(3) In verifying whether the claim in cassation is reasoned, the Supreme Court considers only the facts which have been established by the judgment of the lower court. In addition to the above, the Supreme Court considers only the facts presented in support of an allegation concerning a material violation by a circuit court of a provision of procedural law, including the facts as evident from the court minutes.
(4) The Supreme Court is bound by the facts established by the court of appeal, except in the case the establishment of a fact is contested by an appeal in cassation and provisions of procedural law have been materially violated upon establishing the fact.
(5) The Supreme Court does not take or investigate evidence, except for evidence which is submitted to the Supreme Court in proof of a material violation of procedural law by a circuit court. Neither does the Supreme Court take or investigate evidence already taken, investigated and evaluated by a lower court.
(6) In the cassation instance of court, a party cannot rely on the fact that the circuit court
violated a provision of procedural law in making the judgment unless the party filed an objection to it on time in the circuit court (§ 333 of this Code).

§ 689. Content of judgment of Supreme Court

(1) The Supreme Court adjudicates an appeal in cassation by a judgment, unless otherwise prescribed by law. The provisions concerning judgments of county courts apply to judgments of the Supreme Court unless otherwise provided by subsections (2)–(6) of this section.
(2) In addition to the information in the judgment of a county court, the Supreme Court specifies the identity of the appellant in cassation in the introduction to the judgment.
(21) If the Supreme Court amends the conclusion of the judgment of the circuit court or county court, the conclusion of the judgment of the Supreme Court shall indicate the full wording of the effective conclusion.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) The descriptive part of a judgment provides a short description of the course of the proceeding and the court judgments made in the matter, a short review of the claims filed by the parties in the cassation proceeding, the factual and legal allegations concerning such claims, the
evidence submitted concerning the violation of the provision of procedural law and the requests of the parties.
(4) The statement of reasons of a judgment sets out the conclusions of the Supreme Court, the Acts which the Supreme Court applied and the procedural acts of the circuit court which the Supreme Court deems to be unlawful.
(5) If the Supreme Court refuses to amend the judgment of the circuit court and adheres to the reasoning in the judgment of the circuit court, the Supreme Court need not substantiate its judgment. In such case the Supreme Court shall specify that it adheres to the reasoning in the judgment of the circuit court.
(6) With good reason, the Supreme Court may make a judgment on refusal to satisfy an appeal in cassation only in the form of a conclusion.

§ 690. Referral of matter in Supreme Court

(1) Referral of a matter to the full panel of the Civil Chamber, Special Panel of the Supreme Court or the Supreme Court en banc for adjudication is decided by a ruling. Such ruling is sent to the participants in the proceeding.
(2) If a matter is to be heard in a court session, the participants in the proceeding are notified of the time and place of the session of the full panel of the Civil Chamber, Special Panel of the Supreme Court or the Supreme Court en banc.

§ 691. Competence of Supreme Court in adjudication of appeal in cassation

In adjudicating an appeal in cassation, the Supreme Court has the right to:
1) refuse to satisfy the appeal and refuse to amend the judgment of the circuit court;
2) annul the judgment of a circuit court in full or in part and refer the annulled part to the same or another circuit court for a new hearing;
3) annul any previous judgments in full or in part and refuse to hear the action, or terminate the proceeding in the matter;
4) annul the judgments of a circuit court or county court on the basis specified in subsection 692 (5) of this Code and send the matter to the county court for a new hearing;
5) amend the judgment of a circuit court or annul the judgment of a circuit court and make a new judgment or uphold the judgment of a county court without referring the matter for a new hearing to the lower court if the circuit court has rendered an incorrect legal opinion on the established facts in the judgment and the circuit court has not violated the provision of procedural law specified in § 669 of this Code or if the violation of the provision can be corrected by the Supreme Court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 692. Grounds for annulment of court judgment in cassation procedure

(1) The grounds for annulment of a court judgment in the cassation procedure are:
1) incorrect interpretation or application of a provision of substantive law, including failure to apply a provision of substantive law although such provision should have been applied under the circumstances, and rendering an incorrect legal opinion on the established facts;
2) a material violation of a provision of procedural law if it could have resulted in an incorrect judgment.
(2) The Supreme Court refuses to satisfy an appeal in cassation but amends the legal reasoning in a judgment of a circuit court if the Supreme Court establishes that the statement of reasons of the judgment of the circuit court contains incorrect interpretation or application of a provision of substantive law but regardless of such finding or due to other circumstances, the conclusion of the judgment of the circuit court is essentially correct.
(3) A judgment of a circuit court contested by an appeal in cassation is annulled to the extent to which the claim submitted in the appeal in cassation is justified.
(4) If the circuit court has violated the provision of procedural law specified in subsection 699 (1) of this Code, the Supreme Court is not bound by the limits of an appeal and annuls the judgment of a circuit court regardless of the appeal and refers the matter to the circuit court for a new hearing. The Supreme Court need not refer a matter for a new hearing if the violation can be corrected in the cassation proceeding. The Supreme Court also has the right to annul a judgment of a circuit court regardless of the reasons set out in an appeal in cassation and to refer the matter to the court of first instance for a new hearing due to a material violation of a provision of procedural law not specified in subsection 669 (1) of this Code if such violation could affect the result of adjudication of the matter in the circuit court and the violation cannot be corrected in
the cassation proceeding.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) If a county court has violated the provision of procedural law specified in subsection 699 (1) of this Code and a circuit court has not annulled the judgment or referred the matter for a new hearing, the Supreme Court annuls the judgments of the lower courts and refers the matter to the county court for a new hearing. The Supreme Court has the right to annul, together with the judgment of a circuit court, a judgment of a county court also in other cases where it is evident that the circuit court must, in the course of the new hearing of the matter, refer the matter back to the county court, or if it is necessary due to another reason for a quicker adjudication of the matter.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(6) If a circuit court made a judgment although the hearing of the appeal should have been refused or the proceeding should have been terminated, the Supreme Court annuls the judgment of the circuit court by a ruling whereby the hearing of the action is also refused or the proceeding is terminated.

§ 693. Consequences of annulment of judgment of circuit court and referral of matter for new hearing

(1) In the case of annulment of a judgment of a circuit court and referral of the matter for a new hearing, the proceeding in the circuit court is resumed from the point in which the proceeding was before the hearing of the matter was terminated by such court. The circuit court performs again the procedural acts declared to be unlawful by the judgment of the Supreme Court.
(2) The positions set out in a judgment of the Supreme Court on the interpretation and application of a provision of law are mandatory for the court conducting a new hearing of the same matter.

§ 694. Entry into force and publication of judgment of Supreme Court

(1) A judgment of the Supreme Court is sent to the participants in the proceeding and published on the website of the Supreme Court.
[RT I 2010, 19, 101 - entry into force 01.06.2010]
(2) Judgments of the Supreme Court and rulings on refusal to accept an appeal in cassation enter into force on the date they are made public and are not subject to appeal.
(3) The Supreme Court makes a judgment within 30 days after the date of the last court session in which the matter was heard or, in the case of written proceedings, within 30 days after the date of expiry of the term for submission of requests and documents. The term for the making public of a judgment may be extended for up to 60 days with good reason and, above all, due to the
large volume or particular complexity of the matter.

Chapter 67 APPEAL AGAINST RULING IN SUPREME COURT

§ 695. Application of provisions regulating cassation proceedings

The provisions concerning cassation proceedings apply to the filing of appeals against rulings with and the hearing of appeals by the Supreme Court, unless otherwise provided by the provisions of this Chapter or otherwise dictated by the nature of an appeal against a ruling.

§ 696. Right to file appeals against rulings

(1) A participant in a proceeding to whom a ruling of a circuit court pertains may file an appeal against the ruling with the Supreme Court only if filing thereof is permitted by law. If a ruling of a county court is subject to appeal pursuant to law, the ruling of the circuit court made concerning the appeal against the ruling is also subject to appeal to the Supreme Court, unless otherwise provided by law.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) An objection to a ruling not specified in subsection (1) of this section may be made in an appeal in cassation, unless otherwise provided by law.
(3) A ruling of a circuit court made concerning on an appeal against a ruling of a county court which terminates a proceeding on petition is subject to appeal by the person whose right is restricted by the ruling, unless otherwise provided by law. Other rulings made in a proceeding on petition are subject to appeal only in the cases provided by law.
(4) If in a proceeding on petition a ruling can only be made based on a petition and such petition was not satisfied, the ruling of a circuit court made concerning an appeal against the ruling on refusal to satisfy the petition is subject to appeal only by the petitioner.

§ 697. Grounds for appeal against ruling

An appeal against a ruling can only rely on the fact that the circuit court has incorrectly applied a provision of substantive law in making the ruling or violated a provision of procedural law in making the ruling and such fact could have resulted in an incorrect court decision.

§ 698. Filing of appeal against ruling with Supreme Court

(1) An appeal against a ruling is filed with the Supreme Court.
(2) The term for filing an appeal against a ruling is 15 days after the date of service of the ruling on the appellant, unless otherwise provided by law.
(3) If, upon adjudication of a matter, a court declares in a ruling the legislation of general application subject to application to be in conflict with the Constitution and refuses to apply the legislation of general application, the term for appeal against the ruling does not begin to run before the pronunciation of a judgment made by way of constitutional review of the Supreme Court concerning the legislation of general application which was not applied.
(4) The court may grant a person who filed an appeal against a ruling an additional term for substantiating the appeal if good reason exists therefor. An additional term for substantiating an appeal is granted in the case provided in subsection 187 (6) of this Code.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 699. Content of appeal against ruling

(1) An appeal against a ruling shall set out, among other:
1) the name of the court which made the ruling, the date of the ruling and the number of the civil matter;
2) the matter or person to whom the ruling pertains;
3) a clearly expressed request of the person filing the appeal against the ruling, indicating the extent to which the person contests the ruling of the circuit court and specifying the judgment of the Supreme Court that the person requests;
4) the reasoning of the appeal against the ruling.
(2) The reasoning of an appeal against a ruling shall set out, among other:
1) the factual and legal allegations concerning the circumstances from which the violation in
making the ruling arises, and the nature of the violation;
2) a reference to the evidence intended to be used in proof of each factual allegation. (3) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 700. Suspension of enforcement and securing of appeal against ruling

(1) Filing of an appeal against a ruling does not suspend the enforcement of the ruling unless otherwise provided by law.
(2) The Supreme Court may secure an appeal against a ruling before it is heard and among other, suspend the enforcement of the contested ruling or apply other measures of provisional legal protection.

§ 701. Adjudication of appeal against ruling

(1) The Supreme Court serves transcripts of an appeal against a ruling and any appendices thereto on the participants in the proceeding and requests a response from them unless the ruling does not pertain to the rights of other participants in the proceeding.
(2) An appeal against a ruling is adjudicated by a reasoned ruling by way of written proceedings unless the court deems it necessary to organise a court session.
(3) If the Supreme Court finds an appeal against a ruling to be justified, the Court annuls the contested ruling and where possible, makes a new ruling. Where necessary, the Supreme Court refers the matter back for a new hearing to the circuit court which made the ruling or to another circuit court. The Supreme Court may also annul a ruling of a county court made on the matter and refer the matter for a new hearing to the county court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 68 REVIEW

§ 702. Grounds for review

(1) If new facts become evident in a matter, a new hearing of a court decision which has entered into force may be organised pursuant to the procedure for review on the basis of a petition filed by a party in the case of an action or, in the case of a matter on petition, based on a petition filed by a participant in the proceeding or another person who should have been involved by the court in the hearing of the matter.
(2) The grounds for review are the following:
1) the decision was made by a court panel containing a judge who should have removed himself or herself;
2) failure to inform a participant in the proceeding of the proceeding pursuant to the requirements of law, including failure to serve the statement of claim on the participant in the proceeding or failure to summon the participant in the proceeding to court pursuant to the
requirements of law although the decision was made with regard to the participant in the proceeding;
3) a participant in a proceeding was not represented in the proceeding by a person entitled to do so although the judgment was made with regard to the participant in the proceeding, unless the participant in the proceeding had approved of such representation in the proceeding;
[RT I 2008, 59, 330 - entry into force 01.01.2009]
4) a court decision is unlawful or not reasoned, which arises from the false testimony of a witness, knowingly wrong opinion of an expert, knowingly false interpretation or translation, or falsification of documents, or fabrication of evidence which is established by another court judgment which has entered into force in a criminal matter;
5) a criminal offence which is committed by a judge or a participant in a proceeding or a representative thereof in the hearing of the matter subject to review and which is established by a court judgment which has entered in force in a criminal matter;
6) the court decision is based on an earlier court decision, decision of an arbitral tribunal or administrative act which has been annulled or amended;
7) the Supreme Court declares, by way of constitutional review proceedings, the legislation of general application or a provision thereof on which the court decision in the civil matter subject to review was based to be in conflict with the Constitution;
8) the European Court of Human Rights has established a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms, or Additional Protocols belonging thereto in the making of the court decision, and the violation cannot be reasonably corrected or compensated in any other manner than by review;
81) grounds for suspension, which existed at the time the decision was made but were not known and could not have been known to the court, become evident;
[RT I 2009, 67, 460 - entry into force 01.01.2010]
9) another fact or evidence relevant to the matter existed at the time of making the court decision but was not known and could not have been known to the participant in the proceeding, and submission of or relying on such fact or evidence in the proceeding would have evidently
resulted in a different court decision.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) The facts specified in subsection (2) of this section are not the grounds for review if such fact did not influence the making of the decision in favour of or against a participant in the proceeding.

§ 703. Restrictions on review

(1) Review of court rulings which are not subject to appeal pursuant to this Code is not permitted.
(2) Review is not permitted if the participant in the proceeding could have relied on the facts which allow review already earlier in the proceeding and above all, by filing an objection or appeal, and also in the event the objection or appeal was not satisfied.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) A petition for review cannot be filed repeatedly based on the same facts.

§ 704. Term for filing of petition for review

(1) A petition for review may be filed within two months after becoming aware of the grounds for review but not before the decision enters into force. A petition for review on the grounds that a participant in a proceeding was not represented in the proceeding may be filed within two months after the date on which the decision was served on the participant in the proceeding and, if the participant in the proceeding had no active civil procedural legal capacity, on the legal representative of the participant in the proceeding. Thereby, public service is not taken into consideration.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) In the case specified in clause 702 (2) 8) of this Code, a petition for review may be filed within six months after entry into force of the decision of the European Court of Justice. In the case specified in clause 702 (2) 7) of this Code, a petition for review may be filed within six months after entry into force of the judgment of the Supreme Court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) A petition for review cannot be filed if five years have passed from the entry into force of the court decision the review of which is requested. A petition for review on the grounds that a party was not represented or did not participate in the proceeding or in the case specified in clause 702 (2) 8) of this Code cannot be filed if ten years have passed from the entry into force of the court decision.
[RT I 2006, 48, 360 - entry into force 18.11.2006]
(4) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 705. Application of provisions regulating cassation proceedings

[RT I 2008, 59, 330 - entry into force 01.01.2009]

The provisions concerning appeals in cassation apply to the filing of petitions for review and conduct of proceedings in matters of petitions for review, unless the provisions of this Chapter provide otherwise.

§ 706. Submission of petition for review

(1) A petition for review is filed with the Supreme Court.
(2) Upon submission of a petition for review, a security in cassation shall be paid to the same extent as upon submission of an appeal in cassation.

§ 707. Content of petition for review

(1) A petition for review sets out, among other, the request with regard to the decision, the grounds for the petition, the legal basis for review, the facts in proof of adherence to the term for submission of the petition, and the evidence in proof of the grounds for review and adherence to the term for submission of the petition for review.
(2) A transcript of the decision the review of which is requested, and documents which constitute the grounds for the petition for review or transcripts thereof are annexed to the petition. If the documents are not in the possession of the petitioner, it shall be specified whether the petitioner requests from the court that the court require submission of the documents.
(3) Provision of proof of the circumstances which are the grounds for review is not permitted by filing a request for obtaining a statement of a participant in the proceeding under oath.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 708. Preparation for hearing of petition for review

(1) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) In order to adjudicate a petition for review of a court decision of a lower court, the Supreme
Court requests the file from the lower court.
(3) The Supreme Court serves a transcript of an accepted petition on the opposing party, and requests a written response by a set date. A petition for review is not served and a response is not requested on the same basis as in the case of an appeal in cassation.
(4) A respondent shall indicate whether the respondent consents to the petition. The respondent shall substantiate the objections thereof and where necessary, submit evidence in proof of the objections.
(5) Review of a court decision does not suspend enforcement thereof. The Supreme Court may make a ruling to suspend the enforcement proceeding or allow it to be continued only against a security, or revoke the enforcement action.

§ 709. Acceptance of petition for review

The Supreme Court accepts a petition for review if the facts submitted in the petition give reason to believe that a basis for review provided by law exists.

§ 710. Adjudication of petition for review

(1) If the Supreme Court finds that a petition for review is justified, the Supreme Court annuls the decision and refers the matter for a new hearing to the lower court which made the decision. If the facts are obvious, the Supreme Court amends the decision of a lower court or annuls the decision of a lower court and makes a new judgment or ruling.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) A transcript of the judgment or ruling is sent to the participants in the proceeding. [RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]
(4) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]

Chapter 69 DETERMINATION OF COURT WITH APPROPRIATE COMPETENCE

§ 711. Procedure for determination of court with appropriate competence

(1) In the cases provided by law, a Special Panel formed by the Civil Chamber and the Administrative Chamber of the Supreme Court determines the court with appropriate competence to adjudicate the matter. The Special Panel is formed and chaired by the Chief Justice of the Supreme Court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(2) Within two months after receiving a matter, the Special Panel determines by a ruling the court into whose competence the adjudication of the matter falls, without summoning the participants in the proceeding to the hearing of the matter. The participants in the proceeding may submit their positions to the Special Panel in writing.
(3) Upon determination of the court with appropriate competence, the Special Panel of the Supreme Court annuls the court ruling in which the court which was declared to have appropriate competence found that the matter does not fall within the competence of the court and refers the matter for adjudication to the court which made the annulled ruling.
(4) [Repealed - RT I 2008, 59, 330 - entry into force 01.01.2009]
(5) If the Special Panel of the Supreme Court finds that a matter is not subject to adjudication by way of civil or administrative procedure, the Special Panel terminates the proceeding by a ruling.

Part 14 ARBITRAL TRIBUNAL Chapter 70 GENERAL PROVISIONS

§ 712. Place of conduct of arbitration proceedings

(1) The provisions of this Part apply to arbitration proceedings conducted in Estonia unless otherwise provided by law or an international agreement.
(2) The provisions of §§ 720 and 740 of this Code also apply if the place of conducting the arbitration proceedings is in a foreign state or if the place of conducting the proceedings has not yet been determined.
(3) Until determination of the place of conducting arbitration proceedings in Estonia or in a foreign state, the tasks specified in §§ 721, 724, 725, 727 and 728 of this Code are performed by Estonian courts if the place of business, residence or seat of at least one party is in Estonia.

§ 713. Extent of activity of courts

A court has the right to perform acts in arbitration proceedings only in the cases and to the extent provided by law.

§ 714. Consequences of failure to report violation of law or arbitral agreement

Upon violation of a provision of this Part regulating party autonomy or of a claim agreed on by the parties for the purpose of arbitration proceedings, a party cannot rely on such violation if the party fails to inform the arbitral tribunal of such violation immediately after the party becomes or should have become aware of the violation.

§ 715. Deeming of notices to be delivered

(1) If the place of business, residence or seat of a party or a person entitled to receive a notice is not known, a notice is deemed to have been delivered as of the date on which the party or the person entitled to receive the notice would have received the notice in the case of ordinary delivery by registered letter or in another manner providing proof of delivery at the last known address of the person.
(2) The provisions of subsection (1) of this section do not apply to the service of notices in the course of court proceedings.

§ 716. Proceedings in permanent arbitral tribunals

(1) If the parties have agreed upon conduct of arbitration proceedings in a permanent arbitral tribunal, it is presumed that the agreement of the parties also extends to the procedural rules prescribed by the rules and regulations of the arbitral tribunal or other documents regulating arbitration proceedings.
(2) If this Part provides for the right of a party to file a petition with a court in the case of failure to reach an agreement concerning a procedural issue, it is not permitted in a proceeding conducted by a permanent arbitral tribunal unless the procedural issue cannot be solved based on the procedural rules of the arbitral tribunal.

Chapter 71 ARBITRAL AGREEMENT

§ 717. Definition of arbitral agreement

(1) An arbitral agreement is an agreement between the parties to have an arbitral tribunal resolve a dispute which has already arisen or may arise between them over a determined contractual relationship or a extra-contractual relationship.
(2) An arbitral agreement may be entered into as an independent agreement, or as a distinguishable term which is a part of a contract.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 718. Validity of arbitral agreement

(1) The object of an arbitral agreement may be a proprietary claim. An arbitral agreement concerning a non-proprietary claim is valid only if the parties are able to reach a compromise concerning the object of the dispute.
(2) An arbitral agreement shall be null and void if its object is:
1) a dispute concerning the validity or cancellation of a residential lease contract, and vacating a dwelling located in Estonia;
2) a dispute concerning the termination of an employment contract.
(3) A proprietary claim in public law may be the object of an arbitral agreement if the parties are able to enter into a contract under public law concerning the object of dispute.
(4) A prohibition or restriction on referral of certain types of disputes to arbitration may be established by law.

§ 719. Format of arbitral agreement

(1) An arbitral agreement must be entered into in a format which can be reproduced in writing. An arbitral agreement may also be contained in a written confirmation.
(2) If a consumer is a party of an arbitral agreement, such agreement shall be set out in a document bearing the hand-written or digital signature of the consumer.
(3) Failure to comply with the format requirement does not affect the validity of an agreement if the parties agree to the resolution of the dispute by an arbitral tribunal.

§ 720. Arbitral agreement and securing of action in court

Regardless of whether or not the parties have entered into an arbitral agreement, the court has the right to secure the action based on a request of a party before or after the beginning of arbitration proceedings.

Chapter 72 FORMATION OF ARBITRAL TRIBUNAL

§ 721. Formation of arbitral tribunal

(1) The parties agree on the number of arbitrators. If there is no agreement, a dispute is resolved by three arbitrators.
(2) If an arbitral agreement gives one of the parties, in the formation of an arbitral tribunal, an economic or other advantage over the other party which is materially damaging to the other party, such party may request that the court appoint one arbitrator or several arbitrators differently from the appointment which already took place or from the rules of appointment
agreed upon earlier. The request shall be made not later than within 15 days as of the time the party became aware of the formation of the arbitral tribunal.
(3) If a party has submitted the request specified in subsection (2) of this section to the court, the arbitral tribunal may suspend its proceeding.

§ 722. Prerequisites for appointment as arbitrator

(1) Natural persons with active legal capacity may be appointed as arbitrators. (2) The parties may agree on the qualification requirements of arbitrators.

§ 723. Consent of arbitrator

The written consent of a candidate for arbitrator is required for his or her appointment as arbitrator.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 724. Appointment of arbitrator

(1) The parties may agree on the procedure for appointment of arbitrators.
(2) If an arbitral tribunal is to consist of three arbitrators but the parties have not agreed upon a procedure for their appointment, each party appoints one arbitrator. Such arbitrators then elect the third arbitrator who acts as the presiding arbitrator.
(3) If, in the case specified in subsection (2) of this section, a party has failed to appoint an arbitrator within 30 days after receipt of a corresponding request from the other party or the arbitrators appointed by the parties are unable to elect a third arbitrator within 30 days after their appointment, the court appoints an arbitrator based on a petition of a party.
(4) If an arbitral tribunal is to consist of one arbitrator but the parties have not agreed upon a procedure for the appointment of the arbitrator and are unable to reach a corresponding agreement, the court appoints an arbitrator based on a petition of a party.
(5) If the parties have agreed upon a procedure for the appointment of an arbitrator and one party violates the procedure, or if the parties or both arbitrators fail to reach an agreement, or a third person fails to perform the tasks assigned to him or her in the appointment proceeding, each party has the right to request that the court appoint an arbitrator, unless a different procedure for appointment of an arbitrator has been agreed upon.

§ 725. Appointment of arbitrator by court

(1) The court appoints an arbitrator within 30 days after receipt of a corresponding petition.
(2) The court considers the following in appointing an arbitrator:
1) the conditions agreed upon by the parties concerning the appointment of an arbitrator;
2) any circumstances which ensure the appointment of an independent, impartial and competent arbitrator.
(3) A ruling on appointment of an arbitrator is not subject to appeal.

§ 726. Removal of arbitrator

(1) An arbitrator may be removed if circumstances exist which create a reasonable doubt in his or her impartiality, independence or competence or if the conditions agreed upon by the parties are not fulfilled with respect to the arbitrator. A party may request the removal of the arbitrator appointed thereby if the grounds for removal of the arbitrator became known to the party after the appointment of the arbitrator.
(2) A candidate for arbitrator discloses immediately any circumstances which may create a doubt in his or her impartiality or independence or which may constitute the basis for his or her removal due to another reason. Unless an arbitrator has disclosed such circumstances to the parties earlier, he or she has the obligation to immediately inform the parties of such circumstances during the period between his or her appointment and the end of the arbitration proceeding.

§ 727. Procedure for removal of arbitrator

(1) The parties may agree on the procedure for removal of arbitrators.
(2) If the parties have not agreed on a procedure for removal, a party may submit a petition for removal to the arbitral tribunal within 15 days after the date of formation of the arbitral tribunal or the date of becoming aware of the circumstance specified in subsection 726 (1) of this Code. If an arbitrator refuses to remove himself or herself or if the other party does not agree to the
removal, the arbitral tribunal decides on the removal without the participation of the arbitrator to be removed.
(3) If the issue of removal cannot be decided pursuant to the procedure provided in subsection (2) of this section, a party may submit a petition for removal to the court within 30 days after the date on which the party became aware of the rejection of the petition for removal.
(4) The arbitral tribunal may suspend its proceedings until the time the court adjudicates the petition for removal.

§ 728. Inability of arbitrator to perform duties

(1) In the case an arbitrator is unable to perform his or her duties within a reasonable period of time, his or her competence as an arbitrator ends if he or she removes himself or herself or the parties agree on the termination of his or her competence. If an arbitrator refuses to remove himself or herself or the parties fail to reach an agreement concerning the termination of the
arbitrator's competence, each party may file a petition with the court for declaration of the termination of the arbitrator's competence, unless the parties have agreed otherwise.
(2) The provisions of subsection (1) of this section do not preclude a party's right to terminate a contract entered into with an arbitrator.

§ 729. Replacement of arbitrator

(1) Upon termination of a contract entered into with an arbitrator, a new arbitrator is appointed to replace him or her. The appointment is conducted in adherence to the same requirements which were applied upon appointment of the replaced arbitrator. The arbitral tribunal suspends its proceeding until the appointment of a new arbitrator. After suspension the proceeding is resumed from the point at which the proceeding was when it was suspended.
(2) The parties may agree on a procedure for replacement of arbitrators different from the procedure specified in subsection (1) of this section.

Chapter 73 COMPETENCE OF ARBITRAL TRIBUNAL

§ 730. Right of arbitral tribunal to determine its competence

(1) An arbitral tribunal has the right to determine its competence and in connection therewith, also resolve the matter of existence of an arbitral agreement and of the validity of such agreement. In doing so, the arbitral tribunal views the arbitral agreement as an independent agreement not connected to other terms and conditions of the contract.
(2) An objection relating to the competence of an arbitral tribunal shall be submitted not later than in the response to the action. A party may file an objection regardless of whether the arbitrator was appointed by such party.
(3) An objection related to the exceeding of limits of competence by an arbitral tribunal shall be submitted not later than at the time of commencement of the arbitration proceeding concerning which the allegation of exceeding the limits of competence is made.
(4) In the case provided in subsection (2) or (3) of this section, an arbitral tribunal may permit submission of objections at a later time, if a party failed to submit an objection on time with good reason.
(5) If an arbitral tribunal considers itself to have appropriate competence in the matter, the tribunal makes a separate decision concerning an objection submitted pursuant to subsection (2) or (3) of this section.
(6) A party may file a petition with the court specified in subsection 755 (4) of this Code for amendment of the decision of an arbitral tribunal specified in subsection (5) of this section within 30 days after communication of the decision in written form. Filing of a petition does not suspend the arbitration proceeding but the arbitral tribunal may decide to suspend the arbitration
proceeding for the time such petition is adjudicated. [RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(7) If an arbitral tribunal has declared itself to be incompetent, ordinary jurisdiction is restored, unless the parties have agreed otherwise.
(8) The provisions of this section do not apply if the court has accepted an action for establishment of the validity of an arbitral agreement or the right of an arbitral tribunal to conduct proceedings in a matter. The court shall not accept such action if an arbitral tribunal has
already been formed in the matter and the tribunal has not yet declared itself to be incompetent in the matter.

§ 731. Securing of action in arbitral tribunal

(1) An arbitral tribunal may secure an action based on a petition of a party unless the parties have agreed otherwise. The measures for securing actions which restrict personal freedoms shall not be applied. In connection with securing an action, an arbitral tribunal may demand that both parties provide a reasonable security.
(2) The decision on securing an action made based on subsection (1) of this section is enforced based on a court ruling. The court makes the ruling based on a request of a party and allows the enforcement thereof only if application of the same measure for securing the action has not already been requested from the court. The court may rephrase a ruling on securing an action if this is necessary for application of the measure for securing the action. A security shall be provided for a petition for securing an action submitted to the court in the same manner as in the case of securing an action filed with the court.
[RT I 2008, 59, 330 - entry into force 01.01.2009]
(3) The court may annul the securing of an action based on a petition or amend it on the same grounds and pursuant to the same procedure as in the case of securing an action in court proceedings.
(4) Until the formation of an arbitral tribunal which is to resolve the dispute, a competent body of a permanent arbitral tribunal may forward a party's petition for securing an action to the court. The petition is adjudicated pursuant to the procedure provided by law for adjudication of petitions on securing actions.
(5) If it becomes evident that securing an action in the arbitration proceeding was not justified, the party which requested the securing of the action shall compensate the opposing party for the damage created to such party as a result of securing the action or providing a security in order to prevent the application of the measures for securing the action.

Chapter 74 ARBITRATION PROCEDURE

§ 732. General principles of procedure

(1) The parties shall be treated as equal in arbitration proceedings. Both parties shall be granted an opportunity to present their positions.
(2) To the extent not provided for in subsection (1) of this section, the parties have the right to agree on the procedure for the proceeding or refer to the rules and regulations of an arbitral tribunal. The parties shall not deviate from the mandatory provisions of this Part.
(3) If the parties have not agreed on the procedure for the proceeding and such procedure is not provided by this Part either, the procedure for the proceeding is determined by the arbitral tribunal. An arbitral tribunal has the right to decide on the admissibility of evidence, to examine evidence and to be free in its evaluation of the outcome of giving evidence.

§ 733. Place of conduct of arbitration proceeding

(1) The parties may agree on the place of conduct of arbitration proceeding. In case there is no agreement, the arbitral tribunal determines such place and in doing so, endeavours to select a location suitable to both parties.
(2) Regardless of the provisions of subsection (1) of this section, an arbitral tribunal may meet at a place which the tribunal considers suitable in order to hear witnesses, experts or parties, to conduct discussions between the members of the tribunal or to examine things or documents, unless otherwise agreed by the parties.
(3) With the consent of the parties, an arbitral tribunal has the right to permit one of its members to hear witnesses or experts.

§ 734. Language of proceeding

(1) The parties may agree on the language of arbitration proceeding. If there is no agreement, the language of the proceeding is determined by the arbitral tribunal.
(2) Unless otherwise prescribed by the agreement of the parties or a ruling of an arbitral tribunal, the petitions of the parties, the decision of the arbitral tribunal and other notices of the arbitral tribunal shall be prepared and the sessions of the arbitral tribunal shall be held in the language agreed upon or prescribed.
(3) An arbitral tribunal may demand the submission of written certificates together with a translation thereof into the language agreed upon between the parties or prescribed by the arbitral tribunal.

§ 735. Commencement of arbitration proceeding

Unless otherwise agreed by the parties, an arbitration proceeding commences and the action is deemed to have been filed on the date on which the defendant receives the statement of claim for resolution of a dispute by arbitration.

§ 736. Action and response to action

(1) A statement of claim sets out:
1) the name of arbitral tribunal or name of arbitrator;
2) the data of the plaintiff and defendant;
3) the claim of the plaintiff;
4) the circumstances on which the claim is based and evidence in proof of such circumstances which the plaintiff is submitting or intends to submit;
5) a list of annexed documents.
(2) The defendant must present a position concerning the action within the term agreed upon by the parties or prescribed by the arbitral tribunal.
(3) A party may amend or supplement its action in the course of the arbitration proceeding unless the parties have agreed otherwise. An arbitral tribunal does not permit amendment or supplementation of an action if this would cause an unreasonable delay in the proceeding.
(4) The provisions of subsections (1)–(3) of this section also apply to counterclaims.

§ 737. Session of arbitral tribunal and written proceedings

(1) An arbitral tribunal organises a proceeding in oral or written form unless the parties have agreed otherwise. If the holding of a session is not precluded by the parties, the arbitral tribunal holds a session at a suitable time in the course of the proceeding based on the petition of one of the parties.
(2) The parties are immediately notified of a session of the arbitral tribunal and any other meeting of the arbitral tribunal organised for the examination of evidence.
(3) If a party submits a document, the arbitral tribunal immediately informs the other party of such document and sends a transcript of the document to the party. Both parties shall be informed and sent transcripts of expert opinions and other written documents which the arbitral tribunal may consider upon making the decision.

§ 738. Consequences of failure to perform acts

(1) If the defendant fails to respond to the action by the prescribed due date, the arbitral tribunal continues its proceedings. The defendant's failure to respond is not deemed to be admittance of the claim.
(2) If a party fails to appear at a session or fails to submit documentary evidence by the prescribed due date, the arbitral tribunal may continue the proceeding and make a decision based on the facts already established.
(3) If the arbitral tribunal considers the failure to perform an act specified in subsections (1) or (2) of this section to be sufficiently justified, the tribunal disregards the failure to perform such act. Regarding other acts, the parties may agree on different consequences of failure to perform the acts.

§ 739. Expert appointed by arbitral tribunal

(1) An arbitral tribunal may appoint one or several experts to provide an expert opinion on questions prepared by the arbitral tribunal unless the parties agree otherwise. An arbitral tribunal may demand that a party provide an expert with relevant information and with the things or documents necessary for the expert assessment.
(2) Unless the parties agree otherwise, an expert who has provided an expert opinion must participate in a session if a party submits a request to such effect or the arbitral tribunal so demands. A party has the right to question an expert in a session and to invite the party's own expert to present an opinion on the disputed matter.
(3) An expert appointed by an arbitral tribunal may be removed and a corresponding petition for removal may be submitted to the arbitral tribunal pursuant to the same procedure which regulates the removal of arbitrators.

§ 740. Assistance of court in attestation acts and other court activities

(1) If an arbitral tribunal is not competent to perform an attestation act or to conduct another court activity, the arbitral tribunal or a party, with the consent of the tribunal, may request the assistance of a court.
(2) In adjudicating the petition specified in subsection (1) of this section, the court adheres to the procedural provisions regulating attestation and other court activities. Arbitrators have the right
to participate in an attestation proceeding conducted by a court and to pose questions.
(3) The court prepares minutes of a procedural act and immediately sends a transcript of the minutes to the arbitral tribunal and the parties.
(4) The arbitral tribunal may suspend arbitration proceedings until a court activity has been conducted.

§ 741. Confidentiality requirement

Unless the parties have agreed otherwise, an arbitrator is required to maintain the confidentiality of information which became known to him or her in the course of performance of his or her duties and which the parties have a legitimate interest in keeping confidential.

Chapter 75 DECISION OF ARBITRAL TRIBUNAL AND TERMINATION OF PROCEEDING

§ 742. Applicable law

(1) In resolving a dispute, an arbitral tribunal applies the legislation, the application of which has been agreed upon by the parties. In making a reference to the law of a state, an agreement is not presumed to include the conflict of laws rule of such state unless the parties have expressly
agreed otherwise.
(2) An arbitral tribunal applies Estonian law if the parties have not agreed on applicable law and applicable law does not arise from an Act.
(3) An arbitral tribunal may resolve a dispute based on the principle of justice if the parties have expressly agreed on it. Such agreement can be made until the time the arbitral court makes its decision. In resolving a dispute based on the principle of justice, an arbitral tribunal shall not deviate from the imperative provisions of the law of the state which would be applied in case the dispute would be resolved without the agreement on application of the principle of justice.
(4) In resolving a dispute in the case provided in subsections (1) or (2) of this section, an arbitral tribunal takes account of the terms and conditions of the contract and of customary practices regarding contracts in so far as this is possible under the legislation which is applied.

§ 743. Making of decision by arbitral tribunal

(1) If several arbitrators participate in a proceeding, an arbitral tribunal has made its decision if the majority of the arbitrators vote in favour of it, unless the parties have agreed otherwise.
(2) If one of the arbitrators refuses to participate in making a decision, the rest of the arbitrators may make the decision without him or her, unless the parties have agreed otherwise. The parties shall be informed beforehand of the intention to make the decision without the arbitrator who refused to participate.
(3) As regards individual procedural issues, decisions may be made or orders may be given by the presiding arbitrator if he or she holds an authorisation to such effect given by the parties or the other members of the arbitral tribunal.

§ 744. Compromise

(1) The arbitral tribunal terminates a proceeding if the parties reach a compromise. The arbitral tribunal prepares the compromise based on a petition of the parties in the wording agreed upon by the parties in the form of a decision of the arbitral tribunal unless the content of the compromise is contrary to public order or good morals. The decision is also signed by the parties.
(2) The decision of an arbitral tribunal prepared in the wording agreed upon is issued to the parties, and the decision sets out the fact that it is a decision of an arbitral tribunal. Such decision of an arbitral tribunal has the same legal force as an ordinary decision of an arbitral tribunal.
(3) If, a declaration of intention of a party needs to be notarised in order to make it valid, then in the case of a decision of an arbitral tribunal prepared in an agreed wording, the notarial certification is deemed to be substituted if the decision was made by a permanent arbitral tribunal operating in Estonia.

§ 745. Format and content of decision of arbitral tribunal

(1) An arbitral tribunal determines the time for making a decision and notifies the parties thereof.
(2) An arbitral tribunal prepares a decision in writing and an arbitrator signs the decision. In the case a decision is made by several arbitrators, it is sufficient that the majority of them sign if the reason for missing signatures is indicated.
(3) The dissenting opinion of an arbitrator who maintained a minority position in voting is set forth after the signatures if the arbitrator so requests, and it is signed by the arbitrator who maintained the minority position.
(4) Unless the parties agree otherwise or the decision is based on a compromise, the reasons for a decision of an arbitral tribunal shall be provided.
(5) A decision of an arbitral tribunal shall set out the date of making the decision and the place of the arbitration proceeding.
(6) An arbitral tribunal serves a transcript of a decision on the parties on the working day following the day on which the decision is made.

§ 746. Entry into force and effect of decision of arbitral tribunal

(1) A decision of an arbitral tribunal enters into force on the date on which the decision is made. (2) A decision of an arbitral tribunal has the same effect on the parties as a court judgment
which has entered into force.

§ 747. Termination of arbitration proceeding

(1) An arbitration proceeding ends after the arbitral tribunal makes a decision on the merits of the matter or the decision specified in subsection (2) of this section.
(2) An arbitral tribunal terminates a proceeding by a decision if:
1) the plaintiff withdraws the action, except in the case the defendant contests the withdrawal and the arbitral tribunal recognises the defendant's legal interest in the final resolution of the
dispute;
2) the parties agree on the termination of the proceeding;
3) the parties fail to participate in the proceeding;
4) the arbitral tribunal finds that continuation of the proceeding is impossible due the termination of the arbitral agreement, equal division of the arbitrators' votes or for another reason.
(3) Upon termination of an arbitration proceeding, the competence of the arbitrators also ends. This does not preclude or restrict the right and obligation of an arbitrator to continue the performance of the duties assigned to him or her by law.
(4) In the cases specified in clauses (2) 1)–3) of this section, an arbitration proceeding which has been terminated cannot be reopened.

§ 748. Arbitration proceeding in case of death of party

(1) An arbitral agreement or an arbitration proceeding does not end in the case of the death of a party, unless the parties have agreed otherwise.
(2) In the case of the death of a party, an arbitral tribunal suspends the proceeding for a term determined by the tribunal. The term may be extended based on a petition of the legal successor of the deceased party.
(3) A proceeding which has been suspended is continued at the point it was suspended unless the parties have agreed otherwise.

§ 749. Decision on costs of arbitral tribunal

(1) The decision of an arbitral tribunal provides for the division, between the parties, of the costs of the arbitration proceeding and of the necessary costs incurred by the parties as a result of the arbitration proceeding, unless otherwise agreed by the parties.
(2) If the size of the costs has not been determined or cannot be determined before the end of the arbitration proceeding, the costs are provided for in a separate decision of the arbitral tribunal.

§ 750. Correction, supplementation and clarification of decision of arbitral tribunal

(1) Based on the request of a party, an arbitral tribunal may:
1) correct calculation and typing errors and other such mistakes in a decision of the arbitral tribunal;
2) clarify a decision to the extent requested;
3) make a supplementary decision concerning a claim which was submitted in the course of the arbitration proceeding but was not resolved by the decision.
(2) The request specified in subsection (1) of this section may be submitted within 30 days after service of the decision unless the parties have agreed on a different term.
(3) An arbitral tribunal also sends a request for supplementation or clarification of the decision to the other party for information.
(4) An arbitral tribunal makes an initial decision on the correction or clarification of a decision within 30 days after the receipt of the request, and in the case supplementation was requested, within 60 days after the receipt of the request.
(5) An arbitral tribunal may also correct a decision without a request of a party.
(6) The provisions concerning the format and content of decisions of arbitral tribunals apply to the correction, supplementation and clarification of a decision of an arbitral tribunal.

Chapter 76 ANNULMENT OF DECISION

§ 751. Annulment of decision of arbitral tribunal

(1) Based on the petition of a party, the court annuls a decision of an arbitral tribunal made in
Estonia if the party proves that:
1) the active legal capacity of a person who entered in the arbitral agreement was restricted;
2) the arbitral agreement is null and void pursuant to the law of Estonia or another state, based on whose law the parties agreed to evaluate the validity of the arbitral agreement;
3) a party was not notified of the appointment of an arbitrator or of the arbitration proceeding in conformity with the requirements, or a party was unable to present or protect the positions thereof due to another reason;
4) the decision of the arbitral tribunal concerns a dispute which was not specified in the arbitral agreement or which exceeds the limits determined by the arbitral agreement;
5) the formation of the arbitral tribunal or the arbitration proceeding did not conform to the provisions of this Part or to the permitted agreement of the parties, and such fact can be presumed to have significantly influenced the decision of the arbitral tribunal.
(2) The court annuls a decision of an arbitral tribunal based on the request of a party or at the initiative of the court if the court establishes that:
1) pursuant to Estonian law, the dispute should not have been resolved by an arbitral tribunal;
2) the decision of the arbitral tribunal is contrary to Estonian public order or good morals.
(3) If annulment of a decision of an arbitral tribunal whereby several claims were resolved is requested based on clause (1) 4) of this section and the arbitral tribunal was competent to decide on a part of those claims, the court annuls the decision in the part of the claims on which the arbitral tribunal was not competent to decide.
(4) The court may annul a decision of an arbitral tribunal based on a petition of a party and refer the matter back to the arbitral tribunal if this is reasonable.
(5) Annulment of a decision of an arbitral tribunal is not presumed to result in the nullity of the arbitral agreement.

§ 752. Submission of petition for annulment

(1) A petition for annulment of a decision of an arbitral tribunal may be submitted to the court within 30 days after the date of service of the decision of the arbitral tribunal. If a petition for correction, supplementation or clarification of the decision of the arbitral tribunal is submitted after the decision has been served, such term is extended for 30 days as of the date of service of the decision pertaining to the petition.
(2) A petition for annulment cannot be filed if the court has recognised the decision or declared the decision to be subject to enforcement.

Chapter 77 PREREQUISITES FOR RECOGNITION AND ENFORCEMENT OF DECISIONS OF ARBITRAL TRIBUNAL

§ 753. Recognition and enforcement of decision of arbitral tribunal made in Estonia

(1) A decision of an arbitral tribunal is recognised in Estonia and enforcement proceedings based on the decision of the arbitral tribunal are carried out only if the court has recognised the decision and declared the decision to be subject to enforcement. A decision made in a proceeding of a permanent arbitral tribunal operating in Estonia is subject to recognition and enforcement without separate recognition and declaration of enforceability by the court.
(2) The court refuses to satisfy a petition for declaring a decision of an arbitral tribunal to be subject to enforcement and annuls the decision if a cause for annulment of the decision of the arbitral tribunal exists.
(3) The court disregards a cause for annulment of a decision of an arbitral tribunal which only allows annulment of the decision based on a petition of a party if no petition for annulment of the decision of the arbitral tribunal has been submitted within the term prescribed by law.

§ 754. Enforcement of decision of arbitral tribunal made in foreign state

(1) The decisions of arbitral tribunals of foreign states are recognised and accepted for enforcement in Estonia only pursuant to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 and other international agreements.
(2) The provisions regulating the recognition of court decisions of foreign states
correspondingly apply to the recognition and enforcement of the decisions of arbitral tribunals of foreign states, unless otherwise provided by law or an international agreement.
(3) If a decision of an arbitral tribunal of a foreign state which has been declared to be subject to enforcement is annulled in the foreign state, the debtor may submit a petition for annulment of the declaration of enforceability of the decision.

Chapter 78 JUDICIAL PROCEEDING

§ 755. Competence of courts

(1) A petition filed with the court pursuant to this Part is adjudicated by the county court specified in the arbitral agreement or, in the absence of an arbitral agreement, by the county court of the territorial jurisdiction of the place of the arbitration proceeding.
(2) If the place of an arbitration proceeding is not in Estonia, an issue placed within the jurisdiction of the court by law is adjudicated by Harju County Court.
(3) In the case of an attestation proceeding or other court activity, the court competent to assist an arbitral tribunal according to jurisdiction is the county court within whose territorial jurisdiction the activity must be carried out.
(4) A petition for annulment of a decision of an arbitral tribunal is filed with the circuit court specified in the arbitral agreement and, in the absence of an agreement, to the circuit court of the territorial jurisdiction of the place of the arbitration proceeding. A decision of an arbitral tribunal may also be annulled at the initiative of the county court adjudicating a petition for declaration of the decision of the arbitral tribunal to be subject to enforcement.

§ 756. Procedural principles

(1) The court adjudicates a petition by a ruling made in a proceeding on petition. Before making a decision, the opposing party shall be heard if this is reasonable.
(2) The court schedules a court session if annulment of a decision of an arbitral tribunal is requested, or if a fact based on which the court may annul the decision of the arbitral tribunal at its own initiative must be considered in the case of a petition for the recognition or declaration of enforceability of a decision of an arbitral tribunal.
(3) The court has the right to order without first hearing the opinion of the opposing party that until adjudication of the petition, the decision of the arbitral tribunal is subject to provisional compulsory enforcement or that the measure for securing the action ordered by the arbitral tribunal can be applied. Compulsory enforcement of a the decision of the arbitral tribunal may only consist of application of the measures for securing the action. The defendant has the right to avoid compulsory enforcement by providing a security in the amount in which the petitioner is entitled to request compulsory enforcement of the decision.
(4) A ruling on annulment of a decision of an arbitral tribunal or a ruling on refusal to declare a decision of an arbitral tribunal enforceable is subject to appeal. Other rulings made in conformity with the provisions of this Part, including a ruling made on the basis of subsection 730 (6) of this Code concerning the competence of an arbitral tribunal, are not subject to appeal.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]

§ 757. Specifications of declaration of enforceability of decisions of arbitral tribunal

(1) When filing a petition for declaration of a decision of an arbitral tribunal to be subject to enforcement, the decision of the arbitral tribunal or a certified transcript thereof, and the arbitral agreement must also be submitted.
(2) A ruling whereby the court declares a decision of an arbitral tribunal to be subject to enforcement is subject to immediate enforcement.
(3) The provisions of subsections (1) and (2) of this section also apply to the decisions of arbitral tribunals of foreign states.

Chapter 79 EXTRA-CONTRACTUAL ARBITRAL TRIBUNALS

§ 758. Application of provisions to extra-contractual arbitral tribunals

The provisions of this Part also apply to arbitral tribunals which are formed in a manner permitted by law based on a will or succession contract or in another manner not based on an agreement between the parties.

Part 15 ENTRY INTO FORCE OF CODE

§ 759. Entry into force of Code

This Code enters into force at the time prescribed by the Code of Civil Procedure and Code of
Enforcement Procedure Implementation Act.

Tsiviilkohtumenetluse seadustik (konsolideeritud tekst 01.04.2014)

Tsiviilkohtumenetluse seadustik1

Vastu võetud 20.04.2005
RT I 2005, 26, 197 jõustumine 01.01.2006

Muudetud järgmiste aktidega (peida)

Vastuvõtmine	Avaldamine	Jõustumine
15.06.2005	RT I 2005, 39, 308	01.01.2006
terviktekst RT paberkandjal	RT I 2005, 49, 395
15.12.2005	RT I 2005, 71, 549	01.01.2006
26.01.2006	RT I 2006, 7, 42	04.02.2006
14.06.2006	RT I 2006, 31, 235	01.09.2006
11.10.2006	RT I 2006, 48, 360	18.11.2006
15.11.2006	RT I 2006, 55, 405	01.01.2007
23.11.2006	RT I 2006, 55, 412	01.01.2007
06.12.2006	RT I 2006, 61, 457	01.01.2007
24.01.2007	RT I 2007, 12, 66	25.02.2007
25.01.2007	RT I 2007, 16, 77	01.01.2008
17.01.2008	RT I 2008, 7, 52	01.01.2009
09.04.2008	RT III 2008, 16, 105	09.04.2008
11.06.2008	RT I 2008, 28, 180	15.07.2008
19.06.2008	RT I 2008, 29, 189	01.07.2008
10.12.2008	RT I 2008, 59, 330	01.01.2009
20.05.2009	RT I 2009, 30, 177	01.07.2010
21.05.2009	RT I 2009, 30, 178	01.10.2009
18.11.2009	RT I 2009, 59, 385	01.01.2010
18.11.2009	RT I 2009, 60, 395	01.07.2010
15.12.2009	RT III 2009, 60, 440	15.12.2009
16.12.2009	RT I 2009, 67, 460	01.01.2010
09.12.2009	RT I 2009, 68, 463	10.01.2010
20.01.2010	RT I 2010, 8, 35	01.03.2010
22.04.2010	RT I 2010, 19, 101	01.06.2010
22.04.2010	RT I 2010, 20, 103	01.07.2010
22.04.2010	RT I 2010, 22, 108	01.01.2011 jõustub päeval, mis on kindlaks määratud Euroopa Liidu Nõukogu otsuses Eesti Vabariigi suhtes kehtestatud erandi kehtetuks tunnistamise kohta Euroopa Liidu toimimise lepingu artikli 140 lõikes 2 sätestatud

Vastuvõtmine Avaldamine Jõustumine

alusel, Euroopa Liidu Nõukogu 13.07.2010. a otsus
Nr 2010/416/EL (ELT L 196, 28.07.2010, lk 24–26).
12.05.2010 RT I 2010, 26, 128 14.06.2010
17.06.2010 RT I 2010, 38, 231 01.07.2010
17.11.2010 RT I, 06.12.2010, 1 05.04.2011
25.11.2010 RT I, 21.12.2010, 1 31.12.2010
16.12.2010 RT I, 30.12.2010, 2 01.01.2011
27.01.2011 RT I, 23.02.2011, 1 01.09.2011
17.02.2011 RT I, 14.03.2011, 2 18.06.2011
12.04.2011 RT I, 21.04.2011, 16 12.04.2011 Riigikohtu üldkogu otsus tunnistab põhiseadusega vastuolus olevaks ja kehtetuks tsiviilkohtumenetluse seadustiku § 183 lg 1 esimese lause osas, milles see välistab tsiviilkohtumenetluses menetlusabi andmise selles sättes märgitud kriteeriumitele mittevastavale Eesti eraõiguslikule juriidilisele isikule apellatsioonkaebuselt riigilõivu tasumisest täielikult või osaliselt vabastamiseks.
14.04.2011 RT I, 21.04.2011, 17 14.04.2011 Riigikohtu üldkogu otsus tunnistab tsiviilkohtumenetluse seadustiku § 182 lõike 2 punkti 3 põhiseadusega vastuolus olevaks ja kehtetuks osas, milles see välistab apellatsioonkaebuselt riigilõivu tasumisest täielikult või osaliselt vabastamiseks menetlusabi andmise füüsilisele isikule, kui menetlus on seotud menetlusabi taotleja majandus- või kutsetegevusega ega puuduta tema majandus- või kutsetegevusega mitteseotud õigusi.
01.11.2011 RT I, 10.11.2011, 5 01.11.2011 Riigikohtu põhiseaduslikkuse järelevalve kolleegiumi otsus tunnistab tsiviilkohtumenetluse seadustiku § 182 lõike 2 punkti 3 põhiseadusega vastuolus olevaks ja kehtetuks osas, milles see välistab kohtusse pöördumisel riigilõivu tasumisest täielikult või osaliselt vabastamiseks menetlusabi andmise füüsilisele isikule, kui menetlus on seotud menetlusabi taotleja majandus- või kutsetegevusega ega puuduta tema majandus- või kutsetegevusega mitteseotud õigusi.
07.12.2011 RT I, 28.12.2011, 1 01.01.2012
06.06.2012 RT I, 29.06.2012, 3 01.01.2013, osaliselt 01.07.2012
14.06.2012 RT I, 04.07.2012, 1 01.08.2012
14.11.2012 RT I, 06.12.2012, 1 01.01.2013
05.12.2012 RT I, 21.12.2012, 1 01.03.2013, osaliselt 01.01.2013
13.03.2013 RT I, 22.03.2013, 9 01.04.2013, osaliselt 01.01.2014
20.03.2013 RT I, 05.04.2013, 1 15.04.2013

Vastuvõtmine Avaldamine Jõustumine

26.09.2013 RT I, 09.10.2013, 1 28.10.2013
11.12.2013 RT I, 23.12.2013, 1 01.01.2014, osaliselt 01.01.2020
21.01.2014 RT I, 31.01.2014, 6 01.02.2014, osaliselt 01.04.2014 ja 01.07.2014
04.02.2014 RT I, 06.02.2014, 13 04.02.2014 - Riigikohtu üldkogu otsus tunnistab kohtute seaduse § 125¹ lõike 2 ja tsiviilkohtumenetluse seadustiku
§ 174 lõike 8 osas, mille kohaselt võib tsiviilkohtumenetluses menetluskulud kindlaks määrata kohtujurist, põhiseadusega vastuolus olevaks ja kehtetuks.
19.02.2014 RT I, 13.03.2014, 3 01.01.2018, osaliselt 23.03.2014 ja 01.01.2016

1. osa ÜLDSÄTTED

1. peatükk MENETLUSE ÜLDPÕHIMÕTTED

§ 1. Õigusemõistmine tsiviilasjades

Tsiviilkohtumenetluses vaadatakse läbi tsiviilasi, kui seaduses ei ole sätestatud teisiti. Tsiviilasi on eraõigussuhtest tulenev kohtuasi.

§ 2. Tsiviilkohtumenetluse ülesanne

Tsiviilkohtumenetluse ülesanne on tagada, et kohus lahendaks tsiviilasja õigesti, mõistliku aja jooksul ja võimalikult väikeste kuludega.

§ 3. Õigus pöörduda kohtusse

(1) Kohus menetleb tsiviilasja, kui isik pöördub seaduses sätestatud korras kohtusse oma eeldatava ja seadusega kaitstud õiguse või huvi kaitseks.
(2) Seaduses ettenähtud juhul menetleb kohus tsiviilasja ka siis, kui isik pöördub kohtusse teise isiku või avalikkuse eeldatava seadusega kaitstud õiguse või huvi kaitseks.
(3) Seaduses ettenähtud juhul peab isik olema enne kohtusse pöördumist läbinud kohtueelse menetluse.

§ 4. Menetlusõiguste käsutamine

(1) Kohus menetleb tsiviilasja üksnes juhul, kui seaduses sätestatud korras on esitatud hagi või muu avaldus. Seaduses sätestatud juhul menetleb kohus tsiviilasja omal algatusel.
(2) Hagimenetluses määravad pooled vaidluse eseme ja menetluse käigu ning otsustavad taotluste ja kaebuste esitamise.
(3) Pooled võivad lõpetada hagimenetluse kohtuliku kompromissi sõlmimisega. Hageja võib esitatud nõudest loobuda ja kostjal on õigus tema vastu esitatud nõuet tunnustada (hagi õigeks võtta).
(4) Kohus peab kogu menetluse ajal tegema kõik endast sõltuva, et asi või selle osa lahendataks kompromissiga või muul viisil poolte kokkuleppel, kui see on kohtu hinnangul mõistlik. Kohus võib selleks muu hulgas esitada pooltele kompromissilepingu projekti või kutsuda pooled isiklikult kohtusse, samuti teha neile ettepaneku vaidluse kohtuväliseks lahendamiseks või lepitaja poole pöördumiseks. Kui kohtu hinnangul on see kohtuasja asjaolusid ning senist menetluskäiku arvestades asja lahendamise huvides vajalik, võib ta kohustada pooli osalema lepitusseaduses sätestatud lepitusmenetluses.
[RT I 2009, 59, 385 - jõust. 01.01.2010]

§ 5. Menetluse toimumine poolte esitatu alusel

(1) Hagi menetletakse poolte esitatud asjaolude ja taotluste alusel, lähtudes nõudest.
(2) Pooltel on võrdne õigus ja võimalus oma nõuet põhjendada ja vastaspoole esitatu ümber lükata või sellele vastu vaielda. Pool määrab ise, mis asjaolud ta oma nõude põhjendamiseks esitab ja milliste tõenditega neid asjaolusid tõendab.
(3) Hagita asjas selgitab kohus ise asjaolud ja kogub selleks vajalikud tõendid, kui seaduses ei ole ette nähtud teisiti. Hagiasjas selgitab kohus ise asjaolusid ja kogub tõendeid üksnes seaduses ettenähtud juhul.

§ 6. Menetluse aja seadus

Tsiviilasja menetlustoiming tehakse toimingu tegemise ajal kehtiva seaduse järgi.

§ 7. Õigusemõistmine võrdõiguslikkuse alusel

Õigusemõistmisel tsiviilasjades on pooled ja muud isikud seaduse ja kohtu ees võrdsed.

§ 8. Asja menetlemisele kohaldatav seadus

(1) Kohus lähtub asja menetlemisel Eesti tsiviilmenetlusseadusest.
(2) Menetlussuhet reguleeriva seadusesätte puudumise korral kohaldab kohus sätet, mis reguleerib vaieldavale suhtele lähedast suhet.
(3) Kui vaieldavale suhtele lähedast suhet reguleeriv seadusesäte samuti puudub, lähtub kohus õiguse üldisest mõttest. Isiku põhiõigusi ja -vabadusi võib seejuures piirata üksnes juhul, kui see võimalus on ette nähtud seaduses.

2. peatükk TSIVIILASJU LAHENDAVAD KOHTUD

§ 9. Pädevad kohtud

(1) Tsiviilasju lahendavad maakohtud, ringkonnakohtud ja Riigikohus.
(2) Tsiviilasja võib poolte kokkuleppel anda lahendada vahekohtule, kui seadusest ei tulene teisiti.
(3) Tsiviilasja ei vaata kõrgema astme kohus läbi enne, kui selle on läbi vaadanud temast vahetult madalama astme kohus, kui seaduses ei ole sätestatud teisiti.

§ 10. Kohtu pädevuse piirang eksterritoriaalsete isikute suhtes

Eesti Vabariigi kohtute pädevus ei laiene:
1) Eesti Vabariigis asutatud diplomaatilise esinduse liikmele, tema perekonnaliikmele ja koduteenijale diplomaatiliste suhete Viini konventsioonis (RT II 2006, 16) ettenähtud ulatuses; [RT I 2008, 59, 330 - jõust. 01.01.2009]
2) Eesti Vabariigis asutatud konsulaarasutuse liikmele konsulaarsuhete Viini konventsioonis
(RT II 2006, 16) ettenähtud ulatuses; [RT I 2008, 59, 330 - jõust. 01.01.2009]
3) käesoleva paragrahvi punktides 1 ja 2 nimetamata isikule, kui see tuleneb välislepingust, rahvusvahelise õiguse üldtunnustatud põhimõttest või seadusest.

§ 11. Maakohtu pädevus

(1) Maakohtud vaatavad esimese astme kohtuna läbi kõiki tsiviilasju.
(2) Seadusega võib sätestada, et teatud liiki asju vaatab läbi üksnes mõni maakohus, kui see asja läbivaatamist kiirendab või muul viisil tõhustab.

§ 12. Ringkonnakohtu pädevus

Ringkonnakohus vaatab läbi tema tööpiirkonnas asuvate maakohtute lahendeid tsiviilasjades nende lahendite peale esitatud apellatsioon- ja määruskaebuste alusel. Ringkonnakohus lahendab ka muid seadusega tema pädevusse antud asju.

§ 13. Riigikohtu pädevus

Riigikohus vaatab läbi ringkonnakohtute lahendeid tsiviilasjades nende lahendite peale esitatud kassatsioon- ja määruskaebuste alusel. Riigikohus lahendab ka jõustunud kohtulahendite peale esitatud teistmisavaldusi, määrab seaduses sätestatud juhul asja lahendamiseks pädeva kohtu ja lahendab muid seadusega tema pädevusse antud asju.

§ 14. Menetlustoimingu kehtivus

(1) Kohus võib teha menetlustoiminguid, muu hulgas pidada kohtuistungeid, ka väljaspool oma tööpiirkonda.
(2) Menetlustoimingu kehtivust ei mõjuta asjaolu, et toimingu oleks tööjaotusplaani kohaselt pidanud tegema teine kohtunik või kohtukoosseis.
(3) Kollegiaalse kohtukoosseisu menetlustoimingu võib seaduses ettenähtud juhul teha ka korralduse alusel tegutsev kohtunik. Korralduse alusel tegutsev kohtunik on mõni selle kohtukoosseisu liige, kellel on menetlustoimingu tegemise õigus. Kohtukoosseis võib korralduse alusel tegutseva kohtuniku tehtud määrust muuta.

§ 15. Kohtutevaheline abi menetlustoimingu tegemiseks

(1) Kohtud osutavad tsiviilasjade lahendamisel üksteisele abi menetlustoimingute tegemiseks. Kohus pöördub abi saamiseks teise kohtu poole eelkõige juhul, kui menetlustoimingu tegemine teises kohtus lihtsustab asja menetlemist, hoiab kokku menetlusosaliste ja kohtu aega või vähendab menetluskulusid.
(2) Menetlustoimingu tegemiseks abi taotlev kohus pöördub taotlusega kohtusse, kelle tööpiirkonnas tuleb toiming teha.
(3) Abitaotluse saanud kohus (erinõude alusel tegutsev kohus) ei või abist keelduda, välja arvatud juhul, kui toimingu tegemine oleks seadusvastane. Kui taotlus on esitatud kohtualluvuselt ebaõigele kohtule, saadab see taotluse õigele kohtule.
(4) Taotluse esitanud kohus ei kata menetlustoimingu kulusid. Menetlustoimingu teinud kohus esitab andmed kulude kohta taotluse esitanud kohtule ja need loetakse menetletava asja kuludeks.
(5) Välisriigi kohtu taotlusel osutab Eesti kohus abi menetlustoimingu tegemiseks, kui taotletav menetlustoiming kuulub Eesti seaduse kohaselt Eesti kohtu pädevusse ega ole seadusega keelatud ja kui teisiti ei tulene seadusest ega välislepingust. Menetlustoimingu võib teha ja dokumendi võib väljastada ka välisriigi õiguse kohaselt, kui see on vajalik menetluseks välisriigis ja sellega ei kahjustata menetlusosaliste huve.
(6) Euroopa Liidu liikmesriigi kohtu taotlusel Eestis abi osutamisele tõendite kogumiseks ja Eesti kohtu taotlusel mõnes muus Euroopa Liidu liikmesriigis abi osutamisele tõendite kogumiseks kohaldatakse käesolevas seadustikus sätestatut niivõrd, kuivõrd EL Nõukogu määruses 1206/2001 liikmesriikide kohtute vahelise koostöö kohta tõendite kogumisel tsiviil- ja kaubandusasjades (ELT L 174, 27.06.2001, lk 1–24) sätestatust ei tulene teisiti.
(7) Euroopa Ühenduse asutamislepingu artikli 61 punkti c alusel vastuvõetud määrustega liikmesriigile pandud õigusi ja kohustusi piiriülese õigusalase koostöö reguleerimisel tsiviilasjades täidab Justiitsministeerium.

3. peatükk KOHTUKOOSSEIS

§ 16. Maakohtu koosseis tsiviilasja lahendamisel

(1) Maakohtus lahendab kohtunik tsiviilasja ainuisikuliselt. (2) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 17. Ringkonnakohtu koosseis tsiviilasja lahendamisel

(1) Ringkonnakohus lahendab tsiviilasja kollegiaalselt kolmeliikmelises kohtukoosseisus, kui seaduses ei ole ette nähtud teisiti.
(2) Ringkonnakohtu esimehel on õigus apellatsiooni korras asja arutamisele kaasata kohtukoosseisu sama kohturingkonna maakohtunik tema nõusolekul. Kaasatud kohtunik ei või olla asjas eesistuja ega ettekandja.

§ 18. Riigikohtu koosseis tsiviilasja lahendamisel

(1) Riigikohus lahendab tsiviilasja kollegiaalselt vähemalt kolmeliikmelises kohtukoosseisus, kui seaduses ei ole ette nähtud teisiti.
(2) Kui Riigikohtus asja lahendavas kohtukoosseisus tekivad põhimõttelist laadi eriarvamused seaduse kohaldamisel, antakse asi lahendada Riigikohtu tsiviilkolleegiumi kogu koosseisule. Kohtukoosseis võib anda tsiviilasja tsiviilkolleegiumi kogu koosseisule ka juhul, kui see on kohtukoosseisu arvates vajalik kohtupraktika ühtlustamiseks ja edasiarendamiseks.
(3) Riigikohtu tsiviilkolleegiumi kogu koosseisu istungi kutsub kokku ja seda juhatab tsiviilkolleegiumi esimees, tema puudumisel aga ametialaselt vanim tsiviilkolleegiumi liige, võrdse ametialase vanuse puhul vanim liige.
(4) Riigikohtu tsiviilkolleegiumi kogu koosseisu istung on otsustusvõimeline, kui kohal on üle kahe kolmandiku Riigikohtu tsiviilkolleegiumi liikmetest.

§ 19. Riigikohtu erikogu ja üldkogu

(1) Kui Riigikohtus tsiviilasja lahendav kohtukoosseis peab vajalikuks seaduse tõlgendamisel kõrvale kalduda mõne teise kolleegiumi või Riigikohtu erikogu viimasest seisukohast, antakse asi määrusega lahendada erikogule.
(2) Riigikohtu erikogu moodustab Riigikohtu esimees. (3) Riigikohtu erikogu koosseisu kuuluvad:
1) Riigikohtu esimees eesistujana;
2) kaks riigikohtunikku tsiviilkolleegiumist;
3) kaks riigikohtunikku sellest kolleegiumist, kelle seisukoha seaduse kohaldamise kohta on tsiviilkolleegium vaidlustanud.
(4) Tsiviilasi antakse lahendada Riigikohtu üldkogule, kui:
1) tsiviilkolleegium kogu koosseisus asub oma enamuses seisukohale, mis erineb Riigikohtu üldkogus seni omaks võetud õiguslikust põhimõttest või seisukohast seaduse kohaldamisel;
2) asja lahendamine üldkogus on tsiviilkolleegiumi kogu koosseisu enamuse arvates oluline seaduse ühetaolise kohaldamise seisukohast;
3) asja lahendamine eeldab põhiseaduslikkuse järelevalve kohtumenetluse seaduse alusel läbivaadatava küsimuse lahendamist.
(5) Riigikohtu erikogule ja üldkogule lahendada antud asja kannab üldkogule ette tsiviilkolleegiumi liige kolleegiumi esimehe korraldusel.
(6) Erikogu otsus on seaduse kohaldamisel kohustuslik Riigikohtu kolleegiumidele, kes erikogus osalesid, kuni erikogu või üldkogu ei ole teinud teistsugust otsust. Riigikohtu üldkogu seisukoht on seaduse kohaldamisel kohustuslik Riigikohtu kolleegiumidele ja erikogudele, kui üldkogu ise ei ole seisukohta muutnud.

§ 20. Lahendi tegemisel osaleva kohtukoosseisu liikmed

(1) Kui asja menetluse käigus kohtukoosseis vahetub, arutatakse asja algusest peale. Kui eelmine kohtukoosseis on kogunud ja uurinud tõendeid, ei pea uus koosseis seda kordama, kui pooled seda ei taotle.
(2) Kui menetlus on eeldatavasti pikaajaline, võib asja arutava kohtu esimees menetlusse kaasata varukohtunikuna teise sama kohtu kohtuniku. Varukohtunik viibib asja arutamise juures ja asendab asja menetlevat kohtunikku tema takistatuse korral.
(3) Pärast asjas lahendi tegemist samale kohtule esitatavaid taotlusi, eelkõige lahendis vea parandamise, täiendava lahendi tegemise, lahendi avalikustamise piiramise, lahendi viivitamatu täitmise, avalduse läbi vaatamata jätmise või menetluse lõpetamise taotlust ei pea lahendama lahendi teinud kohtunik.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 21. Nõupidamissaladus

(1) Kohtu loal võib kohtu nõupidamisel ja hääletamisel peale asja otsustavate kohtunike viibida ka samas kohtus oma juriidilise hariduse omandamise raames viibiv või nõustajana töötav isik, samuti kohtunikukandidaat, kes on selle kohtu juures täiendusõppel ja kelle erapooletuses ei ole põhjust kahelda.
(2) Kohtunik ega käesoleva paragrahvi lõikes 1 nimetatud muu isik ei või avaldada nõupidamise ajal toimunud arutlusi. Nõupidamissaladuse hoidmise kohustus on tähtajatu.
[RT I 2005, 39, 308 - jõust. 01.01.2006]

§ 22. Hääletamine kollegiaalses kohtukoosseisus ja kohtuniku eriarvamus

(1) Kollegiaalne kohtukoosseis lahendab tsiviilasja puutuvad lahkarvamused hääletamisega. (2) Kohtukoosseisu liikmel ei ole õigust keelduda hääletamisest ega jääda erapooletuks.
Küsimuste järjestikulisel hääletamisel ei ole varem vähemusse jäänud kohtukoosseisu liikmel
õigust hääletamast keelduda.
(3) Häälte võrdse jagunemise korral on otsustav eesistuja hääl.
(4) Hääletamisel vähemusse jäänud kohtunik võib esitada eriarvamuse. Kohtulahendile lisatud eriarvamus avalikustatakse koos kohtulahendiga.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 221. Kohtunikuabi ja muu kohtuametniku pädevus tsiviilasja lahendamisel

(1) Seaduses sätestatud juhul võib tsiviilasja kohtuniku asemel lahendada ka kohtunikuabi. (2) Kohtunikuabi pädevusele ja tema taandamisele kohaldatakse käesoleva seadustiku § 595
lõigetes 2–4 sätestatut.
(3) Kohtunikuabi või vastavalt kohtu kodukorrale selleks pädev muu kohtuametnik võib teha ka asja lahendamist ettevalmistava või muu korraldava määruse, mille peale ei saa edasi kaevata, muu hulgas avalduse, taotluse või kaebuse käigutajätmise määruse ning määruse tähtaja andmise ja pikendamise kohta.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

4. peatükk MENETLUSES OSALEMIST VÄLISTAVAD ASJAOLUD

§ 23. Kohtuniku taandumise kohustus

Kohtunik ei või tsiviilasja menetleda ja peab ennast taandama:
1) asjas, milles ta on ise menetlusosaline või isik, kelle vastu võib esitada menetlusest tulenevalt nõude;
2) oma abikaasa või elukaaslase asjas, samuti abikaasa või elukaaslase õe, venna või otseliinis sugulase asjas, isegi kui abielu või püsiv kooselu on lõppenud;
3) isiku, kes on tema otseliinis sugulane või muu lähedane käesoleva seadustiku § 257 lõike 1 järgi, asjas;
4) asjas, milles ta on või on olnud menetlusosalise esindaja või nõustaja või milles ta osales või milles tal oli õigus osaleda menetlusosalise seadusliku esindajana;
5) asjas, milles ta on üle kuulatud tunnistajana või arvamuse andnud eksperdina;
6) asjas, milles ta on osalenud kohtueelses menetluses, eelnevas kohtuastmes või vahekohtumenetluses lahendi tegemisel;
7) kui esineb muu asjaolu, mis annab alust kahelda kohtuniku erapooletuses. [RT I 2005, 39, 308 - jõust. 01.01.2006]

§ 24. Kohtuniku taandamine menetlusosalise avalduse alusel

(1) Menetlusosaline võib käesoleva seadustiku §-s 23 ettenähtud juhul nõuda kohtuniku taandamist.
(2) Kohtuniku taandamise avaldus esitatakse kohtule, kelle koosseisu taandatav kohtunik kuulub.
(3) Taandamise alust tuleb avalduses põhistada.

§ 25. Kohtuniku taandamise õiguse kaotamine

(1) Menetlusosaline ei või kohtuniku taandamise avaldust esitada käesoleva seadustiku § 23 punktis 7 ettenähtud juhul, kui ta on osalenud kohtuistungil või pärast kohtuniku nime teadasaamist esitanud kohtule sisulise taotluse, ilma et ta oleks taandamisavaldust esitanud.
(2) Käesoleva paragrahvi lõikes 1 nimetatud juhul võib menetlusosaline esitada taandamisavalduse ka hiljem, kui taandamise alus tekkis pärast menetlustoimingu tegemist või kui menetlusosaline sai sellest teada pärast menetlustoimingu tegemist. Avalduses tuleb neid asjaolusid põhistada.
(3) Samadel asjaoludel esitatud ja kord juba lahendatud taandamisavaldus jäetakse läbi vaatamata.

§ 26. Taandamisavalduse lahendamine

(1) Kui kohtunik või kohtukoosseis, kelle suhtes on taandamisavaldus esitatud, peab avaldust põhjendatuks, teeb ta määruse enda taandamise kohta.
(2) Kui kohtunik ennast ei taanda või ei võta taandamisavalduse suhtes seisukohta, lahendab avalduse määrusega kohtukoosseis, kuhu taandatav kohtunik kuulub. Taandatav kohtunik otsustamises ei osale. Häälte võrdse jagunemise korral loetakse, et taandatav kohtunik on taandatud.
(3) Kui avaldus on esitatud kogu asja lahendava kohtukoosseisu või asja üksi lahendava kohtuniku taandamiseks ja nad ennast ise ei taanda, lahendab taandamise kohtu esimees. Kui taandamisavaldus on esitatud kõigi selle kohtu kohtunike vastu, otsustab taandamise järgmise astme kohtu esimees.
(4) Kui taandamisavaldus esitatakse Riigikohtu asja lahendava kogu kohtukoosseisu vastu, lahendab taandamisavalduse see kohtukoosseis.
(5) Kui kohtunik ennast avalduse alusel ei taanda, peab ta viivitamata teatama taandamise otsustamiseks pädevale kohtule või kohtunikule oma seisukoha taandamise aluse kohta.

§ 27. Taandamine avalduseta

(1) Kui kohtunik leiab ise, et esineb käesoleva seadustiku § 23 punktides 1–6 nimetatud asjaolu, mis on tema taandamise alus, teeb ta määruse enda taandamise kohta.
(2) Kui kohtunik leiab ise, et esineb käesoleva seadustiku § 23 punktis 7 nimetatud taandamise asjaolu, taotleb kohtunik enda taandamist kohtukoosseisult või kohtu esimehelt käesoleva seadustiku § 26 lõigetes 2–5 ettenähtud korras.
(3) Õigusemõistmisest põhjendamatu keeldumine ei ole lubatud.

§ 28. Taandatava kohtuniku toimingud

(1) Pärast kohtuniku vastu taanduse esitamist ja enne selle lahendamist võib kohtunik teha üksnes edasilükkamatuid menetlustoiminguid, millel ei ole asja lahendi suhtes määravat tähtsust.
(2) Kui taandamisavaldus on ilmselt põhjendamatu, võib kohtunik menetlust jätkata, vaatamata taandamisavaldusele, kuid ei või teha kohtuastmes menetlust lõpetavat lahendit enne taandamisavalduse lahendamist. Taandamisavalduse rahuldamise korral on menetluse jätkamisel tehtud menetlustoimingud tühised.

§ 29. Kohtuniku asendamine

(1) Taandatud kohtunik asendatakse esimesel võimalusel.
(2) Kohtuniku või kogu kohtukoosseisu taandamise puhul vaatab asja läbi sama kohtu teine kohtunik või teine kohtukoosseis. Kui asja läbivaatavas kohtus ei ole võimalik kohtunikku asendada, saadetakse asi teisele sama astme kohtule vahetult kõrgema astme kohtu kaudu.

§ 30. Taandamise alusele tuginemine kaebuses

Kõrgema astme kohtule esitatud kaebuses võib taotleda lahendi tühistamist seetõttu, et kohtunik kuulus taandamisele, üksnes juhul, kui taandamisavaldus esitati õigeaegselt alama astme kohtus või kui taandamise alus tekkis või kui taandamise alusest saadi teada pärast asja lahendamist selles kohtus.

§ 31. Eksperdi ja tõlgi taandamine

(1) Ekspert ja tõlk peavad taanduma ja menetlusosaline võib menetluses osaleva eksperdi või tõlgi taandada käesoleva seadustiku §-s 23 nimetatud alusel. Taandamise alus ei ole tema varasem osavõtt asjast eksperdina või tunnistajana.
(2) Taandamisavaldus esitatakse eksperdi määranud või tõlgi kaasanud kohtule enne eksperdi küsitlemist või tõlgi juuresolekut vajava menetlustoimingu algust.
(3) Pärast eksperdi küsitlemise alustamist või tõlgi juuresolekut vajava menetlustoimingu algust või pärast 15 päeva möödumist eksperdi või tõlgi nime teadasaamisest esitatud taandamisavaldus vaadatakse läbi üksnes juhul, kui avaldaja põhistab kohtule, et ta ei ole saanud taandamise
alusest mõjuval põhjusel varem teatada.
(4) Taandamise alust tuleb avalduses põhistada.
(5) Asja läbivaatav kohus lahendab eksperdi või tõlgi taandamise määrusega. Kui taandamisavaldus esitatakse kohtuistungil, kuulab kohus ära taandatava enda ja menetlusosaliste arvamuse.
(6) Kõrgema astme kohtule esitatud kaebuses võib taotleda lahendi tühistamist seetõttu, et ekspert või tõlk kuulus taandamisele, üksnes siis, kui taandamisavaldus esitati õigeaegselt alama astme kohtus või kui taandamise alusest saadi teada pärast asja lahendamist selles kohtus.

5. peatükk KOHTU TÖÖKEEL

§ 32. Kohtu töökeel

(1) Kohtumenetlus ja kohtu asjaajamine toimub eesti keeles.
(2) Kohtuistung ja muud menetlustoimingud protokollitakse eesti keeles. Kohus võib istungil võõrkeeles antud ütlused või seletused märkida protokolli lisaks nende sisu eestikeelsele tõlkele ka nende esitamise keeles, kui see on vajalik ütluse või seletuse sisu täpseks edastamiseks.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 33. Võõrkeelsed dokumendid kohtumenetluses

(1) Kui menetlusosalise kohtule esitatud avaldus, taotlus, kaebus või vastuväide ei ole eestikeelne, nõuab kohus määratud tähtpäevaks esitajalt selle tõlget eesti keelde. Kui menetlusosalise kohtule esitatud dokumentaalne tõend ei ole eestikeelne, nõuab kohus määratud tähtpäevaks esitajalt selle tõlget eesti keelde, välja arvatud juhul, kui tõendi tõlkimine on selle sisu või mahtu arvestades ebamõistlik ja teised menetlusosalised ei vaidle muukeelse tõendi vastuvõtmisele vastu.
(2) Kohus võib nõuda vandetõlgi tehtud või notari kinnitatud tõlget või hoiatada ise tõlki, et teadvalt valesti tõlkimise eest kannab ta vastutust.
[RT I, 23.12.2013, 1 - jõust. 01.01.2014]
(3) Kui tõlget tähtpäevaks ei esitata, võib kohus jätta avalduse, taotluse, kaebuse, vastuväite või dokumentaalse tõendi tähelepanuta.
(4) Kohus korraldab menetlusosalise jaoks kohtulahendi võõrkeelde tõlkimise üksnes menetlusosalise soovil ja tingimusel, et menetlusosalist ei esinda menetluses esindaja ja talle on antud menetlusabi tõlkekulude kandmiseks. Käesoleva seadustiku § 34 lõikes 4 nimetatud isikule korraldab kohus kohtulahendi tõlkimise tema soovil Eesti Vabariigi arvel, sõltumata esindaja
olemasolust ja menetlusabi andmisest. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 34. Tõlgi osalemine menetluses

(1) Kui menetlusosaline ei valda eesti keelt ja tal ei ole menetluses esindajat, kaasab kohus tema taotlusel või omal algatusel menetlusse võimaluse korral tõlgi. Tõlki ei pea kaasama, kui menetlusosalise avaldused on kohtule ja teistele menetlusosalistele arusaadavad.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kui kohtul ei ole võimalik tõlki viivitamata kaasata, teeb ta määruse, millega kohustab tõlki vajavat menetlusosalist leidma endale tõlgi või eesti keelt oskava esindaja kohtu määratud tähtaja jooksul. Kohtu nõudmise täitmata jätmine ei takista kohtul asja lahendamast. Kui kohtu nõudmist ei täida hageja, võib kohus jätta hagi läbi vaatamata.
(3) Tõlki hoiatatakse enne menetluses tõlkimise alustamist, et valetõlke eest kannab ta vastutust, ja tõlk annab selle kohta allkirja.
[RT I, 23.12.2013, 1 - jõust. 01.01.2014]
(4) Tõlk tuleb isikule tagada isiku kinnisesse asutusse paigutamise ja talle eestkostja seadmise menetluses.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Tõlki ei kaasata menetlusse menetlusosalise lepingulise esindaja ega nõustaja jaoks. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 35. Tõlgi kaasamine kurdi, tumma või kurttumma menetlusosalise korral

Kui menetlusosaline on kurt, tumm või kurttumm, vahendatakse talle menetlust kirjalikult või kaasatakse menetlusse tõlk.

§ 36. Eesti keelt mittevaldava isiku vanne ja allkiri

(1) Isik, kes ei valda eesti keelt, annab vande või allkirja tema vastutuse eest hoiatamise kohta keeles, mida ta valdab.
(2) Allkirjastatakse eestikeelne vande või hoiatuse tekst, mis on enne vahetult isikule tõlgitud.

6. peatükk MENETLUSE AVALIKKUS

§ 37. Asja kohtuliku arutamise avalikkus

(1) Asja arutamine kohtus on avalik, kui seaduses ei ole ette nähtud teisiti.
(2) Kohus võib asja avalikul arutamisel viibimise keelata kohtu suhtes lugupidamatust väljendanud isikul, samuti alaealisel tema huvide kaitseks.

§ 38. Menetluse kinniseks kuulutamine

(1) Kohus kuulutab menetluse või osa menetlusest omal algatusel või menetlusosalise taotlusel kinniseks, kui see on ilmselt vajalik:
1) riigi julgeoleku või avaliku korra tagamiseks, eelkõige riigisaladuse või salastatud välisteabe hoidmiseks või asutusesiseseks kasutamiseks tunnistatud teabe kaitseks;
[RT I 2007, 16, 77 - jõust. 01.01.2008]
2) menetlusosalise, tunnistaja või muu isiku elu, tervise või vabaduse kaitseks;
3) menetlusosalise, tunnistaja või muu isiku eraelu kaitseks, kui huvi asja avaliku arutelu vastu ei ole eraelu kaitse huvist suurem;
4) lapsendamissaladuse hoidmiseks;
5) alaealise või vaimse puudega isiku huvides, eelkõige sellise isiku ülekuulamiseks;
6) ärisaladuse või muu sellesarnase saladuse hoidmiseks, kui huvi asja avaliku arutelu vastu ei ole saladuse kaitse huvist suurem;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
7) seaduse alusel isiku eraelu- või ärisaladuse hoidmiseks kohustatud isiku ülekuulamiseks, kui isikul on seaduse järgi õigus saladus menetluses avaldada;
8) posti, telegraafi või telefoni teel või muul üldkasutataval viisil edastatud sõnumi saladuse kaitseks.
(2) Kohus võib kuulutada menetluse või menetluse osa omal algatusel või menetlusosalise taotlusel kinniseks ka käesoleva paragrahvi lõikes 1 sätestamata juhul, kui selleta oleks ilmselt ohustatud objektiivne õigusemõistmine, või kui kinnises menetluses on oluliselt suurem võimalus veenda pooli lõpetama menetlus kompromissiga või neid muul viisil lepitada.
(3) Kohus ei kuuluta käesoleva paragrahvi lõike 1 punktides 2, 3 ja 6–8 loetletud juhtudel menetlust või selle osa kinniseks, kui sellele vaidleb vastu isik, kelle huvide kaitseks tuleks menetlus või selle osa kuulutada kinniseks.

§ 39. Isiku lubamine kinnisele istungile

Kohus võib kinnisele istungile lubada isiku, kellel on istungil viibimiseks õigustatud huvi või kelle istungil viibimine on ilmselt õigusemõistmise huvides. Menetlusosaliste nõusolekut ei ole selleks vaja.

§ 40. Menetluse kinniseks kuulutamise kord

(1) Menetluse või selle osa kinniseks kuulutamist arutatakse kinnisel istungil, kui seda nõuab menetlusosaline või kui seda peab vajalikuks kohus.
(2) Menetluse või selle osa kinniseks kuulutamise määrus tehakse avalikult teatavaks. Määrus võidakse kuulutada kinnisel istungil, kui võib eeldada, et selle avalik kuulutamine võiks istungil oluliselt häirida korda.

§ 41. Menetlusosaliste ja kohtuistungil viibivate isikute saladuse hoidmise kohustus

(1) Kinnisel kohtuistungil hoiatab kohus menetlusosalisi ja teisi istungisaalis viibijaid, et kinnisel kohtuistungil arutatut ja seal käsitletud dokumente ei ole lubatud avaldada ulatuses, milles see on vajalik käesoleva seadustiku §-s 38 nimetatud õiguse või huvi kaitseks.
(2) Kohus võib lisaks käesoleva paragrahvi lõikes 1 sätestatule määrusega kohustada kinnisel istungil viibivat isikut hoidma saladuses talle istungil või asjasse puutuvast dokumendist teatavaks saanud asjaolu, kui see on vajalik käesoleva seadustiku §-s 38 nimetatud õiguse või huvi kaitseks.
(3) Kohus võib menetlusosalisi ja teisi istungisaalis viibijaid määrusega kohustada asja menetlemisel teatavaks saanud asjaolu saladuses hoidma ka juhul, kui menetlus ei ole kinniseks kuulutatud, kuid saladuse hoidmine on ilmselt vajalik käesoleva seadustiku §-s 38 nimetatud õiguse või huvi kaitseks.
(4) Käesoleva paragrahvi lõigetes 2 ja 3 nimetatud kohustuse kohta tehtud määruse peale võib saladuse hoidmiseks kohustatud isik esitada määruskaebuse.

§ 42. Kohtuistungi edastamine ja salvestamine

(1) Avalikul kohtuistungil on lubatud teha märkmeid, kui sellega ei segata kohtuistungit. Kohtuistungit võib pildistada, filmida või helisalvestada ja kohtuistungilt võib teha raadio- või televisiooniülekannet või muud ülekannet üksnes kohtu eelneval loal.
(2) Kinnisel kohtuistungil võib kohus lubada üksnes märkmete tegemist.
(3) Käesoleva paragrahvi lõikes 1 või 2 nimetatut rikkunud isiku võib kohus kohtusaalist eemaldada ja teda trahvida.

7. peatükk TSIVIILKOHTUMENETLUSE TAGAMINE

§ 43. Kohtuistungi kord

(1) Kohus tagab korra kohtuistungil ja korraldab kohtuistungil korra tagamiseks tehtud määruste, sealhulgas kohtuistungil tehtud trahvi- ja arestimääruste täitmise. Menetlusosalised ja teised istungisaalis viibijad peavad tingimusteta täitma kohtu korraldusi.
(2) Käesolevas peatükis sätestatud korra tagamise kohustus ja sellest tulenevad õigused on ka erinõude või korralduse alusel tegutseval kohtunikul ning väljaspool kohtuistungit menetlustoimingut tegeval kohtunikul.

§ 44. Kohtuistungil viibijate hulga piiramine

Kohtul on õigus piirata isikute hulka kohtuistungil, kui istungisaal on ületäitunud ja see takistab asja arutamist.

§ 45. Isiku kohtuistungilt kõrvaldamine ja tema suhtes muude abinõude rakendamine

(1) Kohus võib istungilt kõrvaldada menetlusosalise või tema esindaja või nõustaja, tunnistaja, eksperdi, tõlgi või muu istungil viibiva isiku, kes ei täida kohtuistungil korra tagamiseks antud korraldust või käitub kohtuistungil sündsusetult ja kohtu või teise menetlusosalise vastu lugupidamatust väljendaval viisil.
(2) Kohus võib kõrvaldada menetlusosalise esindaja või nõustaja menetlusest või keelata tal teha avaldusi, kui esindaja või nõustaja ei ole võimeline kohtus nõuetekohaselt esinema, muu hulgas puuduliku keeleoskuse tõttu, või on kohtumenetluses näidanud end ebaausana, asjatundmatuna või vastutustundetuna, samuti kui ta on pahatahtlikult takistanud asja õiget, kiiret ja võimalikult väikeste kuludega menetlemist või jätnud korduvalt täitmata kohtu korralduse.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kui menetlusosaline või tema esindaja kõrvaldatakse kohtuistungilt, võib asja menetlemist jätkata nii, nagu menetlusosaline või tema esindaja oleks istungilt vabatahtlikult lahkunud. Menetlusosalise esindaja loetakse istungilt lahkunuks ka juhul, kui ta kõrvaldatakse menetlusest või tal keelatakse teha menetluses avaldusi vastavalt käesoleva paragrahvi lõikes 2 sätestatule. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kohus võib käesoleva paragrahvi lõikes 1 nimetatud viisil käitunud isikut, samuti menetlusosalist või tema esindajat või nõustajat, kes on pahatahtlikult takistanud asja õiget, kiiret ja võimalikult väikeste kuludega menetlemist või jätnud korduvalt täitmata kohtu korralduse, trahvida või määrata talle aresti kuni seitse ööpäeva.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Menetlusosalise esindajale käesoleva paragrahvi lõigetes 1–4 sätestatu kohaldamisest teatab kohus viivitamata menetlusosalisele, kui menetlusosaline ei viibi kohtuistungil või muu menetlustoimingu tegemisel, ja teeb talle ettepaneku valida endale uus esindaja kohtu määratud ajaks. Advokaadi suhtes käesoleva paragrahvi lõigetes 1–4 sätestatu kohaldamise teeb kohus teatavaks ka Eesti Advokatuurile või muule kutseühendusele, kuhu advokaat kuulub.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(6) Kui menetlusosalise või muu isiku käitumises ilmnevad kohtus kuriteo tunnused, edastab kohus kuriteoteate prokuratuurile või politseile. Vajaduse korral peab kohus sellise isiku määruse alusel kinni.

§ 46. Trahvi määramine

(1) Kui kohtul on käesolevas seadustikus sätestatud juhul õigus määrata rahatrahv, võib selle määrata kuni 3200 eurot ulatuses, kui käesolevas seadustikus ei ole ette nähtud teisiti. Trahvi suurust määrates arvestab kohus isiku varalist seisundit ja muid asjaolusid.
[RT I 2010, 22, 108 - jõust. 01.01.2011]
(11) Alaealise isiku asemel või lisaks temale võib trahvida tema vanemaid või eestkostjaid. Piiratud teovõimega täisealise isiku asemel võib trahvida tema eestkostjaid. Alla 14-aastast
alaealist ja piiratud teovõimega isikut ei trahvita. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Isikule võib trahvi määrata üksnes siis, kui talle on tehtud trahvihoiatus, välja arvatud juhul, kui eelnev hoiatamine ei ole võimalik või mõistlik.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kohustuse rikkumise eest isikule määratud trahv ei vabasta teda kohustuse täitmisest. Kui kohustust pärast trahvi määramist ei täideta, võib määrata uue trahvi.
(4) Trahvitule või tema esindajale toimetatakse viivitamata kätte trahvimääruse ärakiri.

§ 47. Arest ja sundtoomine

(1) Aresti võib kohus tsiviilkohtumenetluses määrusega kohaldada seaduses ettenähtud juhul, kui ta on teinud isikule arestihoiatuse.
(2) Aresti võib kuni kolmeks kuuks määrata ka rahatrahvi asendamiseks trahvi sissenõudmise võimatuse puhul. Trahvi arestiga asendamise võib ette näha juba trahvimääruses. Trahvi arestiga asendamisel kohaldatakse karistusseadustiku §-s 72 ja täitemenetluse seadustiku §-s 201 sätestatut. Kui trahvitu trahvi tasub, vabastatakse ta arestist.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Aresti kandmine toimub määruse teinud kohtu asukoha järgses või arestialuse elukoha järgses arestimajas vangistusseaduses sätestatud tingimuste kohaselt.
(4) Politseiga sundtoomist võib kohus isiku suhtes määruse alusel kohaldada seaduses ettenähtud juhul, kui ta on teinud isikule sundtoomise hoiatuse.
(5) Sundtoomise määruse täitmiseks võib isikut enne kohtuistungi algust kinni pidada kuni 48 tundi. Sundtoomisele kohaldatakse kriminaalmenetluse seadustiku § 139 lõigetes 3–5 sätestatut, kui käesolevast seadustikust ei tulene teisiti.

§ 48. Määruskaebuse esitamine trahvi- ja arestimääruse peale

Käesolevas peatükis nimetatud trahvi- või arestimääruse peale võib isik, keda trahviti või kelle suhtes aresti kohaldati, esitada määruskaebuse.

8. peatükk PROTOKOLLID

§ 49. Menetlustoimingu protokollimine

(1) Kohtuistung ja seaduses sätestatud juhul ka muu menetlustoiming protokollitakse. Sama kehtib kohtu poolt korralduse või erinõude alusel tehtava menetlustoimingu kohta.
[RT I 2006, 7, 42 - jõust. 04.02.2006]
(2) Protokolli koostab kohtuistungi sekretär või muu kohtu kodukorra järgi selleks pädev kohtuametnik või kohtunik kohtuistungi või muu menetlustoimingu tegemise ajal. Kui protokolli koostab kohtuistungi sekretär või muu kohtu kodukorra järgi selleks pädev kohtuametnik,
kannab ta käesoleva seadustiku § 50 lõike 1 punktides 6–9 ja lõikes 2 nimetatud andmed protokolli üksnes vastavalt kohtuniku tehtud kokkuvõttele.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Riigikohtu istung protokollitakse ulatuses, mida kohus peab vajalikuks.

§ 50. Protokolli sisu

(1) Menetlustoimingu protokoll peab kajastama menetlustoimingu olulist käiku ja muud asja lahendamise või võimaliku edasikaebamise seisukohalt olulist. Protokolli märgitakse:
1) menetlustoimingu tegemise aeg ja koht ning asja lühikirjeldus ja number;
2) asja läbivaatava kohtu nimetus ning kohtunike, istungi protokollija ja tõlgi nimed;
3) asja liik;
4) andmed menetlusosaliste ja nende esindajate ning tunnistajate ja ekspertide ilmumise kohta;
5) andmed menetlustoimingu avalikkuse kohta;
6) menetlusosaliste avaldused ja taotlused;
7) hagi tunnustamine, hagist loobumine ja kompromiss;
8) poolte ja teiste menetlusosaliste nõuete ja vastuväidete põhisisu ulatuses, milles see ei ole kajastatud kohtule esitatud kirjalikes dokumentides;
9) menetlusosaliste vande all antud seletuste ja tunnistajate ütluste põhisisu, eksperdi suulised vastused, andmed vaatluse kohta;
10) istungil tehtud korraldused ja lahendid;
11) kohtulahendi avalikult teatavakstegemise aeg;
12) kohtulahendi peale edasikaebamisest loobumine;
13) protokollile allakirjutamise kuupäev.
(2) Menetlusosalise taotlusel protokollitakse asjas esitatud asjaolu või seisukoht. Kohus võib jätta taotluse määrusega rahuldamata, kui asjaolul või seisukohal ilmselt ei ole asjas tähtsust.
(3) Protokollimisega võrdsustatakse menetlusdokument, mis lisatakse protokollile ning millele tehakse viide protokollis.

§ 51. Protokolli koostamine

(1) Protokoll koostatakse kohtuistungil masina- või arvutikirjas või jäädvustatakse digitaalsele andmekandjale selliselt, et tagatud on protokolli kirjalik taasesitamine. Protokolli võib istungil koostada esialgu ka muul viisil, sealhulgas märkmete tegemise või dikteerimisega, kuid allakirjutamise ajaks peab protokoll olema viidud käesoleva lõike esimeses lauses nimetatud vormi.
(2) Digitaalsele protokollile ja selle kohta esitatud vastuväidete vormistamisele ning protokolli allkirjastamisele esitatavad tehnilised nõuded kehtestab justiitsminister määrusega.
[RT I 2006, 7, 42 - jõust. 04.02.2006]

§ 52. Menetlustoimingu salvestamine

(1) Esialgselt võib kohtuistungi või muu menetlustoimingu täielikult või osaliselt salvestada heli-, video- või muule andmekandjale. Sel juhul koostatakse protokoll viivitamata pärast kohtuistungit või muu menetlustoimingu tegemist.
(2) Tunnistajate, ekspertide ja menetlusosaliste salvestatud ütluste ning vaatluse salvestatud tulemuste kohta tehakse protokolli üksnes märge, välja arvatud juhul, kui pool nõuab menetluse jooksul salvestiste põhisisu protokollimist või kui kohus peab seda vajalikuks.
(3) Salvestis lisatakse toimikule.

§ 53. Protokollile vastuväidete esitamine ja protokolli parandamine

(1) Menetlusosalise vande all antud seletuste, tunnistaja ütluste ning eksperdi arvamuse ja vastuste kohta protokollitu tehakse kohe istungil teatavaks, välja arvatud juhul, kui see isik ja istungil osalenud menetlusosalised on nõus, et protokollitut istungil teatavaks ei tehta, ning see ei ole ka kohtu arvates vajalik. Protokolli tehakse parandused asjaomase isiku vastuväite alusel, kui kohus sellega nõustub. Vastuväide, millega kohus ei nõustu, kantakse protokolli või lisatakse protokollile.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Menetlusosalisel on õigus tutvuda protokolliga ja esitada taotlus protokolli parandamiseks kolme tööpäeva jooksul, alates protokolli allkirjastamisest. Kohus teavitab menetlusosalisi protokolli allkirjastamise ajast ja edastab protokolli neile elektrooniliselt viivitamata pärast allkirjastamist, kui menetlusosalised on kohtule teatavaks teinud oma elektronposti aadressi. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kui menetlusosaline esitab käesoleva paragrahvi lõikes 2 nimetatud juhul protokolli sisulise parandamise taotluse, küsib kohus selle kohta teiste menetlusosaliste seisukoha. Vajaduse korral korraldab kohus taotluse lahendamiseks kohtuistungi. Menetlusosalise istungilt puudumine ei takista taotluse lahendamist.
(4) Käesoleva paragrahvi lõikes 2 nimetatud protokolli parandamise taotlusega nõustumise korral teeb kohus protokollis parandused. Vastuväited, millega kohus ei nõustu, kantakse protokolli või lisatakse protokollile.
(5) Kui protokolli sisu on salvestatud, võib isik, kelle ütlused salvestatakse, viivitamata salvestusega tutvuda ja esitada sellele vastuväiteid. Kui kohus vastuväitega nõustub, salvestatakse seletus, ütlus või vastus uues sõnastuses. Kui kohus vastuväitega ei nõustu, salvestatakse vastuväite sisu.
(6) Menetlustoimingu protokollimisel selgitab kohus protokollile vastuväidete esitamiseks õigustatud isikutele käesoleva paragrahvi lõigetes 1–5 sätestatud õigusi.
(7) Protokolli märgitakse andmed protokolli või salvestatu tutvustamise või sellest õigusest loobumise kohta ning protokolli sisu kinnitamise või vastuväidete esitamise kohta.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 54. Protokolli allkirjastamine

(1) Protokollile kirjutab alla kohtunik. Kui menetlustoiming on tehtud kollegiaalse kohtukoosseisu osalusel, kirjutab protokollile alla eesistuja. Kui protokolli on koostanud kohtuistungi sekretär või muu selleks pädev isik, kirjutab protokollile alla ka tema.
(2) Kui eesistuja ei saa protokollile alla kirjutada, kirjutab tema asemel alla kohtukoosseisu teine liige. Kui protokollile ei saa alla kirjutada menetlustoimingu tegemisel üksi osalenud kohtunik ja protokolli on koostanud kohtuistungi sekretär või muu selleks pädev isik, piisab protokollija allkirjast. Allkirja andmata jätmise põhjus märgitakse protokolli.
(3) Digitaalne protokoll allkirjastatakse digitaalallkirjaga või muul sellesarnasel tehniliselt turvalisel viisil.

§ 55. Protokolli tõenduslik jõud

Kohtuistungi või muu protokollitud menetlustoimingu menetlusreeglite rikkumist saab tõendada üksnes protokollile tuginedes. Protokolli kohta saab esitada üksnes võltsimise vastuväite.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

9. peatükk TOIMIK

§ 56. Toimik tsiviilasjas

(1) Kohus peab iga tsiviilasja kohta toimikut, kuhu võetakse ajalises järgnevuses kõikide menetlusastmete menetlusdokumendid ja muud asjaga seotud dokumendid, kaasa arvatud protokollid ja kohtulahendid. Seaduses ettenähtud juhul võetakse toimiku juurde muud menetlusega seotud esemed.
(2) Toimikut peetakse kirjalike dokumentide kogumina.
(3) Kohtule edastatud või kohtu koostatud elektroonilist dokumenti säilitatakse toimikus väljatrükina koos andmetega dokumendi koostaja ja väljatrüki tegija ning dokumendi koostamise ja kohtule edastamise ja väljatrüki tegemise aja kohta. Elektroonilise dokumendi võib toimiku juurde võtta ka salvestisena kohtu infosüsteemis või digitaalsel andmekandjal, kui on tagatud dokumendi koopia säilimine kohtute infosüsteemis.
[RT I 2009, 67, 460 - jõust. 01.01.2010]

§ 57. Digitaalne toimik

(1) Toimikut võib pidada ka täielikult või osaliselt digitaalsena.
(2) Paberdokumendid skaneeritakse ja salvestatakse kohtute infosüsteemis asjakohase menetluse juures. Kohtute infosüsteem salvestab automaatselt dokumendi süsteemi salvestamise aja ja salvestaja andmed. Kohtute infosüsteemi salvestatud dokumendid asendavad paberdokumente. [RT I, 22.03.2013, 9 - jõust. 01.04.2013]
(3) Vajaduse korral säilitatakse paberil esitatud dokumente käesoleva paragrahvi lõikes 2 nimetatud juhul menetluse lõpuni.

§ 58. Toimiku arhiveerimine

(1) Kui menetlus on lõppenud jõustunud lahendiga, arhiveerib asja menetlenud maakohus toimiku.
(2) Toimikut ja selles sisalduvaid menetlusdokumente säilitatakse pärast menetluse lõppemist üksnes nii kaua, kui see on vajalik menetlusosaliste või muude isikute huvides või avalikes huvides.

§ 59. Toimikuga tutvumine

(1) Menetlusosalisel on õigus toimikuga tutvuda ja saada seal olevatest menetlusdokumentidest ärakirju.
(11) Kohus võib piirata menetlusosalise õigust toimikuga tutvuda ja sellest ärakirju saada, kui see oleks ilmses vastuolus teise menetlusosalise või muu isiku kaaluka huviga. Piirata ei või hagimenetluse poolte õigust toimikuga tutvuda ja sellest ärakirju saada.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Muul isikul on õigus tutvuda toimikuga hagimenetluse ajal ja saada toimikus olevast menetlusdokumendist ärakirja üksnes poolte nõusolekul. Pädeva riigiasutuse esindaja võib tutvuda toimikuga ja saada menetlusdokumendi ärakirja asja menetleva kohtu esimehe loal ka poolte nõusolekuta, kui riigiasutus põhistab oma õiguslikku huvi toimikuga tutvumise ja ärakirja saamise vastu.
(3) Kui asjas on menetlus jõustunud lahendiga lõppenud, võib muu isik toimikuga tutvuda ja saada menetlusdokumendi ärakirja asja menetlenud maakohtu loal ka poolte nõusolekuta, kui ta põhistab oma õigustatud huvi dokumentidega tutvumise ja ärakirja saamise vastu. Tutvuda ei või kinnises menetluses arutatud asja toimikuga.
(4) Hagita asjas võib muu isik tutvuda toimikuga ja saada menetlusdokumendi ärakirja üksnes asja menetleva või menetlenud kohtu loal, kui ta põhistab õigustatud huvi toimikuga tutvumise ja ärakirja saamise vastu, kui seaduses ei ole ette nähtud teisiti. Lapsendamist käsitleva menetlusdokumendiga võib tutvuda üksnes lapsendaja ja täisealise lapse nõusolekul.
(5) Elektroonilise menetlusdokumendiga või digitaalsele või muule andmekandjale salvestatud dokumendiga võib käesoleva paragrahvi lõigetes 1–4 sätestatud alusel tutvuda üksnes selliselt, et
oleks tagatud andmekandja puutumatus. Menetlusdokumendist võib saada ka elektroonilise koopia, väljatrüki või väljavõtte.
(51) Menetlusosalise või tema esindaja poolt toimikuga tutvumise kohta tehakse toimikusse märge.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(52) Menetlusosalise või tema esindaja taotlusel esitatakse talle riigisaladuse ja salastatud välisteabe seaduses sätestatud korras tutvumiseks asjas tõendina kasutatav riigisaladust või salastatud välisteavet sisaldav teabekandja, mida ei lisata toimikusse. Riigisaladust või salastatud välisteavet sisaldava teabekandja tutvustamise kohta tehakse märge toimikusse.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(6) Tutvumisloa andmisest keeldumise kohta teeb määruse kohtunik või kohtunikuabi. Määruse peale võib esitada määruskaebuse. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 60. Toimiku taastamine

(1) Kui toimik tsiviilasjas on hävinud või muul põhjusel kaotsi läinud, võib kohus selle taastada menetlusosalise avalduse alusel või omal algatusel.
(2) Toimiku taastamise menetluses nõuab kohus menetlusosalistelt asja kohta üksikasjalike andmete ja dokumentide või nende ärakirjade esitamist.
(3) Toimiku taastamisel kasutab kohus toimiku säilinud osi, enne toimiku kadumist selles asjas väljaantud dokumente või nende ärakirju ja teisi asjasse puutuvaid tõendeid.
(4) Kohus võib tunnistajana üle kuulata isikuid, kes viibisid menetlustoimingute juures, samuti isikuid, kes kuulusid asja arutava kohtu koosseisu, ja isikuid, kes täitsid kohtuotsust.
(5) Kaotatud toimiku taastamise otsustab kohus määrusega hagita menetluses.
(6) Kaotatud toimik taastatakse täielikult või osas, mille taastamist kohus peab vajalikuks. Kui kaotatud toimik taastatakse, tuleb taastada igal juhul asja menetluse lõpetanud kohtulahend või asja menetluse lõpetamise või asja läbi vaatamata jätmise määrus, kui need asjas tehti.
(7) Kui kogutud andmed ja dokumendid ei ole küllaldased toimiku taastamiseks, lõpetab kohus oma määrusega toimiku taastamise menetluse.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(8) Kaotatud toimiku taastamise asjas on avaldaja vabastatud kohtukulude tasumisest. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 601. E-toimiku menetlemise infosüsteem

(1) E-toimiku menetlemise infosüsteem (edaspidi e-toimiku süsteem) on tsiviilkohtumenetluses menetlusandmete ja isikuandmete töötlemiseks peetav riigi infosüsteemi kuuluv andmekogu, mille eesmärk on:
1) tagada ülevaade kohtute menetluses olevatest tsiviilasjadest;
2) kajastada andmeid tsiviilkohtumenetluse käigus tehtud toimingute kohta;
3) võimaldada kohtute töö korraldamist;
4) tagada õiguspoliitiliste otsustuste tegemiseks vajaliku kohtustatistika kogumine;
5) võimaldada andmete ja dokumentide elektroonilist edastamist.
(2) Andmekogusse kantakse:
1) andmed menetluses olevate ja lõpetatud tsiviilasjade kohta;
2) andmed tsiviilkohtumenetluse käigus tehtud toimingute kohta;
3) digitaalsed dokumendid käesolevas seadustikus sätestatud juhtudel;
4) andmed menetleja, menetlusosalise ja menetluses osaleja kohta;
5) kohtulahendid.
(3) E-toimiku süsteemi asutab ja selle põhimääruse kehtestab Vabariigi Valitsus. Vabariigi
Valitsus võib kehtestada määrusega e-toimiku süsteemile ülemineku aja, tingimused ja korra.
(4) E-toimiku süsteemi vastutav töötleja on Justiitsministeerium. E-toimiku süsteemi volitatud töötleja on justiitsministri poolt määratud isik.
(5) Justiitsminister võib anda määrusi e-toimiku süsteemi tegevuse korraldamiseks. [RT I 2009, 67, 460 - jõust. 01.01.2010]

§ 61. Justiitsministri pädevus toimiku osas

Justiitsminister kehtestab määrusega kohustuslikule digitaalse toimiku pidamisele ülemineku aja ja korra, tehnilised nõuded digitaalse toimiku pidamisele ja sellega tutvumisele, samuti elektrooniliste dokumentide säilitamisele. Justiitsminister kehtestab määrusega täpsemad nõuded toimiku arhiveerimisele, muu hulgas toimiku ja menetlusdokumentide säilitamistähtajale, arhiveeritud toimiku ja menetlusdokumentidega tutvumisele ning toimiku hävitamisele.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]

10. peatükk MENETLUSTÄHTAJAD

§ 62. Menetlustähtaja arvutamine

(1) Menetlustähtaegade arvutamisele kohaldatakse tsiviilseadustiku üldosa seaduses tähtaja ja tähtpäeva kohta sätestatut, kui seadusest ei tulene teisiti.
(2) Menetlustoimingut, mille tegemiseks on kehtestatud tähtaeg, võib teha tähtaja viimasel päeval kuni kella 24.00-ni. Kui menetlustoiming tuleb teha kohtu ruumides, loetakse tähtaja
lõpuks kohtu tööpäeva lõpp.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 63. Kohtu määratud tähtaja algus

Kohtu määratud tähtaja kulgemine algab menetlusdokumendi, milles on tähtaeg määratud, kättetoimetamisele järgnevast päevast, kui tähtaja määramisel ei ole ette nähtud teisiti. Kui dokumenti ei pea kätte toimetama, algab tähtaja kulgemine tähtaja määramise kohta teate saamisega.

§ 64. Tähtaja muutmine

(1) Kohus võib tema määratud menetlustähtaega põhistatud avalduse alusel või omal algatusel mõjuval põhjusel pikendada. Tähtaega võib korduvalt pikendada üksnes vastaspoole nõusolekul.
(2) Poolte kokkuleppel võib nii seaduses sätestatud kui kohtu määratud menetlustähtaega lühendada. Tähtaja lühendamise kokkulepe esitatakse kohtule kirjalikult või protokollitakse.

§ 65. Tähtaja arvutamine dokumendi saatmisel ebaõigesse kohtusse

[RT I 2008, 59, 330 - jõust. 01.01.2009]

Kui menetlusosalise saadetud dokument saabus kohtualluvuselt või kohtuastmelt ebaõigesse kohtusse, saadetakse see edasi õigele kohtule. Menetlustoimingu tegemiseks ettenähtud tähtaeg loetakse sel juhul järgituks, kui menetlusdokument jõudis kohtualluvuselt või kohtuastmelt ebaõigesse kohtusse õigeaegselt.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 66. Menetlustoimingu õigeaegse tegemata jätmise tagajärjed

Kui menetlustoiming jääb õigel ajal tegemata, ei ole menetlusosalisel õigust menetlustoimingut hiljem teha, kui kohus seaduses sätestatud tähtaega ei ennista või ei pikenda enda määratud tähtaega või ei menetle menetlusosalise esitatud avaldust, taotlust, tõendit või vastuväidet käesoleva seadustiku § 331 lõikes 1 sätestatud juhul. See kehtib sõltumata sellest, kas menetlusosalist sellise tagajärje eest enne hoiatati.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 67. Seaduses sätestatud menetlustähtaja ennistamine

(1) Kui menetlusosaline lasi mööda seaduses sätestatud menetlustähtaja, ennistab kohus tähtaja menetlusosalise avalduse alusel, kui menetlusosaline ei saanud tähtaega järgida mõjuval põhjusel ja tähtaja möödalaskmine ei võimalda enam menetlustoimingut teha või põhjustab talle muu negatiivse tagajärje.
(2) Tähtaja ennistamist võib taotleda 14 päeva jooksul, alates päevast, millal käesoleva paragrahvi lõikes 1 nimetatud takistus ära langes, aga mitte hiljem kui kuue kuu jooksul, alates möödalastud tähtaja lõppemisest.

§ 68. Tähtaja ennistamise otsustamine

(1) Tähtaja ennistamise avaldus esitatakse samas vormis, mis kehtis menetlustoimingu suhtes, mis tuli teha. Avalduses märgitakse tähtaja ennistamise aluseks olevad asjaolud ning nende põhistus. Avaldus esitatakse kohtule, kus tulnuks teha menetlustoiming.
(2) Üheaegselt tähtaja ennistamise avalduse esitamisega tuleb teha menetlustoiming, mille tegemiseks tähtaja ennistamist taotletakse.
(3) Tähtaja ennistamise lahendab kohus määrusega.
(4) Maakohtu või ringkonnakohtu menetlustähtaja ennistamata jätmise määruse peale võib esitada määruskaebuse. Maakohtu määruse peale esitatud määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Tähtaja ennistamisel ennistub menetlus tähtaja möödalaskmisele eelnenud staadiumisse. (6) Enne tähtaja ennistamise otsustamist võib kohus määrusega peatada täitemenetluse või
lubada selle jätkamist üksnes tagatise vastu või tühistada täitetoimingu.

2. osa KOHTUALLUVUS

11. peatükk ÜLDSÄTTED

§ 69. Kohtualluvuse mõiste

(1) Kohtualluvus on isiku õigus ja kohustus kasutada oma menetlusõigusi kindlas kohtus. Kohtualluvus on üldine, valikuline või erandlik.
(2) Üldise kohtualluvusega määratakse kohus, kuhu isiku vastu võib esitada hagisid ja teha isiku suhtes muid menetlustoiminguid, kui seaduses ei ole sätestatud, et hagi võib esitada või toimingu võib teha muus kohtus.
(3) Valikulise kohtualluvusega määratakse kohus, kuhu võib isiku vastu esitada hagisid ja teha isiku suhtes muid menetlustoiminguid lisaks üldisele kohtualluvusele.
(4) Erandliku kohtualluvusega määratakse kohus, kuhu ainsana võib tsiviilasja lahendamiseks pöörduda. Kohtualluvus hagita asjades on erandlik, kui seaduses ei ole sätestatud teisiti.

§ 70. Rahvusvaheline kohtualluvus

(1) Rahvusvahelise kohtualluvuse sätete järgi määratakse, millal võib asja menetleda Eesti kohus.
(2) Asi allub Eesti kohtule, kui Eesti kohus võib selle lahendada pädevuse ja kohtualluvuse sätete kohaselt või kohtualluvuse kokkuleppest tulenevalt, kui seadusest või välislepingust ei tulene teisiti.
(3) Rahvusvaheline kohtualluvus ei ole erandlik, kui seaduses või välislepingus ei ole ette nähtud teisiti.
(4) Käesolevas seadustikus rahvusvahelise kohtualluvuse kohta sätestatut kohaldatakse kohtualluvuse määramisel Euroopa Liidu liikmesriikide kohtute vahel üksnes ulatuses, milles see ei ole reguleeritud nõukogu määrusega (EÜ) nr 44/2001 kohtualluvuse ja kohtuotsuste täitmise kohta tsiviil- ja kaubandusasjades (ELT L 012, 16.01.2001, lk 1–23), nõukogu määrusega (EÞ( �br/>nr 2201/2003, mis käsitleb kohtualluvust ning kohtuotsuste tunnustamist ja täitmist kohtuasjades, mis on seotud abieluasjade ja vanemliku vastutusega ning millega tunnistatakse kehtetuks nõukogu määrus (EÜ) nr 1347/2000 (ELT L 338, 23.12.2003, lk 1–29), ja nõukogu määrusega (EÜ) nr 4/2009 kohtualluvuse, kohaldatava õiguse, kohtuotsuste tunnustamise ja täitmise ning koostöö kohta ülalpidamiskohustuste küsimustes (ELT L 007, 10.01.2009, lk 1–79) või nõukogu muu määrusega.
[RT I, 14.03.2011, 2 - jõust. 18.06.2011]

§ 71. Kohtualluvuse kokkulepe

Seaduses ettenähtud juhtudel ja korras võivad pooled sõlmida kohtualluvuse kokkuleppe. Kohtualluvuse kokkulepe on kokkulepe lahendada vaidlus kindlas kohtus.

§ 72. Harju Maakohtu erialluvus

(1) Kui asi ei allu üldsätete järgi Eesti kohtule või kui sellist alluvust ei ole võimalik kindlaks teha ja välislepingust või seadusest ei tulene teisiti, lahendab asja Harju Maakohus, kui:
1) välislepingu kohaselt peab kohtuasja lahendama Eesti Vabariigis;
2) avaldaja on Eesti Vabariigi kodanik või tal on Eestis elukoht ning tal ei ole võimalik välisriigis oma õigusi kaitsta või kui seda ei saa avaldajalt oodata;
3) asi on muul põhjusel Eestiga tihedalt seotud ja isikul ei ole võimalik välisriigis oma õigusi kaitsta või kui õiguste kaitsmist välisriigis ei saa avaldajalt oodata.
(2) Harju Maakohus lahendab asja ka juhul, kui asi allub küll Eesti kohtule, kuid ei ole võimalik kindlaks määrata, millisele Eesti kohtule. See kehtib ka juhul, kui kokku on lepitud Eesti kohtualluvuses, aga mitte selles, milline Eesti kohus asja lahendab.

§ 73. Kohtu määratud kohtualluvus

Menetlusosalise taotlusel või avalduse saanud kohtu taotlusel määrab kohtualluvuse kohtuastmelt kõrgema kohtu esimees, kui:
1) kohtualluvuse järgi õige kohus ei saa asjas kohtuvõimu teostada;
2) arvestades eri kohtute tööpiirkondade piire, ei ole selge, millisele kohtule asi allub;
3) ühes kohtuasjas on mitu kohut otsustanud, et asi neile ei allu, kuid neist kohtutest võiks üks asja läbi vaadata.

§ 74. Asja allumine mitmele kohtule ja asjade jaotus kohtumajade vahel

[RT I 2008, 59, 330 - jõust. 01.01.2009]

(1) Kui asi võib alluda üheaegselt mitmele Eesti kohtule, on avaldajal õigus valida, millisesse kohtusse avaldus esitada. Asja menetleb sel juhul kohus, kuhu avaldus esimesena esitati.
[RT I 2005, 39, 308 - jõust. 01.01.2006]
(2) Kui hagi esitatakse kostja elu- või asukoha järgi või erandliku kohtualluvuse järgi, arutatakse asja kohtumajas, mille tööpiirkonnas on kostja elu- või asukoht või koht, mille järgi määratakse erandlik kohtualluvus. Kui muul juhul jäävad erinevad kohtualluvust määravad kohad ühe maakohtu tööpiirkonda, ent erinevate kohtumajade teeninduspiirkondadesse, märgib hageja, millises kohtumajas asja arutatakse. Kui hageja seda ei märgi, määrab asja arutamise koha kohus. [RT I 2005, 39, 308 - jõust. 01.01.2006]
(3) Hagita asja arutatakse kohtumajas, mille tööpiirkonnas on koht, mille järgi määratakse kohtualluvus. Kui erinevad kohtualluvust määravad kohad jäävad ühe maakohtu tööpiirkonda, ent erinevate kohtumajade teeninduspiirkondadesse, määrab asja arutamise koha kohus.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 75. Kohtualluvuse kontrollimine

(1) Avalduse saanud kohus kontrollib, kas rahvusvahelise kohtualluvuse sätete järgi võib avalduse esitada Eesti kohtule. Seejärel kontrollib kohus, kas asi allub kohtule, kuhu avaldus esitati.
(2) Kui asi sellele kohtule ei allu, saadab kohus avalduse kohtule, kellele avaldus allub, välja arvatud juhul, kui kohus leiab, et asi ei allu rahvusvahelise kohtualluvuse järgi Eesti kohtule.
(3) Isik võib taotleda kohtult määruse tegemist selle kohta, kas asi allub sellele kohtule, juba enne avalduse esitamist. Sel juhul tuleb taotlusele lisada kavandatava avalduse projekt ja muud kohtualluvuse määramiseks olulised dokumendid. Kohus võib vajaduse korral küsida eeldatava kostja või teiste menetlusosaliste seisukohta taotluse lahendamise kohta ja nad ära kuulata.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(31) Käesoleva paragrahvi lõikes 3 nimetatud määruse peale, millega kohus leidis, et asi ei allu temale, võib taotluse esitaja esitada määruskaebuse. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kõrgema astme kohus ei kontrolli ega muuda kohtualluvust muul alusel kui kohtualluvuse kohta tehtud kohtumääruse või avalduse menetlusse võtmisest keeldumise või selle läbi vaatamata jätmise või menetluse lõpetamise määruse peale esitatud määruskaebuse lahendamisel. Kõrgema astme kohus võib ka muu kaebuse alusel kontrollida, kas Eesti kohus võib asja lahendada rahvusvahelise kohtualluvuse järgi, kui see vaidlustati maakohtus.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 76. Asja üleandmine kohtualluvuse järgi

(1) Kui kohus avastab pärast avalduse menetlusse võtmist, et asi ei allu sellele kohtule, teeb kohus määruse asja üleandmiseks kohtualluvuse järgi. Kui asi allub mitmele kohtule, annab kohus asja üle ühele neist avaldaja valikul.
(2) Käesoleva paragrahvi lõikes 1 nimetatud määruse peale võib esitada määruskaebuse. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
(3) Kohus annab asja alluvuse järgi õigele kohtule üle, kui kohtumääruse peale määruskaebuse esitamise tähtaeg on möödunud. Kui kohtumääruse peale esitati määruskaebus, annab kohus asja üle, kui määruskaebus on jäetud rahuldamata.
(4) Asja menetleda saanud kohus peab selle läbi vaatama. Alluvusvaidlused kohtute vahel ei ole lubatud.

§ 77. Asja kohtualluvuse muutumine

Kui kohus võttis asja õigesti menetlusse, lahendab kohus asja sisuliselt, isegi kui kohtualluvuse määramise aluseks olevad asjaolud pärast avalduse menetlusse võtmist muutusid.

§ 78. Hagi esitamine eri maade kohtutesse

(1) Kui samade poolte vaheline sama sisuga hagi on enne Eesti kohtusse esitamist võetud kohtualluvuse järgi pädeva välisriigi kohtu menetlusse, võtab Eesti kohus hagi menetlusse, kui muud menetlusse võtmise tingimused on täidetud, kuid peatab menetluse, kui võib eeldada, et välisriigi kohus teeb lahendi mõistliku aja jooksul ja seda lahendit Eesti Vabariigis tunnustatakse.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(11) Hagi esitamise ajaks Eesti kohtusse loetakse käesoleva paragrahvi lõike 1 tähenduses hagi või käesoleva seadustiku § 75 lõikes 3 nimetatud taotluse kohtusse jõudmise aeg, samuti tsiviilseadustiku üldosa seaduse § 160 lõikes 2 nimetatud avalduse kohtusse jõudmise aeg või muu toimingu tegemise aeg. See kehtib üksnes juhul, kui hagi on vastaspoolele hiljem kätte toimetatud.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Asi loetakse välisriigi kohtu menetlusse võetuks, kui välisriigi kohus on hagi suhtes teinud esimese menetlustoimingu.
(3) Kohus uuendab käesoleva paragrahvi lõikes 1 nimetatud alusel peatatud menetluse käesoleva seadustiku §-s 361 sätestatud korras, kui välisriigi kohus ei ole lahendit mõistliku aja jooksul teinud või kui selgub, et tehtud või tehtavat lahendit Eesti Vabariigis ilmselt ei tunnustata.
(4) Kohus teeb menetluse lõpetamise määruse, kui talle esitatakse välisriigi kohtu lahend, mis kuulub Eesti Vabariigis tunnustamisele. Määruse peale võib esitada määruskaebuse.
(5) Käesoleva paragrahvi lõigetes 1–4 sätestatut kohaldatakse vastavalt avalduse esitamisel eri maade kohtusse hagita menetluses.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

12. peatükk ÜLDINE KOHTUALLUVUS

§ 79. Isiku kohtualluvus

(1) Füüsilise isiku vastu võib hagi esitada tema elukoha järgi ja juriidilise isiku vastu tema asukoha järgi.
(2) Kui füüsilise isiku elukoht ei ole teada, võib tema vastu hagi esitada tema viimase teadaoleva elukoha järgi.

§ 80. Välisriigis elava Eesti Vabariigi kodaniku kohtualluvus

(1) Välisriigis elava Eesti Vabariigi kodaniku vastu, kellele laieneb eksterritoriaalsus, ja välisriigis töötava avalikust teenistujast Eesti Vabariigi kodaniku vastu võib esitada hagi tema viimase Eesti-elukoha järgi.
(2) Kui käesoleva paragrahvi lõikes 1 nimetatud isikul ei ole olnud Eestis elukohta, võib tema vastu esitada hagi Harju Maakohtusse.

§ 81. Eesti Vabariigi ja kohaliku omavalitsuse üksuse kohtualluvus

(1) Eesti Vabariigi või kohaliku omavalitsuse üksuse vastu võib esitada hagi selle riigi- või kohaliku omavalitsuse asutuse asukoha järgi, kelle tegevuse tõttu on kavas hagi riigi või kohaliku omavalitsuse üksuse vastu esitada.
(2) Kui käesoleva paragrahvi lõikes 1 nimetatud riigiasutust ei ole võimalik kindlaks teha, esitatakse hagi Harju Maakohtusse. Kui käesoleva paragrahvi lõikes 1 nimetatud kohaliku omavalitsuse asutust ei ole võimalik kindlaks teha, esitatakse hagi valla- või linnavalitsuse asukoha järgi.
(3) Käesoleva paragrahvi lõikes 1 või 2 nimetatud hagi võib esitada hageja ka oma elu- või asukoha järgi.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 82. [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

13. peatükk VALIKULINE KOHTUALLUVUS

§ 83. Kohtualluvus viibimiskoha järgi

Varalise nõudega hagi võib füüsilise isiku vastu esitada ka tema viibimiskoha järgi, kui isik on seal pikemat aega töö- või teenistussuhte või õpingute tõttu või muul sellesarnasel põhjusel.

§ 84. Kohtualluvus tegevuskoha järgi

Kostja majandus- või kutsetegevusest tuleneva hagi võib esitada ka tema tegevuskoha järgi.

§ 85. Kohtualluvus juriidilise isiku asukoha järgi

Liikmesusel põhinev juriidiline isik, muu hulgas äriühing, või selle liige, osanik või aktsionär võib esitada liikmesusest või osalusest tuleneva hagi juriidilise isiku liikme, osaniku või aktsionäri vastu ka juriidilise isiku asukoha järgi.

§ 86. Kohtualluvus vara asukoha järgi

[RT I 2008, 59, 330 - jõust. 01.01.2009]

(1) Kui isiku elukoht või asukoht on välisriigis, võib varalise nõudega hagi esitada tema vastu ka vara, mille suhtes nõue esitatakse, asukoha järgi või isiku muu vara asukoha järgi.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kui vara on kantud avalikku registrisse, võib käesoleva paragrahvi lõikes 1 nimetatud hagi esitada selle registri asukoha järgi, milles vara on registreeritud.
(3) Kui varaks on võlaõiguslik nõue, võib käesoleva paragrahvi lõikes 1 nimetatud hagi esitada võlgniku elu- või asukoha järgi. Kui nõude tagatiseks on asi, võib hagi esitada ka asja asukoha järgi.

§ 87. Hüpoteegiga tagatud ja reaalkoormatisega seotud nõudega hagi kohtualluvus

Hüpoteegiga tagatud või reaalkoormatisega seotud nõude sissenõudmise hagi või muu sellise nõudega seotud hagi võib esitada ka kinnisasja asukoha järgi, kui võlgnik on ühtlasi hüpoteegiga või reaalkoormatisega koormatud kinnistu omanik.

§ 88. Korteriomandist tuleneva hagi kohtualluvus

Hagi korteriomaniku vastu, mis tuleneb korteriomandiga seotud õigussuhtest, võib esitada ka korteriomandi esemeks oleva kinnisasja asukoha järgi.
[RT I, 13.03.2014, 3 - jõust. 23.03.2014]

§ 89. Kohtualluvus lepingu täitmise koha järgi

(1) Lepingust tuleneva või lepingu tühisuse tuvastamise hagi võib esitada ka vaidlusaluse lepingukohustuse täitmise koha järgi.
(2) Vallasasja müügilepingu puhul loetakse käesoleva paragrahvi lõike 1 tähenduses kohustuse täitmise kohaks kohta, kus vallasasi anti ostjale üle või pidi üle antama, teenuse osutamise lepingu puhul kohta, kus teenus osutati või kus seda pidi osutatama. Muul juhul loetakse kohustuse täitmise kohaks käesoleva paragrahvi lõike 1 tähenduses võlgniku tegevuskohta, selle puudumisel elu- või asukohta.
(3) Käesoleva paragrahvi lõikes 2 sätestatut kohaldatakse niivõrd, kuivõrd pooled ei ole kokku leppinud teisiti.

§ 90. Kohtualluvus tarbija elukoha järgi

Tarbija võib võlaõigusseaduse §-des 35, 46 ja 52, § 208 lõikes 4, §-des 379 ja 402, § 635 lõikes
4 ning §-des 709, 734 ja 866 nimetatud lepingust või suhtest, samuti muust Eestis asuva või siin tegevuskohta omava ettevõtjaga sõlmitud lepingust tuleneva hagi esitada ka oma elukoha järgi. See ei kehti veolepingust tulenevate hagide suhtes.

§ 91. Kindlustuslepingust tuleneva hagi kohtualluvus

(1) Kindlustusvõtja, soodustatud isik või muu kindlustuslepingu järgi kindlustusandjalt täitmist nõudma õigustatud isik võib esitada kindlustuslepingust tuleneva hagi kindlustusandja vastu ka oma elu- või asukoha järgi.
(2) Vastutuskindlustuse, samuti ehitise või kinnisasja või koos nendega vallasasjade kindlustamise puhul võib hagi kindlustusandja vastu esitada ka kahju tekitanud teo toimepaneku või kahju tekitanud sündmuse toimumise koha või kahju tekkimise koha järgi.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 92. Kohtualluvus töötaja elukoha või töötamise koha järgi

Töötaja võib töölepingust tuleneva hagi esitada ka oma elukoha või töötamise koha järgi.

§ 93. Vekslist ja tšekist tuleneva hagi kohtualluvus

Vekslist ja tšekist tuleneva hagi võib esitada ka veksli või tšeki lunastamise koha järgi.

§ 94. Kahju õigusvastasest tekitamisest tuleneva hagi kohtualluvus

Õigusvastaselt tekitatud kahju hüvitamise hagi võib esitada ka kahju tekitanud teo toimepaneku või kahju tekitanud sündmuse toimumise koha või kahju tekkimise koha järgi.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 95. Merinõudest, päästetöödest ja päästelepingust tuleneva hagi kohtualluvus

(1) Hagi, mis tuleneb ühest või mitmest laeva asjaõigusseaduses nimetatud merinõudest, võib esitada ka kostja laeva asukoha või laeva kodusadama järgi.
(2) Päästetöödest või päästelepingust tuleneva hagi võib esitada ka päästetööde tegemise koha järgi.

§ 96. Pärandihagi kohtualluvus

(1) Hagi, mille ese on pärimisõiguse tuvastamine, pärija nõue pärandi valdaja vastu, testamentaarsest annakust või pärimislepingust tulenev nõue või sundosa või pärandi jagamise nõue, võib esitada ka pärandaja surma aegse elukoha järgi.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kui pärandaja oli Eesti Vabariigi kodanik ja tal ei olnud surma ajal Eestis elukohta, võib käesoleva paragrahvi lõikes 1 nimetatud hagi esitada ka pärandaja viimase Eesti-elukoha järgi. Kui pärandajal ei ole olnud Eestis elukohta, võib hagi esitada Harju Maakohtusse.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 97. Hagi kaaskostjate vastu ja mitu hagi sama kostja vastu

(1) Hagi mitme kostja vastu võib hageja omal valikul esitada ühe kaaskostja elu- või asukoha järgi.
(2) Kui samast asjaolust tulenevalt võib sama kostja vastu esitada mitu hagi, võib hagid esitada ka kohtusse, kuhu võiks esitada üksnes ühe või mõne samast asjaolust tuleneva nõudega hagi.

§ 98. Vastuhagi ja iseseisva nõudega kolmanda isiku hagi kohtualluvus

(1) Vastuhagi võib esitada kohtusse, kuhu esitati hagi, kui on täidetud vastuhagi esitamise tingimused ja vastuhagile ei ole ette nähtud erandlikku kohtualluvust. See kehtib ka juhul, kui vastuhagi tuleks üldsätete kohaselt esitada välisriigi kohtusse.
(2) Iseseisva nõudega kolmanda isiku hagi võib esitada kohtusse, kus vaadatakse läbi põhihagi.

§ 981. Kohtualluvus pankrotimenetluses

(1) Pankrotivõlgniku, pankrotihalduri ja pankrotitoimkonna liikme vastu võib pankrotimenetlusega või pankrotivaraga seotud hagi, muu hulgas vara pankrotivarast välistamise hagi, esitada ka pankroti väljakuulutanud kohtusse. Pankroti väljakuulutanud kohtusse võib esitada ka nõude tunnustamise hagi.
(2) Pankrotivõlgnik võib esitada hagi, mis on seotud pankrotivaraga, muu hulgas tagasivõitmise hagi, ka pankroti väljakuulutanud kohtusse.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

14. peatükk ERANDLIK KOHTUALLUVUS

§ 99. Kohtualluvus kinnisasja asukoha järgi

(1) Kinnisasja asukoha järgi esitatakse hagi, mille esemeks on:
1) kinnisasjale omandi, piiratud asjaõiguse või muu asjaõigusliku koormatise või selle puudumise tunnustamine või muu kinnisasjaõigusega seotud nõue;
2) kinnisasja piiri kindlaksmääramine või kinnisasja jagamine;
3) kinnisasja valduse kaitse;
4) korteriomandist tulenev asjaõiguslik nõue;
5) kinnisasja sundtäitmisega seotud nõue;
6) kinnisasja üüri- või rendilepingust või muust kinnisasja kasutamise võlaõiguslikust lepingust või selle kehtivusest tulenev nõue.
(2) Reaalservituuti, reaalkoormatist või ostueesõigust puudutav hagi esitatakse teeniva või koormatud kinnisasja asukoha järgi.

§ 100. Tüüptingimuste kasutamise lõpetamise nõue

(1) Ebamõistlikult kahjustava tüüptingimuse kasutamise lõpetamise või tingimuse soovitajalt soovitamise lõpetamise ja soovituse tagasivõtmise hagi (võlaõigusseaduse § 45) esitatakse kostja tegevuskoha järgi, selle puudumise korral kostja elu- või asukoha järgi. Kui kostjal ei ole Eestis tegevus-, elu- ega asukohta, esitatakse hagi kohtusse, kelle tööpiirkonnas tüüptingimusi kasutati. [RT I, 05.04.2013, 1 - jõust. 15.04.2013]
(2) Käesolevas seadustikus tüüptingimuse kasutamise lõpetamise nõude kohta sätestatut kohaldatakse ka võlaõigusseaduse § 45 lõikes 21 sätestatud juhul.
[RT I, 05.04.2013, 1 - jõust. 15.04.2013]

§ 101. Juriidilise isiku organi otsuse kehtetuks tunnistamise ja tühisuse tuvastamise asja kohtualluvus

Juriidilise isiku organi otsuse kehtetuks tunnistamise või tühisuse tuvastamise hagi esitatakse juriidilise isiku asukoha järgi.

§ 102. Abieluasja kohtualluvus

(1) Abieluasi on tsiviilasi, kus lahendatakse hagi, mille esemeks on:
1) abielu lahutamine;
2) abielu kehtetuks tunnistamine;
3) abielu olemasolu või puudumise tuvastamine;
4) ühisvara jagamine või muu abikaasade varalisest vahekorrast tulenev nõue;
5) abikaasa abielusuhtest tulenev muu nõue teise abikaasa vastu.
(2) Eesti kohus võib abieluasja lahendada, kui:
1) vähemalt üks abikaasa on Eesti Vabariigi kodanik või oli seda abielu sõlmimise ajal;
2) mõlema abikaasa elukoht on Eestis;
3) ühe abikaasa elukoht on Eestis, välja arvatud juhul, kui tehtavat otsust ei tunnustataks ilmselt üheski riigis, mille kodanikud abikaasad on.
(3) Eesti kohtus lahendatavas abieluasjas esitatakse hagi abikaasade ühise elukoha järgi, selle puudumisel kostja elukoha järgi. Kui kostja elukoht ei ole Eestis, esitatakse hagi poolte ühise
alaealise lapse elukoha järgi, ühise alaealise lapse puudumisel hageja elukoha järgi. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kui äraolija varale on tema teadmata kadumise tõttu seatud hooldus või kui piiratud teovõimega isikule on määratud eestkostja või kui isikule on mõistetud karistuseks vangistus, võib tema vastu esitada abielulahutushagi ka hageja elukoha järgi.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 103. Põlvnemisasja ja ülalpidamisasja kohtualluvus

(1) Põlvnemisasi on tsiviilasi, kus lahendatakse hagi, mille esemeks on põlvnemise tuvastamine või sünniaktis või rahvastikuregistris vanema kande vaidlustamine.
[RT I 2009, 30, 177 - jõust. 01.07.2010]
(2) Eesti kohus võib põlvnemisasja lahendada, kui vähemalt üks pooltest on Eesti Vabariigi kodanik või kui vähemalt ühe poole elukoht on Eestis.
(3) Eesti kohtus lahendatavas põlvnemisasjas esitatakse hagi lapse elukoha järgi. Kui lapse elukoht ei ole Eestis, esitatakse hagi kostja elukoha järgi. Kui kostja elukoht ei ole Eestis, esitatakse hagi hageja elukoha järgi.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Käesoleva paragrahvi lõigetes 2 ja 3 sätestatut kohaldatakse ka ülalpidamisasjade suhtes. Ülalpidamisasi on tsiviilasi, kus lahendatakse hagi, mille esemeks on nõue:
1) seadusest tuleneva vanema ülalpidamiskohustuse täitmiseks alaealise lapse suhtes;
2) vanematevahelise ülalpidamiskohustuse täitmiseks;
3) abikaasadevahelise ülalpidamiskohustuse täitmiseks;
4) seadusest tuleneva muu ülalpidamiskohustuse täitmiseks.

15. peatükk KOHTUALLUVUSE KOKKULEPE

§ 104. Kohtualluvuse kokkulepe

(1) Kohus võib kohtualluvuse järgi asja läbi vaadata ka juhul, kui selle kohtu alluvus on ette nähtud poolte kokkuleppega ja vaidlus on seotud mõlema poole majandus- või kutsetegevusega või kui leping on seotud ühe poole majandus- või kutsetegevusega ja teiseks pooleks on riik, kohaliku omavalitsuse üksus või muu avalik-õiguslik juriidiline isik või kui mõlemaks pooleks on avalik-õiguslik juriidiline isik.
(2) Kohtualluvuse kokkuleppe võib sõlmida ka juhul, kui ühe või kummagi poole elu- või asukoht ei ole Eestis.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Sõltumata käesoleva paragrahvi lõikes 1 sätestatust, kehtib kohtualluvuse kokkulepe ka juhul, kui:
1) selles on kokku lepitud pärast vaidluse tekkimist;
2) kohtualluvus lepiti kokku juhuks, kui kostja asub pärast kokkuleppe sõlmimist elama välisriiki või kui viib sinna üle oma tegevuskoha või asukoha või kui tema tegevus-, elu- või asukoht ei ole hagi esitamise ajal teada.
(4) Kokkulepitud kohtualluvus on erandlik, kui pooled ei ole kokku leppinud teisiti.

§ 105. Kohtualluvus, kui kostja osaleb menetluses vastuväiteid esitamata

Maakohus võib asja kohtualluvuse järgi lahendada nii rahvusvaheliselt kui Eesti kohtute seas, kui kostja vastab hagile ega vaidlusta vastuses kohtualluvust, samuti juhul, kui kostja ei vasta hagile, kuid osaleb kohtuistungil kohtualluvust vaidlustamata.

§ 106. Kohtualluvuse kokkuleppe tühisus

(1) Kohtualluvuse kokkulepe on tühine, kui:
1) see on vastuolus käesoleva seadustiku § 104 lõikes 1 sätestatuga;
2) see ei käsitle kindlat õigussuhet või sellest tulenevat vaidlust;
3) see ei ole sõlmitud kirjalikku taasesitamist võimaldavas vormis;
4) hagi esitamiseks on seaduses ette nähtud erandlik kohtualluvus;
5) üks pooltest on hea usu põhimõtte vastaselt jäetud ilma Eesti kohtualluvusest.
(2) Käesoleva paragrahvi lõike 1 punktis 4 nimetatud juhul ei või kohus asja kohtualluvuse järgi lahendada ka käesoleva seadustiku §-s 105 nimetatud menetlemise korral.

§ 107. Kohtualluvuse muutmine menetluse ajal

Esimese astme kohus võib asja määrusega üle anda teisele esimese astme kohtule, kui pooled taotlevad seda ühiselt enne esimese kohtuistungi toimumist või enne kirjalikus menetluses seisukohtade esitamiseks antud tähtaja möödumist.

16. peatükk HAGITA ASJADE KOHTUALLUVUS

§ 108. Maksekäsu kiirmenetlus

Maksekäsu kiirmenetluse asju lahendab Pärnu Maakohtu Haapsalu kohtumaja. [RT I, 29.06.2012, 3 - jõust. 01.07.2012]

§ 109. Isiku surnuks tunnistamine ja surma aja tuvastamine

(1) Eesti kohus võib tunnistada isiku surnuks ja tuvastada tema surma aja, kui:
1) teadmata kadunud isik oli temast viimase teate saamise ajal Eesti Vabariigi kodanik või kui tema elukoht oli sel ajal Eestis;
2) on olemas muu õiguslik huvi, et Eesti kohus tunnistaks isiku surnuks või tuvastaks tema surma aja.
(2) Isiku surnuks tunnistamise ja surma aja tuvastamise avaldus esitatakse teadmata kadunud isiku viimase elukoha järgi. Kui isik on jäänud teadmata kadunuks Eestis registreeritud laeva hukkumise tõttu, esitatakse avaldus laeva kodusadama järgi.
(3) Käesoleva paragrahvi lõikes 2 nimetamata juhul esitatakse isiku surnuks tunnistamise või tema surma aja tuvastamise avaldus avaldaja elu- või asukoha järgi. Kui avaldaja elu- või asukoht ei ole Eestis, esitatakse avaldus Harju Maakohtusse.
(4) Surmaaja muutmise ja surnuks tunnistamise tühistamise avaldus esitatakse surmaaja tuvastanud või isiku surnuks tunnistanud kohtusse.

§ 110. Eestkosteasjad

(1) Eestkosteasi on isikule eestkostja määramise asi ja eestkostega seotud muu asi. Eesti kohus võib lahendada eestkosteasja, kui:
1) eestkostet vajav isik või eestkostetav on Eesti Vabariigi kodanik või kui tema elukoht on
Eestis;
2) eestkostet vajav isik või eestkostetav vajab muul põhjusel Eesti kohtu kaitset, muu hulgas kui
Eestis asub tema vara.
(2) Kui eestkoste võib seada nii Eesti kui ka välisriigi kohus ja kui välisriigis on eestkostja juba määratud või eestkostja määramine on menetluses, ei pea Eestis eestkostjat määrama, kui välisriigi kohtu lahend kuulub eeldatavasti Eestis tunnustamisele ja eestkostja Eestis määramata jätmine on eestkostet vajava isiku huvides.
(3) Eestkosteasja lahendab eestkostet vajava isiku elukoha järgne kohus.
(4) Lapsele enne tema sündimist eestkostja määramise lahendab ema elukoha järgne kohus.
(5) Kui eestkostet soovitakse seada neile õdedele või vendadele, kes elavad või viibivad mitme kohtu tööpiirkonnas, määrab eestkostja noorima lapse elukoha järgne kohus. Kui eestkostemenetlus sellisel juhul juba toimub ühes kohtus, lahendab eestkosteasja see kohus.
(6) Kui eestkostet vajaval isikul ei ole Eestis elukohta või kui seda ei ole võimalik kindlaks teha, võib asja lahendada kohus, kelle tööpiirkonnas isik või tema vara kaitset vajab, või Harju Maakohus.
(7) Eestkostetavasse või tema varasse puutuva asja lahendab eestkostja määranud kohus. Mõjuval põhjusel võib asja lahendada ka eestkostetava elukoha või vara asukoha järgne kohus.

§ 111. Isiku kinnisesse asutusse paigutamine

(1) Isiku kinnisesse asutusse paigutamise asja lahendab kohus, kes on määranud isikule eestkostja või kus eestkoste asja menetletakse. Muul juhul lahendab asja kohus, kelle tööpiirkonnas asub kinnine asutus. Asja võib lahendada ka esialgset õiguskaitset kohaldanud
kohus.
[RT I, 23.02.2011, 1 - jõust. 01.09.2011]
(2) Käesoleva paragrahvi lõikes 1 nimetatud juhul kohaldatakse käesoleva seadustiku § 110 lõigetes 1 ja 2 sätestatut.
(3) Menetluses võib esialgset õiguskaitset kohaldada iga kohus, kelle tööpiirkonnas on vaja abinõu rakendada.
(4) Isiku kinnisesse asutusse paigutamisega seotud muid asju, muu hulgas kinnisesse asutusse paigutamise peatamise ja lõpetamise ning paigutamise tähtaja muutmise asju, lahendab kohus, kes lahendas isiku kinnisesse asutusse paigutamise.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 112. Äraolija varale hoolduse seadmine

(1) Äraolija varale hoolduse seadmise asja lahendab äraolija elukoha järgne kohus.
(2) Kui äraolijal ei ole Eestis elukohta, lahendab varale hoolduse seadmise asja vara, millele hooldust seada soovitakse, asukoha järgne kohus.
(3) Äraolija varale hoolduse seadmisega seotud muid asju, muu hulgas hoolduse lõpetamise ning hooldaja ja tema ülesannete muutmise asju, lahendab hooldaja määranud kohus.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 113. Lapsendamine

(1) Lapsendamisasja võib lahendada Eesti kohus, kui lapsendaja, üks lapsendavatest
abikaasadest või laps on Eesti Vabariigi kodanik või kui lapsendaja, ühe lapsendava abikaasa või lapse elukoht on Eestis.
(2) Lapsendamist käsitlev avaldus esitatakse lapsendatava elukoha järgi. Kui lapsendataval ei ole Eestis elukohta, esitatakse avaldus Harju Maakohtusse.
(3) Lapsendamise kehtetuks tunnistamise asja lahendab lapsendamise otsustanud kohus.

§ 114. Alaealise teovõime laiendamine

(1) Alaealise teovõime laiendamise asja võib lahendada Eesti kohus, kui alaealine on Eesti
Vabariigi kodanik või kui tema elukoht on Eestis.
(2) Alaealise teovõime laiendamise ja teovõime laiendamise tühistamise avaldus esitatakse alaealise elukoha järgi. Kui alaealisel ei ole Eestis elukohta, esitatakse avaldus Harju Maakohtusse.

§ 115. Põlvnemise tuvastamine ja vanema kande vaidlustamine pärast isiku surma

Kui isik taotleb, et tuvastataks põlvnemine isikust, kes on surnud, või kui isik vaidlustab vanema kande lapse sünniaktis või rahvastikuregistris pärast vanemana sünniakti või rahvastikuregistrisse kantu surma, esitatakse avaldus kohtule selle isiku, kellest põlvnemise tuvastamist taotletakse või kelle kohta sünniakti või rahvastikuregistrisse tehtud kannet vaidlustatakse, viimase elukoha järgi. Kui isiku viimane elukoht ei olnud Eestis või on teadmata, esitatakse avaldus Harju Maakohtusse.
[RT I 2009, 30, 177 - jõust. 01.07.2010]

§ 116. Muud hagita perekonnaasjad

(1) Käesolevas jaos nimetamata hagita perekonnaasjades kohaldatakse vastavalt käesoleva seadustiku §-s 110 sätestatut, kui seadusest või asja olemusest ei tulene teisiti.
(2) Abikaasade või lahutatud abikaasade vahelist õigussuhet käsitlevat hagita asja lahendab kohus, kelle tööpiirkonnas on abikaasade ühine elukoht või kus viimati oli nende ühine elukoht.
(3) Kui abikaasadel ei ole käesoleva paragrahvi lõikes 2 nimetatud juhul Eestis olnud ühist elukohta või kui kummagi abikaasa elukoht ei ole enam viimase ühise elukoha järgse kohtu tööpiirkonnas, lahendab asja selle abikaasa elukoha järgne kohus, kelle õigust taotletava määrusega kitsendataks. Kui selle abikaasa elukoht ei ole Eestis või kui elukohta ei saa kindlaks teha, lahendab asja avaldaja elukoha järgne kohus.
(4) Kui kohtualluvust ei saa käesoleva paragrahvi lõike 2 või 3 alusel kindlaks teha, lahendab asja Harju Maakohus.
(5) Hagita perekonnaasjas võib esialgset õiguskaitset kohaldada iga kohus, kelle tööpiirkonnas on vaja abinõu rakendada.

§ 117. Pärandvara hoiumeetmete rakendamine

(1) Eestis asuva pärandvara hoiumeetmeid võib Eesti kohus rakendada sõltumata sellest, millise maa seaduse järgi pärimine toimub ja millise maa ametiasutus või -isik võib pärandimenetluse kohtualluvuse järgi üldiselt läbi viia.
(2) Pärandvara hoiumeetmeid rakendab pärandi avanemise koha järgne kohus. Kui pärand avaneb välisriigis ja pärandvara asub Eestis, võib pärandi hoiumeetmeid rakendada vara asukoha järgne kohus.

§ 118. Üleskutseasjade kohtualluvus

(1) Väärtpaberi kehtetuks tunnistamise avaldus esitatakse kohtule väärtpaberi lunastamise koha järgi, lunastamiskoha puudumisel aga väärtpaberi väljaandja üldise kohtualluvuse järgi.
(2) Kinnisasja omaniku õiguste välistamiseks üleskutsemenetluse algatamise avalduse esitab kinnisasja valdaja asjaõigusseaduse §-s 124 sätestatu kohaselt kohtule, kelle tööpiirkonnas kinnisasi asub.
(3) Laeva asjaõigusseaduse §-s 13 ettenähtud juhul esitab õigustatud isik üleskutsemenetluse algatamise avalduse laevaomaniku õiguste välistamiseks Harju Maakohtusse.
(4) Üleskutsemenetluse algatamise avalduse teadmata hüpoteegipidaja õiguste välistamiseks (asjaõigusseaduse § 331) esitab koormatud kinnisasja omanik kohtusse, kelle tööpiirkonnas asub koormatud kinnisasi. Koormatud laeva omanik või registerpandiga koormatud pandieseme omaja esitab teadmata laevahüpoteegi või registerpandi pidaja õiguste välistamise avalduse laeva asjaõigusseaduse § 59 kohaselt Harju Maakohtusse.
[RT I 2009, 30, 178 - jõust. 01.10.2009]

§ 119. Registriasjade ja muude eraõiguslikku juriidilist isikut puudutavate hagita asjade kohtualluvus

(1) Äriregistrisse kande tegemiseks esitatakse avaldus äriühingu asukoha või füüsilisest isikust ettevõtja ettevõtte asukoha järgi. Mittetulundusühingute ja sihtasutuste registri pidajale esitatakse avaldus mittetulundusühingu või sihtasutuse asukoha järgi.
(2) Kinnistusraamatusse kande tegemiseks esitatakse avaldus kinnistu asukoha järgi. Laevakinnistusraamatusse kande tegemiseks esitatakse avaldus laeva kodusadama, teisaldatava laeva asukoha või ehitatava laeva ehituskoha järgi.
(3) Kommertspandiregistrisse kande tegemiseks esitatakse avaldus pantija asukoha järgi, füüsilisest isikust ettevõtja puhul tema ettevõtte asukoha järgi.
(4) Abieluvararegistrisse kande tegemiseks esitatakse avaldus abikaasa elukoha järgi.
(5) Äriühingu, mittetulundusühingu ja sihtasutuse tegevusse puutuvaid muid hagita asju kui registriasju, muu hulgas juhatuse ja nõukogu asendusliikme, audiitori, erikontrolli läbiviija ja likvideerija määramise ning äriühingu osanikele ja aktsionäridele hüvitise suuruse määramise asju, lahendab registriasjade lahendamiseks õigustatud kohus.

§ 120. Korteriomandi- ja kaasomandiasjad

Hagita korteriomandi- või kaasomandiasja lahendab kinnisasja asukoha järgne kohus.

§ 1201. Avalikult kasutatavale teele juurdepääsu ja tehnorajatise talumise asjad

Avalikult kasutatavale teele juurdepääsu asja ja tehnorajatise talumise asja lahendab selle kinnisasja asukoha järgne kohus, millelt juurdepääsu avalikule teele taotletakse või millel paikneb tehnorajatis.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 121. Välisriigi kohtu- ja vahekohtulahendite tunnustamise ja täitmise asjad

Välisriigi kohtu- ja vahekohtulahendite tunnustamise ja täitmise avaldus, nõukogu määruse (EÜ) nr 4/2009 kohtualluvuse, kohaldatava õiguse, kohtuotsuste tunnustamise ja täitmise ning koostöö kohta ülalpidamiskohustuste küsimustes artiklites 19 ja 21 nimetatud avaldus või muu avaldus täitemenetluses esitatakse võlgniku elu- või asukoha järgi või kohtule, kelle tööpiirkonnas soovitakse korraldada täitemenetlust, kui seadusest või välislepingust ei tulene teisiti.
[RT I, 14.03.2011, 2 - jõust. 18.06.2011]

§ 1211. Lepitusmenetluse tulemusel sõlmitud kokkuleppe täidetavaks tunnistamise asjad

Lepitusseaduse § 14 lõikes 1 nimetatud lepitusmenetluse tulemusel sõlmitud kokkuleppe tunnistab täidetavaks kohus, kelle tööpiirkonnas lepitusmenetlus toimus.
[RT I 2009, 59, 385 - jõust. 01.01.2010]

3. osa TSIVIILASJA HIND, MENETLUSKULUD JA TAGATISED

17. peatükk TSIVIILASJA HIND

§ 122. Tsiviilasja hind

(1) Tsiviilasja hind on hagihind ja hagita asja hind.
(2) Hagihind on hagiasjas hagis taotletu harilik väärtus.
(3) Hagita asja hind on hagita asjas avaldusega taotletu või kohtu omal algatusel tehtud toimingu harilik väärtus.
(4) Tsiviilasja hinda määrates ei arvestata menetluskulusid.

§ 123. Tsiviilasja hinna arvestamisel aluseks võetav aeg

Tsiviilasja hinna arvestamisel võetakse aluseks hagi või muu avalduse esitamise aeg. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 124. Hagihind rahalise nõude puhul

(1) Raha maksmisele suunatud hagi puhul määratakse hagihind nõutava rahasummaga. Välisvääringus nõue arvestatakse hagihinna määramiseks ümber eurodesse hagi esitamise aja seisuga Euroopa Keskpanga päevakursi alusel.
[RT I 2010, 22, 108 - jõust. 01.01.2011]
(2) Kui hageja nõuab kostjalt muu kui rahalise kohustuse täitmist ning ühtlasi kahjuhüvitise kindlaksmääramist kohustuse täitmata jätmise juhuks, määratakse hagihind nõutava kahjuhüvitise suurusega.
(3) Käesoleva paragrahvi lõikes 1 sätestatut kohaldatakse ka hagita menetluses maksekäsu kiirmenetluse avalduse esitamisel.

§ 125. Tuvastushagi hind

Tuvastushagi hind määratakse hüve väärtusega, mida hageja on eeldatavalt õigustatud saama hagi rahuldamise korral. Kui hüve väärtust ei ole võimalik kindlaks määrata, loetakse haginõue mittevaraliseks.

§ 126. Hagihind asja või õigusega seotud nõude puhul

(1) Isiku valdusest asja väljanõudmise või asja omandi üleandmise või asja kuuluvuse või valduse üle toimuva muu vaidluse puhul, muu hulgas kinnistusraamatusse tehtud ebaõige omanikukande parandamise vaidluse puhul, määratakse hagihind asja väärtusega. See kehtib sõltumata sellest, kas asi lahendatakse lepingu või lepinguvälise õigussuhte alusel, kui seadusest ei tulene teisiti.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Õiguse üle peetavas vaidluses määratakse hagihind õiguse väärtusega. (21) [Kehtetu - RT I, 29.06.2012, 3 - jõust. 01.07.2012]
(3) Nõude tagamise ja selle tagatiseks oleva pandiõiguse üle toimuva vaidluse korral määratakse hagihind nõude suurusega. Kui pandieseme väärtus on nõude väärtusest väiksem, lähtutakse eseme väärtusest.
[RT I, 29.06.2012, 3 - jõust. 01.07.2012]

§ 127. Hagihind reaalservituudiga seotud vaidluse puhul

Reaalservituudiga seotud või sellest tulenevas vaidluses määratakse hagihind väärtusega, mida servituut omab valitseva kinnisasja jaoks. Kui summa, mille võrra reaalservituut vähendab teeniva kinnisasja väärtust, on sellest väärtusest suurem, loetakse hagihinnaks summa, mille võrra reaalservituut vähendab teeniva kinnisasja väärtust.

§ 128. Hagihind kasutuslepingu puhul

Üüri- või rendilepingu või muu sellesarnase kasutuslepingu kehtivuse või kestuse üle peetava vaidluse korral on hagihind vaidlusalusele ajale, kuid mitte pikemale ajale kui ühele aastale, langevate kasutustasude kogusumma. Lepingu lõppemise tõttu kinnisasja, ehitise või selle osa valduse väljaandmise üle peetava vaidluse korral on hagihind ühe aasta kasutustasude kogusumma.

§ 129. Hagihind korduva kohustuse puhul

(1) Korduvate kohustuste täitmisele suunatud nõude üle toimuvas vaidluses on hagihind kohustuste koguväärtus, kuid mitte suurem kui kohustuste aastase koguväärtuse kolmekordne summa.
(2) Seadusest tuleneva ülalpidamiskohustuse täitmise üle peetava vaidluse ning surma põhjustamisest, kehavigastuse tekitamisest või tervise kahjustamisest tulenevate perioodiliste rahaliste maksete nõude üle peetava vaidluse korral on hagihinnaks nõutavate maksete kogusumma, kuid mitte suurem kui hagi esitamisele järgneva üheksa kuu eest saadav summa.

§ 130. Hagihind tüüptingimuste kasutamise lõpetamise vaidluse puhul

[Kehtetu - RT I, 29.06.2012, 3 - jõust. 01.07.2012]

§ 131. Hagihind juriidilise isiku otsuse kehtetuks tunnistamise ja tühisuse tuvastamise puhul

[Kehtetu - RT I, 29.06.2012, 3 - jõust. 01.07.2012]

§ 132. Hagihind mittevaralise nõude puhul

(1) Mittevaralise nõude puhul eeldatakse, et hagihind on 3500 eurot, kui käesoleva paragrahvi lõikes 11 ei ole ette nähtud teisiti.
[RT I, 29.06.2012, 3 - jõust. 01.07.2012]
(11) Käesoleva paragrahvi lõikes 4 sätestatud mittevaralise nõude puhul loetakse, et hagihind on
3500 eurot.
[RT I, 29.06.2012, 3 - jõust. 01.07.2012]
(2) Kohus võib määrata mittevaralise nõude puhul hagihinna erinevalt käesoleva paragrahvi lõikes 1 sätestatust, arvestades kõiki asjaolusid, muu hulgas asja ulatust ja tähtsust ning poolte varalist seisundit ja sissetulekut.
(3) Hagihinna tähenduses loetakse mittevaraliseks nõudeks ka surma põhjustamise, kehavigastuse tekitamise, tervise kahjustamise või au teotamisega tekitatud mittevaralise kahju hüvitamise nõue, kui nõutava hüvitise summa on hagis märkimata jäetud ja taotletakse õiglast hüvitist kohtu äranägemisel.
(4) Hagihinna tähenduses loetakse mittevaraliseks ka järgmised nõuded:
1) valduse kaitse nõue (asjaõigusseaduse §-d 44 ja 45);
2) omandi kaitse nõue valduse kaotusega mitteseotud rikkumise korral (asjaõigusseaduse § 89);
3) kinnistusraamatusse kantud kinnisasja omaniku nõue, mis on suunatud kinnisasja väljanõudmisele ebaseaduslikust valdusest oma valdusse, välja arvatud käesoleva seadustiku §
128 teises lauses sätestatud juhul;
4) kaasomandi lõpetamise nõue;
5) ühisvara jagamise nõue;
6) soetisvara tasaarvestamise nõue;
7) ebamõistlikult kahjustava tüüptingimuse kasutamise lõpetamise või tingimuse soovitajalt soovitamise lõpetamise ja soovituse tagasivõtmise nõue;
8) juriidilise isiku organi otsuse kehtetuks tunnistamise ja otsuse tühisuse tuvastamise nõue;
9) pankrotimenetluse nõude tunnustamise nõue. [RT I, 29.06.2012, 3 - jõust. 01.07.2012]
(5) Mittevaraliseks loetakse hagihinna tähenduses ka sundtäitmise lubamatuks tunnistamise nõuet. Kohus ei või määrata sellise nõudega hagi hinnaks enam kui 6000 eurot.
[RT I, 29.06.2012, 3 - jõust. 01.07.2012]

§ 133. Hagihinna määramine põhi- ja kõrvalnõude järgi

(1) Hagihind arvutatakse põhinõude ja kõrvalnõuete järgi.
(2) Käesoleva seadustiku §-s 367 sätestatud kõrvalnõude hagihinna arvutamisel liidetakse hagi esitamise seisuga arvestatud viivise summale summa, mis vastab ühe aasta eest arvestatud viivise summale.
[RT I, 29.06.2012, 3 - jõust. 01.07.2012]

§ 134. Nõuete liitmine hagihinna arvestamisel

(1) Hagihinda arvutades liidetakse ühes hagis sisalduvad nõuded. Kui nõuded on alternatiivsed, määratakse hagihind suurema nõude järgi.
(2) Kui hagi esitatakse mitme solidaarselt vastutava kostja vastu või kui ühises hagiavalduses on mitu hagejat esitanud ühise nõude sama kostja vastu, määratakse hagihind nõude väärtuse järgi.
(3) Kui tuvastusnõue esitatakse koos sellega seotud varalise nõudega, loetakse hagihinnaks üksnes varalise nõude hind.

§ 135. Tsiviilasja hinna nimetamine avaldaja poolt

Tsiviilasja hinna nimetab hageja või muu avaldaja hagis või muus avalduses või kaebuses, kui hind ei tulene selgelt avalduse esemest või varasemast avaldusest ega ole seaduses täpselt kindlaks määratud.

§ 136. Tsiviilasja hinna määramine kohtu poolt

(1) Tsiviilasja hinna määrab kohus, kui hinda ei ole ette nähtud seaduses ja see ei nähtu ka avaldusest. Kohus võib määrata tsiviilasja hinna ka siis, kui ta leiab, et hageja või muu avaldaja nimetatud hind ei vasta tegelikkusele.
(2) Tsiviilasja hinna määramiseks võib kohus nõuda menetlusosalistelt tõendeid või korraldada vaatluse või määrata hindamise eksperdi poolt.
(3) Eksperdi hindamiskulude kandmine nähakse ette tsiviilasja hinna kindlakstegemise määruses. Kulud võib täielikult või osaliselt jätta selle poole kanda, kes põhjustas hindamise vajaduse asja hinna nimetamata jätmise, ebaõige hinna avaldamise või avaldatud hinna põhjendamatu vaidlustamisega.
(4) Tsiviilasja hinna kohta tehtud määrust võib kohus muuta kuni asja lahendamiseni selles kohtuastmes. Kohus võib hinda muuta ka asja lahendava kohtulahendiga.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) [Kehtetu - RT I, 29.06.2012, 3 - jõust. 01.07.2012]

§ 137. Tsiviilasja hind kaebuse esitamisel

(1) Apellatsioon-, kassatsioon- või määruskaebuse esitamise puhul on tsiviilasja hind sama, mis esimeses kohtuastmes, arvestades kaebuse ulatust.
(11) Kõrgema astme kohus võib asja hinda muuta, kui see on alama astme kohtus määratud ebaõigesti.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kui pool on edasi kaevanud otsuse nii hagi kui vastuhagi osas, liidetakse kaevatava otsusega lahendatud hagi ja vastuhagi hind kaebuse esitamisel, kui haginõuded teineteist ei välista. Kui haginõuded teineteist välistavad, lähtutakse suurema hinnaga hagist.
(3) Mitme menetlusosalise ühise kaebuse hinna määramisel võetakse aluseks kaebuses taotletu väärtus.
(4) [Kehtetu - RT I, 29.06.2012, 3 - jõust. 01.07.2012]
(5) Dokumendimenetluses tehtud otsuse, samuti vaheotsuse ja tasaarvestuse reservatsiooniga tehtud osaotsuse peale apellatsioon- või kassatsioonkaebuse esitamisel eeldatakse, et asja hind on
1/4 asja hinnast esimeses kohtuastmes. [RT I 2008, 59, 330 - jõust. 01.01.2009]

18. peatükk MENETLUSKULUD

1. jagu Üldsätted

§ 138. Menetluskulude koosseis ja arvestus

(1) Menetluskulud on menetlusosaliste kohtukulud ja kohtuvälised kulud. (2) Kohtukulud on riigilõiv, kautsjon ning asja läbivaatamise kulud.
(3) Igas kohtuastmes peab kohus arvestust asjas kantud menetluskulude, muu hulgas asja läbivaatamise kulude kohta.

§ 139. Riigilõiv

(1) Riigilõiv on menetlustoimingu tegemise eest seaduse kohaselt Eesti Vabariigile tasutav rahasumma.
(2) Riigilõivu tuleb tasuda menetlustoimingult, mille tegemise eest on riigilõivuseaduses sätestatud riigilõiv.
[RT I, 29.06.2012, 3 - jõust. 01.07.2012]
(21) Kui riigilõivuseaduse kohaselt on avalduse või kaebuse esitamisel elektrooniliselt veebilehe www.e-toimik.ee kaudu e-toimiku menetlemise infosüsteemi (edaspidi veebilehe www.e- toimik.ee kaudu) sätestatud riigilõivu täismäärast madalam riigilõivumäär ning menetlusosalisel ei ole mõjuval põhjusel võimalik avaldust või kaebust elektrooniliselt nimetatud veebilehe kaudu esitada, võimaldab kohus põhistatud taotluse alusel menetlustoimingu tegemist madalama riigilõivumääraga.
[RT I, 29.06.2012, 3 - jõust. 01.07.2012]
(3) [Kehtetu - RT I, 29.06.2012, 3 - jõust. 01.07.2012] (4) [Kehtetu - RT I, 29.06.2012, 3 - jõust. 01.07.2012]
(5) Riigilõivu ei tasuta menetluse algatamise avalduselt hagita asjas, mille kohus võib lahendada omal algatusel. See ei välista riigilõivu tasumist kohtulahendi alusel.
(6) Riigilõivu ei tasuta menetlusabi taotluselt.

§ 140. Kassatsioonikautsjon

(1) Riigikohtule esitatavalt kassatsioon- või määruskaebuselt ja teistmise avalduselt tasutakse riigilõivu asemel kassatsioonikautsjon.
(2) Kassatsioonkaebuselt ja teistmisavalduselt tasutakse kautsjonina üks protsent tsiviilasja hinnast, arvestades kaebuse ulatust, kuid mitte alla 100 euro ja mitte üle 3000 euro. Hagita asjas, mittevaralise nõude hagi asjas, samuti määruskaebuselt tasutakse kautsjonina 50 eurot.
[RT I, 29.06.2012, 3 - jõust. 01.07.2012]

§ 141. [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 142. Kaja, menetluse taastamise ja tähtaja ennistamise kautsjon

(1) Kajalt, menetlustähtaja ennistamise avalduselt ja menetluse taastamise avalduselt tasutakse riigilõivu asemel kautsjon.
(2) Kaja ja menetluse taastamise avalduse kautsjonina tasutakse summa, mis vastab riigilõivule poolelt hagihinnalt, kuid mitte vähem kui 100 eurot ja mitte rohkem kui 1500 eurot.
(3) Menetlustähtaja ennistamise avalduselt tasutakse kautsjonina summa, mis:
1) hagimenetluses vastab riigilõivule veerandilt hagihinnalt, kuid mitte vähem kui 50 eurot ja mitte rohkem kui 1500 eurot;
2) hagita menetluses vastab veerandile hagita asja riigilõivule, kuid mitte vähem kui 25 eurot. [RT I, 29.06.2012, 3 - jõust. 01.07.2012]

§ 143. Asja läbivaatamise kulud

Asja läbivaatamise kulud on:
1) tunnistaja-, eksperdi- ja tõlgikulud ning kohtuekspertiisiseaduse alusel hüvitatavad menetlusvälisel isikul seoses ekspertiisi tegemisega tekkinud kulud;
[RT I 2010, 8, 35 - jõust. 01.03.2010]
2) dokumentaalse tõendi ja asitõendi saamise kulud;
3) vaatluse kulud, muu hulgas sellega seotud vajalikud kohtu sõidukulud;
4) menetlusdokumentide kohtutäituri vahendusel ning välisriigis ja eksterritoriaalsetele Eesti
Vabariigi kodanikele kättetoimetamise ja edastamise kulud; [RT I 2008, 59, 330 - jõust. 01.01.2009]
41) menetlusdokumentide väljastamise kulud; [RT I 2008, 59, 330 - jõust. 01.01.2009]
5) [kehtetu - RT I, 29.06.2012, 3 - jõust. 01.07.2012]
6) tsiviilasja hinna määramise kulud.

§ 144. Kohtuvälised kulud

Kohtuvälised kulud on:
1) menetlusosaliste esindajate ja nõustajate kulud;
2) menetlusosaliste sõidu-, posti-, side-, majutus- ja muud sellesarnased kulud, mis on kantud seoses menetlusega;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
3) menetlusosaliste saamata jäänud töötasu või muu püsiv sissetulek;
4) seaduses sätestatud kohtueelse menetluse kulud, välja arvatud juhul, kui hagi on esitatud hiljem kui kuus kuud pärast kohtueelse menetluse lõppu;
5) kohtutäituri tasu hagi tagamise eest ja hagi tagamise määruse täitmise kulud;
51) kohtutäituri tasu menetlusdokumentide kättetoimetamise eest; [RT I, 29.06.2012, 3 - jõust. 01.07.2012]
6) menetluskulude kandmisel menetlusabi taotlemise avalduse menetlemise kulud.
7) maksekäsu kiirmenetluse kulud;
[RT I, 29.06.2012, 3 - jõust. 01.07.2012]
8) lepitusmenetluses osalemise kulud juhul, kui kohus on kohustanud pooli osalema selles vastavalt käesoleva seaduse § 4 lõikele 4 või kui on tegu kohustusliku kohtueelse lepitusmenetlusega vastavalt lepitusseaduse § 1 lõikele 4.
[RT I 2009, 59, 385 - jõust. 01.01.2010]

§ 145. Riigilõivu ja kautsjoni tasumisest vabastamine

Riigilõivu ja kautsjoni tasumisest on vabastatud Eesti Vabariik kui menetlusosaline. [RT I 2005, 39, 308 - jõust. 01.01.2006]

2. jagu Menetluskulude kandmine

§ 146. Menetluskulude kandjad

(1) Menetluskulud kannab:
1) menetluse algatamist või muu menetlustoimingu tegemist taotlenud isik;
2) isik, kes on kulud võtnud enda kanda kohtule esitatud avaldusega või kokkuleppega;
3) isik, kelle kanda jäävad menetluskulud kohtulahendi alusel.
(2) Kui menetluskulusid ette maksma kohustatud isikud ei ole kulusid maksnud, vastutavad nad maksmata kulude ulatuses solidaarselt nii omavahel kui isikuga, kellelt need kulud riigi kasuks kohtulahendiga on välja mõistetud, samuti muu menetluskulude kandmiseks kohustatud isikuga.
(3) Menetluskulude kandmiseks kohustatud isikute omavahelises suhtes vastutab menetluskulude kandmise eest isik, kelle kanda jäävad menetluskulud kohtulahendi alusel.

§ 147. Riigilõivu tasumine

(1) Avaldaja maksab riigilõivu lõivustatud toimingu tegemiseks ette. Enne riigilõivu tasumist ei toimetata hagi kostjale kätte ega tehta muid lõivustatud toimingust tulenevaid menetlustoiminguid. Avaldajale määratakse tähtaeg riigilõivu tasumiseks ja riigilõivu
tähtpäevaks tasumata jätmise korral jäetakse avaldus menetlusse võtmata, kui seaduses ei ole ette nähtud teisiti.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kui ühes avalduses on esitatud mitu nõuet või taotlust ja vähemalt ühe eest on riigilõiv tasutud, ei või seda nõuet või taotlust jätta riigilõivu tasumata jätmise tõttu menetlusse võtmata. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kui menetlusse võetud nõudelt on riigilõivu tasutud seaduses sätestatust vähem, nõuab kohus riigilõivu tasumist seaduses sätestatud suuruses. Kui hageja jätab riigilõivu kohtu määratud tähtpäevaks maksmata, jätab kohus hagi selle nõude osas läbi vaatamata.
(4) Nõude suurendamise korral tasutakse täiendavat riigilõivu hagihinna suurenemise järgi. Kui nõude suurendamise avaldust ei esitata veebilehe www.e-toimik.ee kaudu, tasutakse riigilõivu suurenenud hagihinna täismäära järgi. Kui nõude suurendamise avaldus esitatakse veebilehe www.e-toimik.ee kaudu, tasutakse riigilõivu suurenenud hagihinnale vastava täismäära madalama riigilõivumäära järgi. Kui hageja täiendavat riigilõivu ei tasu, loetakse hagi esitatuks esialgses suuruses.
[RT I, 29.06.2012, 3 - jõust. 01.07.2012]
(41) Käesoleva paragrahvi lõigetes 3 ja 4 sätestatut kohaldatakse vastavalt hagita menetluses avalduselt või kaebuselt riigilõivu tasumisele.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Maksekäsu kiirmenetluse hagimenetluseks ülemineku korral tasutakse hagilt täiendav riigilõiv ulatuses, mis ei ole kaetud maksekäsu kiirmenetluse avalduse esitamiselt tasutud riigilõivuga. Maksekäsu kiirmenetluse hagimenetluseks ülemineku avalduse esitamisel ei võeta asja hagimenetlusse enne hagilt riigilõivu tasumist.
[RT I 2006, 61, 457 - jõust. 01.01.2007]

§ 148. Asja läbivaatamise kulude tasumine

(1) Asja läbivaatamise kulud tasub kohtu määratud ulatuses ette menetlusosaline, kes esitas taotluse, millega kulud kaasnevad, kui kohus ei määra teisiti. Kui taotluse on esitanud mõlemad pooled või kui tunnistajad ja eksperdid kutsutakse välja või vaatlus tehakse kohtu algatusel, tasuvad pooled kulud võrdselt.
(2) [Kehtetu - RT I, 29.06.2012, 3 - jõust. 01.07.2012]
(3) Käesoleva paragrahvi lõigetes 1 ja 2 nimetatud kulude katteks makstakse raha selleks ettenähtud kontole või tasutakse kohtus sularahas või elektroonilise maksevahendiga. Sularaha võetakse kohtus vastu samas ulatuses nagu riigilõivu.
[RT I, 31.01.2014, 6 - jõust. 01.04.2014]
(4) Kui pool, kes pidi ette maksma käesoleva paragrahvi lõigetes 1 ja 2 nimetatud kulud, seda kohtu määratud tähtpäevaks ei teinud, võib kohus jätta taotletava toimingu tegemata.
(5) Kohtu määruse peale kohtu tegevuse sõltuvaks tegemise kohta asja läbivaatamise kulude ettetasumisest võib esitada määruskaebuse, kui kaebuse ese ületab 640 eurot. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
[RT I 2010, 22, 108 - jõust. 01.01.2011]
(6) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 149. Kautsjoni tasumine ja tagastamine

(1) [Kehtetu - RT I, 29.06.2012, 3 - jõust. 01.07.2012] (2) Kautsjon makstakse ette selleks ettenähtud kontole.
[RT I, 31.01.2014, 6 - jõust. 01.04.2014]
(3) Enne kautsjoni tasumist ei tehta kautsjoniga seotud menetlustoiminguid. Avaldajale määratakse tähtaeg kautsjoni tasumiseks ja kautsjoni tähtpäevaks tasumata jätmise korral jäetakse avaldus menetlusse võtmata.
(4) Riigikohtule esitatud kassatsioon- või määruskaebuse või teistmisavalduse osalise või täieliku rahuldamise korral tagastatakse kautsjon Riigikohtu lahendi alusel. Kaebuse või teistmisavalduse menetlusse võtmata jätmise või rahuldamata jätmise korral arvatakse kautsjon riigituludesse. Kautsjon tagastatakse, kui kaebus või teistmisavaldus jäetakse menetlusse võtmata, kuna see ei vasta vorminõuetele või on esitatud muude puudustega ja puudust ei kõrvaldata kohtu määratud ajaks, samuti siis, kui kaebus, teistmisavaldus, hagi või hagita menetluse avaldus jäetakse läbi vaatamata või asja menetlus lõpetatakse.
(5) Kaja, menetluse taastamise või menetlustähtaja ennistamise avalduse osalise või täieliku rahuldamise korral tagastatakse kautsjon kohtumääruse alusel. Avalduse rahuldamata jätmise korral arvatakse kautsjon riigituludesse. Kautsjon tagastatakse ka juhul, kui avaldus jäetakse menetlusse võtmata, samuti siis, kui avaldus või hagi jäetakse läbi vaatamata või asja menetlus lõpetatakse.
(51) Kautsjonit ei tagastata kaja osalise või täieliku rahuldamise korral ja see arvatakse riigituludesse, kui hagi või kohtukutse toimetati kätte käesolevas seadustikus sätestatud nõuete kohaselt, sealhulgas kui see toimetati kätte avalikult, ning hagi võis tagaseljaotsusega rahuldada. Kohus võib eelnimetatud juhul kautsjoni tagastada, kui kostja ei saanud hagile vastata või kohtuistungile ilmuda õnnetusjuhtumi või haigestumise tõttu, millest kostjal ei olnud võimalik kohut teavitada.
[RT I, 29.06.2012, 3 - jõust. 01.07.2012]
(6) Kautsjoni võib peale selleks ettenähtud kontole tasumise tasuda ka kohtus sularahas või elektroonilise maksevahendiga. Sularaha võetakse kohtus vastu samas ulatuses nagu riigilõivu. [RT I, 31.01.2014, 6 - jõust. 01.04.2014]
(7) Kautsjon tagastatakse enam tasutud osas, kui kautsjoni on tasutud ettenähtust rohkem.
(8) Kautsjon tagastatakse avalduse lahendanud kohtu määruse alusel menetlusosalisele, kes selle tasus või kelle eest see tasuti, või tema korraldusel muule isikule. Asja läbivaatamise kulusid tagastatavast summast maha ei arvata. Sellise avalduse või kaebuse esitamisel, millelt tuleb maksta kautsjonit, tuleb avalduses või kaebuses märkida, kellele ja millisele pangakontole tuleb kautsjon tagastada.
(9) Kautsjoni tagastamise nõue lõpeb kahe aasta möödumisel selle aasta lõpust, millal kautsjon tasuti, kuid mitte enne menetluse jõustunud lahendiga lõppemist.
(10) Maakohtu või ringkonnakohtu kautsjoni tagastamisest keeldumise määruse peale võib esitada määruskaebuse, kui kautsjon, mille tagastamist taotletakse, ületab 64 eurot. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata. [RT I 2010, 22, 108 - jõust. 01.01.2011]
(11) Kautsjoni hüvitamist ei saa menetlust lõpetavast kohtulahendist sõltumata nõuda vastaspoolelt või muult menetlusosaliselt.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 150. Riigilõivu ja muude kohtukulude tagastamine

(1) Tasutud riigilõiv tagastatakse:
1) enam tasutud osas, kui riigilõivu on tasutud ettenähtust rohkem;
2) kui avaldust ei võeta menetlusse;
3) kui avaldus jäetakse läbi vaatamata, välja arvatud juhul, kui hagi jäetakse läbi vaatamata seetõttu, et hageja võtab hagi tagasi, kumbki pool või hageja ei ilmu kohtuistungile, hageja ei täida kohtu nõuet leida endale tõlk või eesti keelt oskav esindaja või hageja ei anna kohtu määratud tähtaja jooksul tagatist kostja eeldatavate menetluskulude katteks;
4) kui maksekäsu kiirmenetluse avaldus jäetakse rahuldamata käesoleva seadustiku § 483 lõike
2 punktides 1 ja 2 sätestatud juhul;
5) määruskaebuse esitajale või tööstusomandi apellatsioonikomisjoni otsuse peale maakohtule kaebuse esitajale kaebuse rahuldamise korral, kui menetluses ei osale teisi menetlusosalisi või kui kohus ei jäta riigilõivu mõne teise menetlusosalise kanda;
6) määruskaebuse esitajale menetlustähtaja ennistamata jätmise määruse peale esitatud määruskaebuse rahuldamise korral.
(2) Pool menetluses tasutud riigilõivust tagastatakse, kui:
1) pooled või hagita menetluse osalised sõlmivad kompromissi;
2) hageja loobub hagist;
3) pooled loobuvad enne esimese astme kohtu otsuse tervikuna avalikkusele teatavaks tegemist apellatsioonkaebuse esitamise õigusest.
(3) Avalduse läbi vaatamata jätmisel või menetluse lõpetamisel kompromissi kinnitamise või hagist loobumise tõttu ei tagastata eelnevas kohtuastmes tasutud riigilõivu.
(4) Riigilõivu tagastab kohus, kelle menetluses asi viimati oli, üksnes selle menetlusosalise avalduse alusel, kes riigilõivu tasus või kelle eest riigilõiv tasuti. Käesoleva paragrahvi lõike 1 punktides 2 ja 3 nimetatud juhul arvatakse tagastatavast summast maha asja läbivaatamise kulud. Riigilõiv tagastatakse menetlusosalisele, kes selle pidi tasuma, või tema korraldusel muule isikule.
(5) Hageja hagist loobumine ei piira kostja õigust nõuda hagejalt tema menetluskulude, muu hulgas tasutud riigilõivu tervikuna väljamõistmist käesoleva seadustiku § 168 lõikes 4 sätestatud korras.
(6) Riigilõivu tagastamise nõue lõpeb kahe aasta möödumisel selle aasta lõpust, millal riigilõiv tasuti, kuid mitte enne menetluse jõustunud lahendiga lõppemist.
(7) Kohtu nõudel menetlusosalise poolt või tema eest tasutud asja läbivaatamise kulud tagastatakse enam tasutud ulatuses, samuti juhul, kui toiming, mille kulud ette tasuti, jääb tegemata või kui riik toiminguga seoses kulusid ei kanna. Tasutu tagastatakse käesoleva paragrahvi lõigetes 4–6 sätestatud korras.
(8) Maakohtu või ringkonnakohtu riigilõivu või asja läbivaatamise kulude tagastamisest keeldumise määruse peale võib esitada määruskaebuse, kui summa, mille tagastamist taotletakse,
ületab 64 eurot. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
[RT I 2010, 22, 108 - jõust. 01.01.2011]

3. jagu Tunnistaja-, eksperdi- ja tõlgikulud ning muud tõendamisega seotud kulud

§ 151. Tunnistajale, eksperdile ja tõlgile makstav tasu

(1) Käesolevas jaos sätestatu kohaselt makstakse tasu menetluses osalenud tunnistajale, eksperdile ja tõlgile.
(2) Käesolevas jaos, välja arvatud §-s 159, sätestatut ei kohaldata tõlgina või eksperdina kasutatavale kohtu või muu riigiasutuse töötajale, kes täidab tõlkimise või ekspertiisiga oma teenistuskohustust. Koosseisulise tõlgi kulude hüvitamise ulatuse ja korra kehtestab Vabariigi Valitsus. Riikliku ekspertiisiasutuse ekspertiisi tegemise kulud hüvitatakse kohtuekspertiisiseaduses sätestatud ulatuses ja korras.
[RT I 2010, 8, 35 - jõust. 01.03.2010]
(3) Kui tunnistaja, ekspert või tõlk on oma kohustuse täitnud, maksab kohus talle tasu välja sellest sõltumata, kas menetlusosalised on kulud ette tasunud või kas kulud on menetlusosalistelt sisse nõutud.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 152. Tunnistajatasu maksmine

(1) Tunnistajale makstakse tunnistajatasu. Tunnistajatasu on hüvitis saamata jäänud töötasu või muu püsiva sissetuleku eest. Tunnistajatasu makstakse ka siis, kui tõendusküsimusele on vastatud kirjalikult.
(2) Tunnistajatasu suurus arvutatakse tunnistaja keskmise brutosissetuleku tunnitasumäära alusel iga töölt puudutud tunni eest.
(3) Kohus määrab tunnistajatasu tunnimäära Vabariigi Valitsuse määrusega kehtestatud tunnitasu alam- ja ülemmäära piires.
(4) Kui tunnistaja ei ole seoses tunnistuse andmisega sissetulekut kaotanud või kui tal sissetulek puudub, makstakse talle tunnistajatasu madalaima määra järgi.

§ 153. Eksperdi- ja tõlgitasu maksmine

(1) Eksperdile ja tõlgile makstakse nende ülesannete täitmise eest riigi arvel tasu tunnitasuna Vabariigi Valitsuse määrusega kehtestatud alam- ja ülemmäära piirides. Eksperdile ja tõlgile makstav tunnitasu ei või olla väiksem töösuhtes olevale isikule minimaalselt maksta lubatud tunnitasust ega ületada seda rohkem kui 50-kordselt.
[RT I 2010, 8, 35 - jõust. 01.03.2010]
(2) Tunnitasu määrates arvestab kohus eksperdi või tõlgi kvalifikatsiooni, töö keerukust, vajalike vahendite kasutamisega seotud möödapääsmatuid kulusid ning erilisi asjaolusid, mille tingimustes tuli ekspertiis või tõlge teha.
(3) Dokumendi tõlkijale makstakse tasu tõlkelehekülje eest Vabariigi Valitsuse määrusega kehtestatud ulatuses. Vabariigi Valitsus võib määrusega kehtestada ka teatud ekspertiisi või tõlke tegemise eest kindla tasu.
(4) Tasu võib eksperdi või tõlgi soovil maksta eksperdi või tõlgi tööandjale või muule isikule, kellega ekspert või tõlk on lepingulises suhtes, viimase esitatud arve alusel.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 154. Tunnistaja, ekspert ja tõlk välisriigist

Välisriigis elavale tunnistajale, eksperdile ja tõlgile võib maksta Vabariigi Valitsuse poolt sätestatust kõrgemat tasu, kui selline tasu on tavaline tema elukohamaal ja isiku osalemine menetluses on hädavajalik. Vabariigi Valitsus võib määrusega kehtestada kõrgema tasu maksmiseks täpsema korra.
[RT I 2006, 7, 42 - jõust. 04.02.2006]

§ 155. Kulutuste hüvitamine eksperdile

(1) Eksperdile hüvitatakse ka eksperdiarvamuse ettevalmistamise ja koostamisega seotud kulud, kaasa arvatud vajalikud kulutused abitööjõule ning uuringuks kasutatud materjalidele ja vahenditele.
(2) Käesoleva paragrahvi lõikes 1 nimetatud kulusid ei hüvitata suuremas ulatuses kui 20%
eksperditasust.

§ 156. Sõidukulude hüvitamine

(1) Tunnistajale, eksperdile ja tõlgile hüvitatakse menetlusega seotud sõidukulud mõistlikus ulatuses.
(2) Vabariigi Valitsus võib määrusega kehtestada hüvitatavate sõidukulude piirsummad ja täpsustada hüvitamisele kuuluvate kulude koosseisu.

§ 157. Muude kulude hüvitamine

Tunnistajale, eksperdile ja tõlgile hüvitatakse Vabariigi Valitsuse kehtestatud ulatuses ka muud kohtumenetlusest tingitud vajalikud kulud, eelkõige majutus- ja toitlustuskulud.

§ 158. Kulude ettemakse

(1) Kohtusse kutsutud tunnistajale, eksperdile või tõlgile makstakse kulud tema taotluse alusel ette, kui tal ei ole piisavalt raha kohtusse sõitmiseks või kui talt ei saa selle raha maksmist mõistlikult oodata.
(2) Eksperdile või tõlgile tehakse taotluse korral mõistlik ettemakse, kui ta on kohtu ülesandel oma tavapärasest kutsetegevusest täiesti või põhiliselt eemal vähemalt 30 päeva järjest. Ekspert võib ettemakset taotleda ka juhul, kui eksperdiarvamuse koostamine nõuab suuri kulutusi, mille katmist ei saa mõistlikult oodata eksperdi kulul.

§ 159. Kulude kindlaksmääramine

(1) Tunnistajale, eksperdile või tõlgile makstava tasu ja hüvitatavad kulud määrab kindlaks kohus, kes on tunnistaja, eksperdi või tõlgi kaasanud. Kohus saadab määruse ärakirja rahandusministri käskkirjaga määratud asutusele.
[RT I, 28.12.2011, 1 - jõust. 01.01.2012]
(11) Tunnistajale, eksperdile või tõlgile makstavad tasud ja kulude hüvitised sisaldavad maksuseadustega sätestatud makse, mille peab kinni või vajaduse korral maksab menetlusest osavõtjale väljamakset tegev asutus. Kui füüsilisele isikule makstavad summad on saaja teate kohaselt tema ettevõtlustulu või väljamakse tehakse tasu saamiseks õigustatud isiku tööandjale ja maksuseadus ei sätesta teisiti, siis kannab kohtumäärust täitev asutus üle kogu määrusega ettenähtud summa.
[RT I 2010, 8, 35 - jõust. 01.03.2010]
(2) Käesoleva paragrahvi lõikes 1 nimetatud maakohtu või ringkonnakohtu määruse peale, samuti kulude kindlaksmääramisest keeldumise määruse peale võib tunnistaja, ekspert, tõlk, menetlusosaline või Eesti Vabariik Justiitsministeeriumi kaudu esitada määruskaebuse, kui kohtu määratud või taotletud summa ületab 64 eurot. Maakohtu määruse peale esitatud määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
[RT I 2010, 22, 108 - jõust. 01.01.2011]

§ 160. Tasu maksmise kord

(1) Tunnistajale, eksperdile ja tõlgile makstakse tasu üksnes nõudmisel.
(2) Tunnistajatasu maksmise ja tunnistajale kulude hüvitamise nõue lõpeb kolme kuu möödumisel ajast, millal tunnistaja menetluses viimati osales, kui tunnistaja ei esita kohtule taotlust tasu maksmiseks ja kulutuste hüvitamiseks. Kohus teavitab tunnistajat nimetatud tähtajast ja tähtaja möödumise õiguslikest tagajärgedest.
(3) Kohus võib eksperdile või tõlgile määrata vähemalt 30-päevase tähtaja nõude kogusumma esitamiseks. Tähtaja määramisel teavitatakse eksperti ja tõlki ka tähtaja möödumise tagajärgedest.
(4) Eksperdi ja tõlgi nõue lõpeb, kui ta ei esita seda kohtu määratud tähtaja jooksul. Ekspert ja tõlk võivad nõuda tähtaja ennistamist, kui neil ei olnud võimalik tähtajast kinni pidada mõjuval põhjusel. Tähtaja ennistamise avalduse võib esitada 14 päeva jooksul, alates takistuse kõrvaldamisest ja tähtaja ennistamise tingimuste põhistamisest. Tähtaja ennistamise avalduselt lõivu ega kautsjonit ei tasuta.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Eksperdi ja tõlgi nõuded lõpevad käesoleva paragrahvi lõigetes 3 ja 4 sätestatust sõltumata ühe aasta jooksul, alates tekkimisest.
(6) Liigselt makstud tunnistaja-, eksperdi- ja tõlgitasu ning kulud võib kohtumääruse alusel
tagasi nõuda, kui määrus on maksma kohustatud isikule kätte toimetatud ühe aasta jooksul, alates liigse väljamakse tegemisest. Maakohtu või ringkonnakohtu määruse peale võib esitada määruskaebuse, kui kaebuse ese ületab 64 eurot. Maakohtu määruse peale esitatud
määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata. [RT I 2010, 22, 108 - jõust. 01.01.2011]

§ 161. Tõendi esitamisega seotud muude kulude hüvitamine

(1) Kui kohtule dokumendi või asitõendi esitanud, selle vaatlemist võimaldanud, ekspertiisiks asja väljaandnud või ekspertiisi korraldamist võimaldanud isik ei ole selles asjas menetlusosaline, on tal õigus nõuda riigilt nende vajalike kulude hüvitamist, mida ta kandis seoses menetlustoiminguga. Isikul seoses ekspertiisi tegemisega tekkinud kulud hüvitatakse kohtuekspertiisiseadusega sätestatud menetlusvälisel isikul seoses ekspertiisi tegemisega tekkinud kulude hüvitamise tingimustel ja korras.
[RT I 2010, 8, 35 - jõust. 01.03.2010]
(2) Käesoleva paragrahvi lõikes 1 nimetatud kulud määrab taotluse alusel kindlaks kohus, kes menetlustoimingu korraldas. Kohus saadab määruse ärakirja ka rahandusministri käskkirjaga määratud asutusele.
[RT I, 28.12.2011, 1 - jõust. 01.01.2012]
(3) Kulude hüvitamise nõue lõpeb kolme kuu möödumisel ajast, millal menetlustoiming tehti, kui kulude hüvitamiseks õigustatud isik ei esita kohtule taotlust kulud hüvitada. Kohus teavitab kulude hüvitamiseks õigustatud isikut nimetatud tähtajast ja tähtaja möödumise õiguslikest tagajärgedest.
(4) Käesoleva paragrahvi lõikes 2 nimetatud määruse peale, samuti kulude kindlaksmääramisest keeldumise määruse peale võib taotluse esitaja, menetlusosaline või Eesti Vabariik Justiitsministeeriumi kaudu esitada määruskaebuse, kui kohtu määratud või taotletud summa ületab 64 eurot. Maakohtu määruse peale esitatud määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
[RT I 2010, 22, 108 - jõust. 01.01.2011]

4. jagu Menetluskulude jaotus

§ 162. Menetluskulude jaotus hagimenetluses

(1) Hagimenetluse kulud kannab pool, kelle kahjuks otsus tehti.
(2) Pool, kelle kahjuks otsus tehti, hüvitab teisele poolele muu hulgas kohtumenetluse tõttu tekkinud vajalikud kohtuvälised kulud. Kohtuvälised kulud, mis hüvitataks tunnistajale, kaasa arvatud hüvitis saamata jäänud töötasu või muu püsiva sissetuleku eest, hüvitatakse poolele samadel alustel ja samas ulatuses, nagu hüvitatakse tunnistajakulud.
(3) Poole seadusliku esindaja menetluskulud hüvitatakse samas korras kui poole menetluskulud. (4) Kohus võib jätta kulud täielikult või osaliselt poolte endi kanda, kui vastaspoole kulude
väljamõistmine poolelt, kelle kahjuks otsus tehti, oleks tema suhtes äärmiselt ebaõiglane või ebamõistlik.
(5) Kui riigilõivuseaduse kohaselt on avalduse või kaebuse veebilehe www.e-toimik.ee kaudu esitamisel sätestatud riigilõivu täismäärast madalam riigilõivumäär, jäetakse seda ületavas osas tasutud riigilõiv menetlusosalise enda kanda.
[RT I, 29.06.2012, 3 - jõust. 01.07.2012]

§ 163. Menetluskulude jaotus hagi osalise rahuldamise korral

(1) Hagi osalise rahuldamise korral kannavad pooled menetluskulud võrdsetes osades, kui kohus ei jaota menetluskulusid võrdeliselt hagi rahuldamise ulatusega või ei jäta menetluskulusid täielikult või osaliselt poolte endi kanda.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kui hagi rahuldatakse osaliselt ja sellesarnases ulatuses, nagu on kohtumenetluses kompromissina pakkunud üks pool, võib kohus jätta menetluskulud tervikuna või suuremas osas poole kanda, kes kompromissiga ei nõustunud.

§ 164. Menetluskulude jaotus hagilises perekonnaasjas

(1) Hagilises abieluasjas ja põlvnemisasjas kannab kumbki pool oma menetluskulud ise.
(2) Kohus võib jagada kulud erinevalt käesoleva paragrahvi lõikes 1 sätestatust, kui tegemist on abielu varavahekorral põhineva vaidlusega või kui kulude selline jaotus ei oleks õiglane, muu hulgas kui see kahjustaks ülemääraselt ühe abikaasa olulisi vajadusi.
(3) Ülalpidamisasjas võib kohus menetluse tulemusest sõltumata jätta menetluskulud täielikult või osaliselt kostja kanda, kui kostja on põhjustanud menetluse seetõttu, et ta ei ole andnud täielikku teavet oma sissetuleku ja vara kohta.

§ 165. Menetluskulude jaotus kaashagejate või -kostjate vahel

(1) Kui otsus on tehtud kaashagejate või -kostjate kahjuks, vastutavad kaashagejad või -kostjad menetluskulude eest võrdsetes osades, kui kohus ei määra teisiti. Kui isikud osalevad menetluses oluliselt erinevas ulatuses, võib kohus kulude jaotamisel võtta aluseks osalemise ulatuse.
(2) Kaashageja või -kostja ei kanna menetluses teise kaashageja või -kostja esitatud avaldusest, taotlusest, väitest, tõendist, kaebusest või vaidlustamisest tulenevaid täiendavaid
menetluskulusid. See kehtib ka siis, kui kaashageja või -kostja menetlustoimingud kehtivad teiste kaashagejate või -kostjate suhtes käesoleva seadustiku § 207 lõike 3 järgi.
(3) Kui otsus on tehtud solidaarvõlgnikest kostjate kahjuks, vastutavad kostjad menetluskulude eest samuti solidaarselt. See ei välista ega piira käesoleva paragrahvi lõikes 2 sätestatu kohaldamist.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 166. Menetluskulude jaotus poole asendamisel vaidlusaluse eseme võõrandamise korral

Poole asendamisel vaidlusaluse eseme võõrandamise või nõude loovutamise korral kannavad asendatud ja asendav pool solidaarselt vastaspoole menetluskulud, kui otsus tehakse vastaspoole kasuks. Kohus määrab kulude jaotuse teisiti, kui see oleks eelnimetatud viisil ilmselt ebaõiglane.

§ 167. Iseseisva nõudeta kolmanda isiku menetluskulud

(1) Iseseisva nõudeta kolmanda isiku ja tema seadusliku esindaja menetluskulud hüvitab tema poole vastaspool samade reeglite järgi kui poolele niivõrd, kuivõrd vastaspool kannab menetluskulud vastavalt käesolevas jaos sätestatule.
(2) Kui vastaspool ei pea kulusid hüvitama, jäävad kulud iseseisva nõudeta kolmanda isiku kanda. See ei välista ega piira kolmanda isiku õigust nõuda kulude hüvitamist eraõigusest tuleneval alusel.
(3) Iseseisva nõudeta kolmas isik kannab tema avalduse, taotluse või kaebusega teistele menetlusosalistele tekitatud menetluskulud, kui neid ei kanna tema poole vastaspool. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 168. Menetluskulude jaotus asja menetlusse võtmisest keeldumise, hagi läbi vaatamata jätmise, asja menetluse lõpetamise ja hagi õigeksvõtmise puhul

(1) Hageja kannab menetluskulud, kui kohus keeldub avaldust menetlusse võtmast ja tagastab selle.
(2) Hageja kannab menetluskulud, kui hagi jäetakse läbi vaatamata või kui menetlus lõpetatakse määrusega ja käesoleva paragrahvi lõigetest 3–5 ei tulene teisiti.
(3) Kompromissi sõlmimise korral kannavad pooled oma menetluskulud ise, kui nad ei ole kokku leppinud teisiti.
(4) Kui hageja loobub hagist või võtab selle tagasi, kannab ta kostja menetluskulud, välja arvatud juhul, kui ta loobub hagist või võtab selle tagasi seetõttu, et kostja on nõude pärast hagi esitamist rahuldanud.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Kui hageja loobub hagist või võtab selle tagasi seetõttu, et kostja on pärast hagi esitamist tema nõude rahuldanud, kannab kostja hageja menetluskulud.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(6) Kui kostja võtab hagi kohe õigeks, kannab hageja menetluskulud ise, kui kostja ei ole oma käitumisega andnud põhjust hagi esitamiseks.

§ 169. Menetluse venimisest tingitud menetluskulud

(1) Menetlustoimingu tegemise tähtaja mööda lasknud või vastuväite või tõendi hilisema esitamisega või muul viisil menetlustoimingu aja muutmise, asja arutamise edasilükkamise või tähtaja pikendamise põhjustanud menetlusosaline kannab sellest tulenevad täiendavad menetluskulud. Muu hulgas võib sõltumata menetluse tulemusest jätta menetlusosalise kanda talle menetlusdokumendi kättetoimetamisega põhjustatud kulud, kui kättetoimetamine viibis seetõttu, et isiku kohta olid rahvastikuregistrisse, äriregistrisse või mittetulundusühingute ja sihtasutuste registrisse kantud ebaõiged andmed.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Tähtaja ennistamisega, tagaseljaotsuse peale kaja esitamisega ja menetluse taastamisega seotud täiendavad menetluskulud jäävad tähtaja ennistamise avalduse esitaja või kaja või menetluse taastamise avaldaja kanda, sõltumata hagi rahuldamisest.
(3) Rahuldamata jäänud taotluse või arvestamata jäänud väite või tõendi esitamisega ja vaidlustamisega seotud menetluskulud võib menetluse tulemusest sõltumata jätta menetlusosalise kanda, kes taotluse, väite või tõendi on esitanud.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 170. Eeltõendamismenetluse kulud

(1) Tõendite tagamiseks või asjaolu eelnevaks tuvastamiseks korraldatud eeltõendamismenetluse kohtukulud kannab isik, kelle taotlusel menetlus algatati. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Eeltõendamismenetluse kulud võetakse arvesse põhimenetluses kulude jaotamisel.

§ 171. Kõrgema astme kohtu menetluskulude kandmise erisused

(1) Apellatsioon-, kassatsioon- või määruskaebuse või teistmisavalduse esitamisest tingitud menetluskulud kannab kaebuse või teistmisavalduse esitaja, kui kaebus või teistmisavaldus jääb rahuldamata.
(2) Kohus võib jätta apellatsioon- või määruskaebuse menetluskulud täielikult või osaliselt selle apellandi või määruskaebuse esitaja kanda, kelle kasuks otsus tehakse, kui viimane võidab uue esitatud asjaolu põhjal, millele ta oleks võinud tugineda juba maakohtus.
(3) Kui kostja, kelle kahjuks maakohus on otsuse teinud, taotleb ringkonnakohtus aegumise kohaldamist, kuigi ta seda maakohtus ei taotlenud, ja ringkonnakohus aegumist kohaldab, võib kohus jätta apellatsioonimenetluse kulud kostja kanda.
(4) Teistmisavalduse rahuldamise korral loetakse teistmisega seotud menetluskulud osaks menetluskuludest teistatavas asjas.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 172. Menetluskulud hagita menetluses

(1) Hagita menetluses kannab menetluskulud isik, kelle huvides lahend tehakse. Kui hagita menetluses osaleb mitu isikut, võib kohus otsustada, et menetluskulud kannab täielikult või osaliselt mõni menetlusosaline, kui see on asjaolusid arvestades õiglane, muu hulgas siis, kui see menetlusosaline esitas põhjendamatu taotluse, väite või tõendi.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kui menetluses osaleb üksnes avaldaja või kui kohus ei jäta menetluskulusid mõne teise menetlusosalise kanda, kannab avaldaja ise menetluskulud, muu hulgas oma kulud esindajale, ka juhul, kui tema avaldus rahuldatakse. Riigilõiv määruskaebuselt tagastatakse määruskaebuse rahuldamise korral vastavalt käesoleva seadustiku §-s 150 sätestatule.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Isiku kinnisesse asutusse paigutamise ja sellega seotud menetluse kulud kannab riik, kui kohus ei jäta neid täielikult või osaliselt isiku enda või tema eestkostja kanda, kuna see on kohtu arvates õiglane ja isik suudab kulusid eeldatavasti kanda. Isikule eestkostja määramise või selle tühistamise või eestkostega seotud abinõude rakendamise menetluse kulud, samuti hagita perekonnaasja ja lähenemiskeelu või muu sellesarnase isikuõiguste kaitseabinõu rakendamise menetluse kulud võib kohus jätta täielikult või osaliselt riigi kanda.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Hagita menetluses pärandi hoiumeetmete rakendamisest tekkivate kulude eest vastutavad pärijad vastavalt pärimisseaduse sätetele pärandikohustuste kohta.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Äriühingu osanikele ja aktsionäridele hüvitise suuruse määramise menetluse kulud kannab hüvitise maksmiseks kohustatud isik. Kohus võib kulud jätta täielikult või osaliselt avaldaja
kanda, kui see on asjaolusid arvestades õiglane. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(6) Juriidilise isiku sundlõpetamise menetluse ning juriidilise isiku juhatuse ja nõukogu asendusliikme, audiitori, erikontrolli läbiviija ja likvideerija määramise ja sellega seotud menetluse kulud kannab juriidiline isik. Kohus võib kulud jätta täielikult või osaliselt avaldaja või muu isiku kanda, kui see on asjaolusid arvestades õiglane.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(7) Kui kohus algatab hagita menetluse isiku tegevuse või avalduse tõttu, võib kohus jätta menetluskulud menetluse põhjustanud isiku kanda, kui menetlus on põhjendamatu ja põhjustati isiku poolt tahtlikult või raske hooletuse tõttu. Kui menetluse võib algatada üksnes avalduse alusel ja avaldus jääb rahuldamata, jätab kohus menetluskulud avaldaja kanda, kui seadusest ei tulene teisiti.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(8) Vajalikud kohtuvälised kulud hüvitatakse hagita menetluses menetlusosalistele samadel alustel tunnistajale makstava hüvitisega. Kohtuväliste kulutuste hüvitamist saab nõuda üksnes juhul, kui kohus jätab need mõne menetlusosalise kanda. Riigi kanda võib kohtuvälised kulud jätta üksnes juhul, kui kohtuväliste kulude kandmiseks anti isikule menetlusabi. See kehtib ka käesoleva paragrahvi lõikes 3 nimetatud juhul.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(9) Maksekäsu kiirmenetluse kulud kannab maksekäsu tegemise korral ja käesoleva seadustiku
§-s 4881 sätestatud juhul võlgnik, muul juhul avaldaja, kui seadusest ei tulene teisiti. Muus osas kohaldatakse hagimenetluses menetluskulude kohta sätestatut. Asja edasisel lahendamisel hagimenetluses arvatakse maksekäsu kiirmenetluse kulud hagimenetluse kulude hulka.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(10) Kohtutäituri otsuse peale esitatud kaebuse ja notari ametitoimingu tegemise taotluse kohtule esitamisel tasumisele kuuluva riigilõivu kannab menetlusosaline, kelle kahjuks lahend tehti.
[RT I 2010, 26, 128 - jõust. 14.06.2010]

5. jagu Menetluskulude kindlaksmääramine

§ 173. Menetluskulude jaotuse kindlaksmääramine kohtulahendis

(1) Asja menetlenud kohus märgib menetluskulude jaotuse menetlusosaliste vahel kohtuotsuses või menetlust lõpetavas määruses, muu hulgas määruses, millega hagita menetluse avaldus või teistmisavaldus lahendatakse või hagi või hagita menetluse avaldus või teistmisavaldus jäetakse menetlusse võtmata või läbi vaatamata või asja menetlus lõpetatakse. Asja järgmisena menetleva kohtu lahendis esitatakse kogu seni kantud menetluskulude jaotus. Vajaduse korral tuleb märkida ära menetluskulude kandmise erisused kohtuastmete kaupa, samuti kohtueelses menetluses.
(2) Menetluskulude jaotus tuleb kohtulahendis märkida ka siis, kui menetlusosalised seda ei taotle.
(3) Kui kõrgema astme kohus muudab tehtud lahendit või teeb uue lahendi asja uueks läbivaatamiseks saatmata, muudab ta vajaduse korral vastavalt menetluskulude jaotust. Kui kõrgema astme kohus tühistab alama astme kohtu lahendi ja saadab asja uueks läbivaatamiseks, muu hulgas kui Riigikohus rahuldab teistmisavalduse, jätab ta menetluskulude jaotuse alama astme kohtu otsustada.
(4) Menetluskulude jaotuses näeb kohus ette, millised menetluskulud keegi menetlusosalistest peab kandma, välja arvatud kulude rahalise suuruse. Vajaduse korral määrab kohus kindlaks menetluskulude proportsionaalse jaotuse menetlusosaliste vahel. Kui menetluskulud jäävad ühiselt mitme menetlusosalise, esmajoones kaashageja või -kostja kanda, tuleb lahendis märkida, kas nad vastutavad osa- või solidaarvõlgnikena.
(5) Kohus ei märgi menetluskulude jaotust vaheotsuses, tasaarvestuse reservatsiooniga osaotsuses ja vaidlustamise reservatsiooniga otsuses dokumendimenetluses, kui kohus jätkab neil juhtudel asja lahendamist. Menetluskulude jaotus nähakse sel juhul ette lõppotsuses.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 174. Menetluskulude kindlaksmääramine

(1) Menetlusosaline võib nõuda asja lahendanud esimese astme kohtult menetluskulude rahalist kindlaksmääramist lahendis sisalduva kulude jaotuse alusel 30 päeva jooksul alates kulude jaotuse kohta tehtud lahendi jõustumisest. Kohus märgib seda menetluskulude jaotust ettenägevas kohtulahendis.
(2) Kui vahekohtu otsuse tühistamise asja lahendas esimese kohtuastmena ringkonnakohus (käesoleva seadustiku § 755 lõige 4), võib menetluskulude kindlaksmääramist käesoleva paragrahvi lõikes 1 sätestatud korras nõuda samalt ringkonnakohtult. Kui teistmisavaldust ei rahuldata, see jäetakse menetlusse võtmata või läbi vaatamata või menetlus lõpetatakse, võib menetluskulude kindlaksmääramist käesoleva paragrahvi lõikes 1 sätestatud korras nõuda Riigikohtult.
(3) Hüvitatava summa kindlakstegemise avaldus esitatakse asja menetlenud esimese astme kohtule, käesoleva paragrahvi lõikes 2 nimetatud juhul vastavalt ringkonnakohtule või Riigikohtule. Avaldusele lisatakse menetluskulude nimekiri, milles on detailselt näidatud kulude koosseis. Avalduses tuleb kinnitada, et kõik kulud on kantud seoses kohtumenetlusega.
(4) Menetluskulude hüvitamist menetlusosalisele ei välista see, kui tema eest kandis need muu isik.
(5) Kohus võib menetlusosalisele anda tähtaja hüvitatavate menetluskulude täpsustamiseks või kohustada teda esitama menetluskulusid tõendavaid dokumente. Kohtu nõudmiseta ei pea menetluskulusid tõendavaid dokumente esitama.
(6) Menetluskuludelt arvestatava käibemaksu hüvitamiseks peab avaldaja kinnitama, et ta ei ole käibemaksukohustuslane või ei saa muul põhjusel tekkinud kuludelt käibemaksu tagasi arvestada.
(7) Menetlusosaline ei või menetluskulude kindlaksmääramise menetluse väliselt ega seal määratust suuremas ulatuses esitada menetluskulude kandmiseks kohustatud menetlusosalise vastu nõuet kulude hüvitamiseks kahju hüvitamise nõudena või muul sellesarnasel viisil.
(8) Menetluskulude kindlaksmääramise määruse võib teha ka kohtunikuabi. [RT I 2008, 59, 330 - jõust. 01.01.2009]
[RT I, 06.02.2014, 13 - jõust. 04.02.2014 - Riigikohtu üldkogu otsus tunnistab kohtute seaduse §
125¹ lõike 2 ja tsiviilkohtumenetluse seadustiku § 174 lõike 8 osas, mille kohaselt võib tsiviilkohtumenetluses menetluskulud kindlaks määrata kohtujurist, põhiseadusega vastuolus olevaks ja kehtetuks.]

§ 1741. Menetluskulude kindlaksmääramine koos kulude jaotusega

(1) Asja menetluse lõpetamise korral kompromissi või hagist loobumise tõttu või kostja õigeksvõtul põhineva otsuse tegemise korral määrab kohus menetluse lõpetamise määruses või õigeksvõtul põhinevas otsuses lisaks menetluskulude jaotusele ka hüvitatavate menetluskulude rahalise suuruse. Enne määruse või otsuse tegemist annab kohus menetlusosalistele mõistliku tähtaja oma menetluskulude nimekirja esitamiseks.
(2) Maksekäsu kiirmenetluses määrab kohus maksekäsus või menetluse lõpetamise määruses võla tasumise tõttu käesoleva seadustiku §-s 4881 ettenähtud juhul lisaks menetluskulude jaotusele kindlaks ka hüvitatava riigilõivu rahalise suuruse ning määrab 20 eurot avaldaja menetluskulude katteks. Muid avaldaja kantud menetluskulusid maksekäsu kiirmenetluses ei hüvitata.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(3) Kohus määrab hageja taotlusel tagaseljaotsuses kindlaks ka kostja hüvitatavad menetluskulud, kui hageja esitab kohtu määratud ajaks menetluskulude nimekirja.
(4) Käesoleva paragrahvi lõigetes 1–3 nimetatud juhul ei või menetlusosaline nõuda kulude hüvitamist käesoleva seadustiku § 174 lõigetes 1–3 sätestatud korras, välja arvatud juhul, kui kohtulahend, milles menetluskulud kindlaks määrati või kindlaks määrata tuli, tühistatakse või tagaseljaotsuse puhul asja menetlus taastatakse.
[RT I 2008, 28, 180 - jõust. 15.07.2008]

§ 175. Lepingulise esindaja kulude hüvitamine

(1) Kui menetlusosaline peab menetluskulude jaotust kindlaksmäärava kohtulahendi kohaselt kandma teist menetlusosalist esindanud lepingulise esindaja kulud ja ta menetluskulude kindlaksmääramise avaldusele vastu ei vaidle, võib kohus piirduda üksnes selle kontrollimisega, et lepingulise esindaja kulud ei oleks suuremad käesoleva paragrahvi lõike 4 alusel kehtestatud piirmäärast. Kui menetluskulude kindlaksmääramise avaldus on selgelt põhjendamatu või kui
lepingulise esindaja kulude kohta esitatakse vastuväide, kontrollib kohus ka lepingulise esindaja kulude põhjendatust ja vajalikkust. Lepinguline esindaja on menetlusosalist menetluses esindav advokaat või muu esindaja käesoleva seadustiku §-s 218 sätestatu kohaselt.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(2) Menetlusosalist esindava töötajaga seotud kuludest hüvitatakse üksnes sõidukulud. Nõustaja kulusid ei hüvitata.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Mitmele lepingulisele esindajale tehtud kulutused hüvitatakse, kui need on tingitud asja keerukusest või esindaja vahetamise vajadusest.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(31) Kohtutäituri otsuse peale esitatud kaebuse lahendamise menetluses kohtutäituri kantud ja notari ametitoimingu tegemise taotluse lahendamise menetluses notari kantud õigusabikulusid ei hüvitata.
[RT I 2010, 26, 128 - jõust. 14.06.2010]
(4) Vabariigi Valitsus kehtestab lepingulise esindaja kulude teistelt menetlusosalistelt sissenõudmise piirmäärad.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 176. Menetluskulude kindlaksmääramise avalduse edastamine vastaspoolele

(1) Menetluskulude kindlaksmääramise avalduse toimetab kohus viivitamata koos menetluskulude nimekirja ja tõenditega kätte vastaspoolele ja annab talle aega vähemalt seitse päeva avalduse kättetoimetamisest alates sellele vastuväidete esitamiseks. Tähtaeg ei või olla lühem menetluskulude kindlaksmääramise avalduse esitamise tähtajast.
(2) Kui menetluskulud jagati täielikult või osaliselt murdosade või protsentide järgi, nõuab kohus pärast kulude kindlaksmääramise avalduse talle esitamist, et vastaspool esitaks käesoleva paragrahvi lõikes 1 sätestatud tähtaja jooksul ka oma menetluskulude nimekirja ja vajaduse korral ka seda tõendavad dokumendid.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Käesoleva paragrahvi lõikes 1 või 2 nimetatud tähtaja jooksul vastuväiteid või vastust saamata teeb kohus määruse üksnes avaldaja menetluskulude kohta.
(4) Käesoleva paragrahvi lõigetes 1–3 sätestatut ei kohaldata, kui menetluskulud määratakse kindlaks käesoleva seadustiku §-s 1741 sätestatud korras. Siiski tuleb käesoleva seadustiku §
1741 lõikes 1 sätestatud juhul anda teistele menetlusosalistele mõistlik võimalus avaldada seisukohta teiste menetlusosaliste menetluskulude nimekirja suhtes.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 177. Menetluskulude kindlaksmääramise määrus

(1) Menetluskulude kindlaksmääramise määrus toimetatakse menetlusosalistele kätte. (2) Kohus märgib menetluskulude kindlaksmääramist taotlenud isiku avalduse alusel
menetluskulude kindlaksmääramise lahendis, et hüvitamisele kuuluvatelt menetluskuludelt tuleb
tasuda menetluskulude suurust kindlaks tegeva lahendi jõustumisest alates kuni täitmiseni viivist võlaõigusseaduse § 113 lõike 1 teises lauses ettenähtud ulatuses.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Menetlusosaline võib nõuda kohtult menetluskulude kohta tehtud määruse täiendamist, kui kohus ei võtnud seisukohta kõigi esitatud kulude suhtes. Täiendamist võib nõuda kümne päeva jooksul, alates määruse kättetoimetamisest.
(4) Kohus lahendab menetluskulude kindlaksmääramise kirjeldava ja põhjendava osata määrusega, kui talle ei esitata käesoleva seadustiku § 176 lõikes 1 või 2 nimetatud tähtaja jooksul vastuväidet ja kohus rahuldab avalduse täielikult.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]

§ 178. Menetluskulude kindlaksmääramise vaidlustamine

(1) Menetluskulude jaotuse kohta tehtud kohtulahendit saab vaidlustada üksnes selle kohtulahendi peale edasi kaevates, millega menetluskulude jaotus kindlaks määrati. Kui koos menetluskulude jaotusega määrati kindlaks hüvitatavate menetluskulude suurus, saab hüvitatavate menetluskulude suurust vaidlustada selle kohtulahendi peale edasi kaevates.
[RT I 2008, 28, 180 - jõust. 15.07.2008]
(2) Menetluskulude kindlaksmääramise määruse või selle täiendamise määruse peale võib esitada määruskaebuse menetluskulude kindlaksmääramist taotlenud ja menetluskulusid kandma kohustatud isik, kui kaebuse hind ületab 200 eurot.
[RT I 2010, 22, 108 - jõust. 01.01.2011]
(3) Käesoleva paragrahvi lõikes 2 nimetatud määruskaebuse menetlemisel tekkinud kulusid ei hüvitata.

§ 179. Menetluskulude väljamõistmine ja sissenõudmine Eesti Vabariigi kasuks

(1) Menetluskulud, mis tuleb tasuda riigile ja mis ei ole tekkinud riigi osalemisest kohtus menetlusosalisena, muu hulgas tasumata või vähem tasutud riigilõiv või riigi kasuks välja mõistetud menetlusabikulud, mõistab asja lahendav kohus kohustatud isikult välja asjas tehtavas lahendis või eraldi määrusega.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Pärast asjas tehtud lahendi jõustumist võib käesoleva paragrahvi lõikes 1 nimetatud kulud välja mõista määrusega nii kohus, kelle menetluses kulud tekkisid, kui ka asja lahendanud maakohus. Määrust ei või teha, kui asjas tehtud kohtulahendi jõustumisest on möödunud üle
kahe aasta.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Käesoleva paragrahvi lõigetes 1 ja 2 nimetatud maakohtu või ringkonnakohtu määruse peale võib menetluskulusid maksma kohustatud isik või Eesti Vabariik rahandusministri käskkirjaga määratud asutuse kaudu esitada määruskaebuse, kui kaebuse hind ületab 64 eurot. Maakohtu määruse peale esitatud määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
[RT I, 28.12.2011, 1 - jõust. 01.01.2012]
(4) Riigi kasuks menetluskulude, mis ei ole tekkinud riigi osalemisest kohtus menetlusosalisena, väljamõistmise lahendi, samuti trahvimääruse ja muu sellesarnase raha sissenõudmise lahendi ärakirja saadab kohus pärast lahendi jõustumist viivitamata rahandusministri käskkirjaga määratud asutusele.
[RT I, 28.12.2011, 1 - jõust. 01.01.2012]
(5) Kohtulahendi kohaselt raha riigituludesse tasumiseks kohustatud isik peab lahendi täitma jõustumisest alates 15 päeva jooksul, välja arvatud juhul, kui lahend kuulub viivitamatule täitmisele või kui lahend näeb ette teistsuguse tähtaja.
(51) Käesolevas paragrahvis nimetatud menetluskulud tasutakse ja tasaarvestatakse maksukorralduse seaduses sätestatud korras.
[RT I, 31.01.2014, 6 - jõust. 01.04.2014]
(6) Rahandusministri käskkirjaga määratud asutus võib käesoleva paragrahvi lõikes 4 nimetatud lahendi sundtäitmisele saata, kui kohustatud isik ei ole lahendit täitnud jõustumisest alates 15 päeva jooksul.
[RT I, 28.12.2011, 1 - jõust. 01.01.2012]
(7) Kohtulahendi alusel riigi kasuks välja mõistetud menetluskulude maksmise nõue, mis ei ole tekkinud riigi osalemisest kohtus menetlusosalisena, samuti trahvimääruse ja muu sellesarnase raha sissenõudmise lahendi täitmise nõue aegub kolme aasta möödumisel raha väljamõistmise lahendi jõustumisest. Nõude aegumisele kohaldatakse tsiviilseadustiku üldosa seaduses nõuete aegumise kohta sätestatut.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(8) Käesoleva paragrahvi lõikes 7 nimetatud nõude sissenõudmisele kohaldatakse täitemenetluse seadustiku §-s 209 avalik-õiguslike rahaliste sissenõuete täitmise kohta sätestatut, kui käesolevas paragrahvis sätestatust ei tulene teisiti.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(9) Käesoleva paragrahvi lõikes 7 nimetatud nõude tasumisega viivitamise korral tuleb tasuda menetluskulude tasumiseks kohustava lahendi jõustumisest alates kuni täitmiseni viivist võlaõigusseaduse § 113 lõike 1 teises lauses ettenähtud ulatuses. Kohus märgib seda ka menetluskulude väljamõistmise lahendis.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

6. jagu Riigipoolse menetlusabi andmine menetluskulude kandmiseks

§ 180. Riigipoolse menetlusabi andmine menetluskulude kandmiseks

(1) Menetlusabi on riigipoolne abi menetluskulude kandmiseks. Menetlusabina võib kohus isiku
(edaspidi menetlusabi saaja) taotlusel määrata, et menetlusabi saaja:
1) vabastatakse täielikult või osaliselt riigilõivu või kautsjoni maksmisest või muude kohtukulude või menetlusdokumentide ja kohtulahendi tõlke kulude kandmisest;
2) võib tasuda riigilõivu, kautsjoni või muud kohtukulud või menetlusdokumentide või kohtulahendi tõlke kulud osamaksetena kohtu määratud tähtaja jooksul;
[RT I 2010, 26, 128 - jõust. 14.06.2010]
3) ei pea maksma tasu menetlusabi korras määratud advokaadi õigusabi eest või ei pea seda tegema kohe või täies ulatuses;
4) vabastatakse sissenõudjana Eesti Vabariigi arvel täielikult või osaliselt täitemenetlusega seotud kuludest või kohtumenetluses kohtutäituri vahendusel menetlusdokumendi kättetoimetamise kuludest või nähakse ette nende tasumine osamaksetena kohtu määratud tähtaja jooksul;
5) vabastatakse Eesti Vabariigi arvel täielikult või osaliselt eestkoste teostamisega seotud kulude kandmisest ja eestkostjale tasu maksmisest;
6) vabastatakse täielikult või osaliselt kohustusliku kohtueelse menetlusega seotud kuludest või nähakse ette nende tasumine osamaksetena kohtu määratud tähtaja jooksul;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
7) vabastatakse Eesti Vabariigi arvel osaliselt või täielikult lepitusmenetluse kuludest käesoleva seadustiku § 4 lõikes 4 sätestatud juhul.
[RT I 2009, 59, 385 - jõust. 01.01.2010]
(2) Menetlusosalise, kes on mõne muu Euroopa Liidu liikmesriigi kodanik või kelle elukoht on mõnes muus Euroopa Liidu liikmesriigis, võib Eestis menetlusabi andmisel vabastada Eesti Vabariigi arvel kohtu nõutud ja menetlusabi taotleja esitatud dokumendi tõlkimise kulust või määrata kulude kandmise osamaksetena kohtu määratud tähtaja jooksul, kui dokument on vajalik asja lahendamiseks.
(3) Menetlusosalise, kes on mõne muu Euroopa Liidu liikmesriigi kodanik või kelle elukoht on mõnes muus Euroopa Liidu liikmesriigis, võib Eestis menetlusabi andmisel vabastada menetlusega seotud sõidukulude kandmisest või määrata kulude kandmise osade kaupa, kui seaduses on sätestatud menetlusosalise isikliku kohaloleku vajadus või kui kohus peab seda vajalikuks.
(4) Menetlusabi andmisele advokaadi õigusabi eest tasumisel (riigi õigusabi) kohaldatakse käesolevas jaos sätestatut üksnes niivõrd, kuivõrd riigi õigusabi seaduses ei ole sätestatud teisiti.

§ 181. Menetlusabi andmise tingimused

(1) Menetlusabi taotlejale antakse menetlusabi, kui:
1) menetlusabi taotleja ei suuda oma majandusliku seisundi tõttu menetluskulusid tasuda või kui ta suudab neid tasuda üksnes osaliselt või osamaksetena ja
2) on piisav alus eeldada, et kavandatav menetluses osalemine on edukas. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Menetluses osalemise edukust eeldatakse, kui taotlus, mille esitamiseks menetlusabi taotletakse, on õiguslikult veenvalt põhjendatud ja faktiliselt põhistatud. Menetluses osalemise edukuse hindamisel arvestatakse ka asja tähendust menetlusabi taotlejale.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Isikule ei anta menetlusabi, kui tema menetluses osalemine on ebamõistlik, eelkõige kui tema taotletu saab saavutada lihtsamalt, kiiremini või odavamalt.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(31) Kui menetlusabi taotluse läbivaatamisel ilmneb, et taotleja majandusliku seisundi tõttu puudub alus talle menetlusabi andmiseks, kuid kohus leiab, et tasumisele kuuluva riigilõivu korraga tasumine takistab konkreetse kohtuasja asjaolusid arvestades ebamõistlikult isiku õigust pöörduda kohtusse oma eeldatava ja seadusega kaitstud õiguse või huvi kaitseks, võib kohus menetlusabi korras määrata, et hagiavalduselt või apellatsioonkaebuselt tasumisele kuuluv riigilõiv tasutakse osamaksetena kohtu määratud tähtaja jooksul.
[RT I 2010, 26, 128 - jõust. 14.06.2010]
(4) Menetlusabi ei anta avaldajale maksekäsu kiirmenetluses ega registriasjas kandeavalduselt tasumisele kuuluva riigilõivu maksmiseks.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Menetluses osalemise edukust ega mõistlikkust ei hinnata menetlusabi taotlemisel menetlusdokumendi või kohtulahendi tõlkimiseks. Muu menetlusdokumendi kui kohtulahendi tõlkimiseks ei anta menetlusabi, kui isikut esindab menetluses esindaja.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 182. Füüsilisele isikule menetlusabi andmise piirangud

(1) Menetlusabi antakse füüsilisest isikust menetlusosalisele, kelle elukoht on menetlusabi andmise avalduse esitamise ajal Eesti Vabariigis või mõnes muus Euroopa Liidu liikmesriigis või kes on Eesti Vabariigi või mõne muu Euroopa Liidu liikmesriigi kodanik. Elukoha määramisel käesoleva jao tähenduses lähtutakse EL Nõukogu määruse 44/2001 kohtualluvuse ja kohtuotsuste täitmise kohta tsiviil- ja kaubandusasjades artiklist 59. Muule füüsilisest isikust menetlusosalisele antakse menetlusabi üksnes juhul, kui see tuleneb välislepingust.
(2) Füüsilisele isikule ei anta menetlusabi, kui:
1) menetluskulud ei ületa eeldatavasti menetlusabi taotleja kahekordset keskmist ühe kuu sissetulekut, mis on arvutatud taotluse esitamisele eelnenud nelja kuu keskmise kuusissetuleku alusel ning millest on maha arvatud maksud ja sundkindlustuse maksed ja seadusest tulenevate ülalpidamiskohustuste täitmiseks ettenähtud summa, samuti mõistlikud kulud eluasemele ja transpordile;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
2) menetlusabi taotleja saab menetluskulud kanda oma olemasoleva ja suuremate raskusteta
müüdava vara arvel, millele saab seaduse kohaselt pöörata sissenõude;
3) menetlus on seotud menetlusabi taotleja majandus- või kutsetegevusega ega puuduta tema majandus- või kutsetegevusega mitteseotud õigusi.
[RT I, 10.11.2011, 5 - jõust. 01.11.2011 Riigikohtu põhiseaduslikkuse järelevalve kolleegiumi otsus tunnistab tsiviilkohtumenetluse seadustiku § 182 lõike 2 punkti 3 põhiseadusega vastuolus olevaks ja kehtetuks osas, milles see välistab kohtusse pöördumisel riigilõivu tasumisest täielikult või osaliselt vabastamiseks menetlusabi andmise füüsilisele isikule, kui menetlus on seotud menetlusabi taotleja majandus- või kutsetegevusega ega puuduta tema majandus- või kutsetegevusega mitteseotud õigusi.]
[RT I, 21.04.2011, 17 - jõust. 14.04.2011 Riigikohtu üldkogu otsus tunnistab tsiviilkohtumenetluse seadustiku § 182 lõike 2 punkti 3 põhiseadusega vastuolus olevaks ja kehtetuks osas, milles see välistab apellatsioonkaebuselt riigilõivu tasumisest täielikult või osaliselt vabastamiseks menetlusabi andmise füüsilisele isikule, kui menetlus on seotud menetlusabi taotleja majandus- või kutsetegevusega ega puuduta tema majandus- või kutsetegevusega mitteseotud õigusi.]
(21) Käesoleva paragrahvi lõike 2 punktide 1 ja 2 puhul ei arvestata menetluskulusid, mis võivad tekkida menetluses tehtava lahendi peale edasikaebamisel. Käesoleva paragrahvi lõike 2 punktis
2 nimetatud varana arvestatakse ka ühisvara ulatuses, milles võib eeldada, et ühisomanikud võiksid seda mõistlikult kasutada menetluskulude katteks.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Käesoleva paragrahvi lõikes 2 sätestatu ei välista menetlusabi andmist, kui menetlusabi taotleja elukoht on mõnes muus Euroopa Liidu liikmesriigis ja ta tõendab, et ta ei suuda menetluskulusid kohe või tervikuna katta elukohariigi elamiskulude tõttu, mis on suuremad kui Eestis.
(4) Menetlusabi, sealhulgas riigi õigusabi andmisel nõukogu määruse (EÜ) nr 4/2009 kohtualluvuse, kohaldatava õiguse, kohtuotsuste tunnustamise ja täitmise ning koostöö kohta ülalpidamiskohustuste küsimustes alusel toimuvas menetluses kohaldatakse käesolevas seadustikus menetlusabi andmise kohta sätestatut üksnes ulatuses, milles nimetatud määruses ei ole ette nähtud teisiti.
[RT I, 14.03.2011, 2 - jõust. 18.06.2011]

§ 183. Juriidilisele isikule ja pankrotivõlgnikule menetlusabi andmise piirangud

(1) Juriidilistest isikutest võib menetlusabi oma eesmärkide saavutamiseks taotleda üksnes tulumaksusoodustusega mittetulundusühingute ja sihtasutuste nimekirja kantud või sellega võrdsustatud mittetulundusühing või sihtasutus, mille asukoht on Eestis või mõnes muus Euroopa Liidu liikmesriigis, kui taotleja põhistab, et ta taotleb menetlusabi keskkonnakaitse või tarbijakaitse valdkonnas või muud ülekaalukat avalikku huvi arvestades paljude inimeste seadusega kaitstud õiguste võimaliku kahjustamise vältimiseks ja ta ei suuda eeldatavasti menetluskulusid oma vara arvel katta või suudab neid tasuda üksnes osaliselt või osamaksetena. Muule välismaisele juriidilisele isikule antakse menetlusabi üksnes välislepingu alusel.
[RT I, 21.04.2011, 16 - jõust. 12.04.2011 Riigikohtu üldkogu otsus tunnistab põhiseadusega vastuolus olevaks ja kehtetuks tsiviilkohtumenetluse seadustiku § 183 lg 1 esimese lause osas,
milles see välistab tsiviilkohtumenetluses menetlusabi andmise selles sättes märgitud kriteeriumitele mittevastavale Eesti eraõiguslikule juriidilisele isikule apellatsioonkaebuselt riigilõivu tasumisest täielikult või osaliselt vabastamiseks.]
(2) Eesti pankrotivõlgnik võib taotleda menetlusabi andmist menetluskulude kandmiseks, kui kulusid ei saa või ei ole põhjendatud katta pankrotihalduri valitsetavast varast ning ei saa eeldada, et kulud kannaksid asja suhtes varalist huvi omavad isikud, muu hulgas pankrotivõlgniku pärijad, liikmed, osanikud, aktsionärid, juhtorgani liikmed või pankrotivõlausaldajad. Pankrotihalduri tasu ja kulutuste katteks määratud menetlusabi, mida ei mõisteta riigi tuludesse välja, ei või olla suurem kui 397 eurot.
[RT I 2010, 22, 108 - jõust. 01.01.2011]
(3) Pankrotivõlgnik võib taotleda käesoleva paragrahvi lõikes 2 nimetatud juhul ka riigi õigusabi andmist. Riigi õigusabi andmise eelduseks on lisaks see, et pankrotihaldur ei saa ise teha taotletavat menetlustoimingut või kui seda ei saa tema kvalifikatsiooni ja ülesandeid arvestades temalt oodata.
[RT I 2006, 7, 42 - jõust. 04.02.2006]

§ 184. Menetlusabi taotluse esitamine ja menetlusabi andmise jätkamine

(1) Menetlusabi taotlus esitatakse kohtule, kus toimub või peaks toimuma menetlus, mille kulude kandmiseks menetlusabi taotletakse.
(2) Menetlusabi taotlus täitemenetlusega seotud kulutuste kandmiseks esitatakse kohtule, kes lahendaks täitemenetlust korraldava kohtutäituri tegevuse peale esitatud kaebuse, ning kohtueelse menetlusega seotud kulutuste kandmiseks kohtule, kelle tööpiirkonnas kohtueelne menetlus toimub.
(3) Käesoleva paragrahvi lõigetes 1 ja 2 nimetatud kohus on ka menetlusabi taotlusi vastuvõttev asutus EL Nõukogu direktiivi 2003/8/EÜ, millega parandatakse õiguskaitse kättesaadavust piiriüleste vaidluste korral, kehtestades sellistes vaidlustes antava tasuta õigusabi kohta ühised miinimumeeskirjad (ELT L 026, 31.01.2003, lk 41–47), artikli 14 tähenduses. Kohus ei või nõuda taotluse legaliseerimist või muul viisil ametlikku kinnitamist.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kui menetlusosalisele on antud menetlusabi ja ta kaebab kohtulahendi edasi, eeldatakse, et menetlusabi andmine kehtib ka igas järgmises kohtuastmes. Kohus kontrollib siiski kaebuse menetlusse võtmisel, kas on piisav alus eeldada, et kavandatav menetluses osalemine on edukas ja menetluses osalemine ei ole ilmselt ebamõistlik ning kohus võib igas menetlusstaadiumis kontrollida, kas menetlusabi andmise majanduslikud eeldused on täidetud. Menetluses osalemise edukust ja mõistlikkust ei kontrollita, kui kohtulahendi on edasi kaevanud juba teine menetlusosaline ja tema kaebus on menetlusse võetud.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Kohtu nõudmisel peab menetlusabi saaja käesoleva paragrahvi lõikes 4 nimetatud juhul andma selgitusi, kas tema varaline seisund on muutunud ja esitama vastavad tõendid. Kohtul on
õigus vajaduse korral muu hulgas küsida andmeid menetlusabi saaja või tema perekonnaliikmete majandusliku seisundi või maksevõime kohta Maksu- ja Tolliametilt, krediidiasutustelt ja muudelt isikutelt või asutustelt.
(6) Kui sissenõudja taotleb menetlusabi täitemenetluse kulude katteks ja on saanud eelnevalt menetlusabi asja menetlemisel, ei pea kohus täiendavalt kontrollima, kas menetlusabi andmise majanduslikud eeldused on täidetud. Kohus peab kõiki menetlusabi andmise eeldusi kontrollima, kui menetlusabi taotletakse enam kui ühe aasta möödumisel menetluses tehtud lahendi jõustumisest.

§ 185. Menetlusabi taotluse sisu

(1) Menetlusabi taotluses märgitakse:
1) menetlus, milleks menetlusabi taotletakse;
2) kellena taotluse esitaja menetluses osaleb või soovib osaleda ja milliseid avaldusi või taotlusi tahab esitada;
3) millel taotluse esitaja nõue või vastuväide põhineb.
(2) Taotlusele lisab taotleja allkirjastatud teatise enda ja oma perekonnaliikmete isikliku ja majandusliku seisundi kohta (perekonnasuhted, elukutse, vara, sissetulek ja kohustused) ning võimaluse korral ka muud dokumendid, mis seda seisundit tõendavad.
(3) Isik, kelle elukoht ei ole Eestis, lisab taotlusele elukohariigi pädeva asutuse teatise tema ja tema perekonnaliikmete kolme viimase aasta sissetuleku kohta. Kui taotleja ei saa teatist mõjuval põhjusel esitada, võib menetlusabi andmise otsustada teatiseta.
(4) Juriidilisest isikust taotleja lisab võimaluse korral menetlusabi taotlusele põhikirja ärakirja ning eelmise majandusaasta aruande kinnitatud ärakirja.
(5) Menetlusabi taotluse ja käesoleva paragrahvi lõikes 2 nimetatud teatise näidisvormi ja selles sisalduvate andmete loetelu kehtestab justiitsminister määrusega ning taotluse ja teatise näidisvorm peab olema igaühele vabalt kättesaadav Justiitsministeeriumi veebilehel ning igas kohtus ja advokaadibüroos. Justiitsminister võib kehtestada ka nõudeid taotleja poolt esitatavatele taotlust põhjendavatele dokumentidele.
(6) Menetlusabi taotlus esitatakse eesti keeles. Taotluse võib esitada ka inglise keeles, kui menetlusabi taotleb füüsiline isik, kelle elukoht on mõnes muus Euroopa Liidu liikmesriigis või kes on mõne muu Euroopa Liidu liikmesriigi kodanik, või juriidiline isik, mille asukoht on mõnes muus Euroopa Liidu liikmesriigis.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 186. Taotleja majandusliku seisundi hindamine

(1) Taotleja majanduslikku seisundit hinnates arvestatakse tema vara ja sissetulekut ning temaga koos elavate perekonnaliikmete vara ja nende sissetulekuid, tema ülalpidamisel olevate isikute arvu, eluasemele tehtavaid mõistlikke kulutusi ning muid tähendust omavaid asjaolusid.
(2) Taotleja majanduslikku seisundit hinnates ei arvestata taotlejale kuuluvat vara, millele seaduse kohaselt ei saa sissenõuet pöörata. Samuti ei arvestata menetlusabi taotlejale kuuluvat ning tema ja temaga koos elavate perekonnaliikmete igapäevakasutuses olevat eluaset ega vajalikke sõiduvahendeid, kui nende arv ja väärtus on õiglases suhtes perekonna suuruse, sõiduvajaduse ning sissetulekuga.
(3) Kui menetlusabi taotleja taotleb menetlusabi temaga koos elava perekonnaliikme vastu nõude esitamiseks, ei arvestata taotleja majandusliku seisundi hindamisel selle perekonnaliikme sissetulekut ega temale kuuluvat vara.
(4) [Kehtetu - RT I 2006, 7, 42 - jõust. 04.02.2006]
(5) Kohus võib menetlusabi taotlejalt nõuda esitatud andmete põhistamist või täiendavate dokumentide ja andmete esitamist või nõuda teistelt isikutelt või asutustelt, sealhulgas krediidiasutustelt, teavet taotleja ja temaga koos elavate perekonnaliikmete majandusliku seisundi või maksevõime kohta. Järelepärimisele tuleb vastata kohtu määratud tähtaja jooksul.
(6) Kui taotluse esitaja ei ole kohtu määratud tähtaja jooksul esitanud põhistatud andmeid oma isikliku ja majandusliku seisundi kohta või vastanud esitatud küsimustele või on seda teinud ebapiisavalt, ei määra kohus menetlusabi andmist ulatuses, mida ei ole põhistatud.
(7) Maksu- ja Tolliamet esitab kohtu nõudmisel teatise menetlusabitaotleja ja tema perekonnaliikmete viimase aasta sissetuleku kohta või sissetulekuandmete puudumise kohta. Teatise vormi kehtestab rahandusminister määrusega.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(8) Tehnilise võimaluse olemasolul tuleb kohtule tagada, et ta saaks taotleja majandusliku seisundi hindamiseks vajalikke andmeid ise Maksu- ja Tolliameti või käesoleva paragrahvi lõikes 5 nimetatud isiku või asutuse andmebaasist kontrollida.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 187. Menetlusabi taotluse lahendamine

(1) Menetlusabi taotlus lahendatakse määrusega. Vajaduse korral võib kohus küsida enne taotluse lahendamist teiste menetlusosaliste seisukohta.
(2) Kohus saadab menetlusabi andmise määruse ärakirja viivitamata Rahandusministeeriumile või rahandusministri määratud Rahandusministeeriumi valitsemisala asutusele.
(3) Kui menetlusabi taotluse edastas kohtule mõne muu Euroopa Liidu liikmesriigi menetlusabi taotluste edastamiseks pädev asutus, saadab kohus menetlusabi taotluse kohta tehtud määruse ärakirja ka sellele asutusele.
(4) Menetlusabi taotluse võib lahendada ka kohtunikuabi. [RT I 2005, 39, 308 - jõust. 01.01.2006]
(5) Menetlusabi andmise taotlus ei peata seaduses sätestatud ega kohtu määratud menetlustähtaja kulgemist. Kohus pikendab siiski mõistlikult enda määratud tähtaega, eelkõige hagile, kaebusele või taotlusele vastamiseks määratud tähtaega, pärast menetlusabi andmise taotluse lahendamist, kui menetlusabi andmise taotlus ei olnud esitatud põhjendamatult või tähtaja pikendamise eesmärgil.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(6) Seaduses sätestatud tähtaja järgimiseks peab menetlusabi taotleja tegema tähtaja kestel ka menetlustoimingu, mille tegemiseks ta menetlusabi taotleb, eelkõige esitama kaebuse. Kaebuse põhjendamiseks või riigilõivu tasumiseks või kaebuses esineva sellise puuduse kõrvaldamiseks, mis on seotud menetlusabi taotlemisega, annab kohus mõistliku tähtaja pärast menetlusabi andmise taotluse lahendamist, kui nimetatud taotlus ei olnud esitatud põhjendamatult või tähtaja pikendamise eesmärgil. See ei välista menetlustähtaja ennistamist.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 188. Osamaksete tasumise peatamine ja maksete suuruse muutmine

(1) Kui menetlusabi korras on määratud menetluskulude tasumine osadena, peatab kohus määrusega osamaksete tasumise, kui:
[RT I 2008, 59, 330 - jõust. 01.01.2009]
1) on ilmne, et menetlusabi saaja senised maksed katavad menetluskulud; [RT I 2008, 59, 330 - jõust. 01.01.2009]
2) jõustub lahend, mille alusel peab menetluskulud kandma teine menetlusosaline.
(2) Kohus ei peata käesoleva paragrahvi lõike 1 punkti 2 kohaselt osamaksete tasumist, kui menetluskulude kandmiseks kohtulahendi alusel kohustatud menetlusosalisele on samuti antud menetlusabi menetluskulude kandmiseks või kui muul põhjusel on ilmne, et see menetlusosaline ei suuda kulusid tasuda.
(3) Kohus võib menetluskulude osamaksete suurust ja tasumise tähtaega määrusega muuta, kui menetlusabi saaja majanduslik seisund on oluliselt muutunud. Kohtu nõudmisel peab menetlusabi saaja andma selgitusi, kas tema majanduslik seisund on muutunud, ja esitama
vastavad tõendid. Kohtul on õigus vajaduse korral muu hulgas küsida andmeid menetlusabi saaja või tema perekonnaliikmete majandusliku seisundi või maksevõime kohta Maksu- ja
Tolliametilt, krediidiasutustelt ja muudelt isikutelt või asutustelt. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Käesoleva paragrahvi lõikes 3 sätestatut kohaldatakse, kui menetlusabi saaja isik õigusjärgluse tõttu muutub, muu hulgas kui menetlusabi saanud hageja loovutab nõude, mille esitamiseks ta on menetlusabi saanud, ja õigusjärglasel ei ole õigust menetlusabile samas ulatuses.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 189. Menetlusabi andmise tühistamine

(1) Kohus võib menetlusabi andmise tühistada, kui:
1) menetlusabi saaja on menetlusabi taotledes esitanud valeandmeid;
2) menetlusabi saamise tingimused puudusid või on ära langenud, muu hulgas menetlusabi saaja isiku muutumise korral õigusjärgluse tõttu, kui õigusjärglasel ei ole õigus saada menetlusabi;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
3) menetlusabi saaja ei ole kohtu määratud osamakseid tasunud kauem kui kolm kuud;
4) menetlusabi saaja ei anna kohtu nõudmisel selgitust oma majandusliku seisundi muutumise kohta või ei esita nõutavaid tõendeid.
(2) Menetlusabi andmise tühistamise korral kannab menetlusabi saanud menetlusosaline oma menetluskulud täies ulatuses.

§ 190. Menetlusabi andmine ja menetluskulude jaotus

(1) Menetlusabi andmine ei välista ega piira menetlusabi saaja kohustust hüvitada kohtulahendi alusel vastaspoolele tekkinud kulutused.
(2) Menetlusosaline, kelle kahjuks lahend tehti, kannab oma menetluskulud täies ulatuses ka siis, kui ta on menetluskulude kandmisest vabastatud või kui talle on antud menetlusabi menetluskulude tasumiseks.
(3) Menetluskulud, mille kandmisest hageja on vabastatud või mida hageja võis tasuda osamaksetena, mõistab kohus hagi rahuldamise korral kostjalt välja riigituludesse võrdeliselt hagi rahuldatud osaga, sõltumata sellest, kas ka kostja sai menetlusabi menetluskulude kandmisel. Sama kehtib hageja poolel menetluses osalevale kolmandale isikule menetlusabi andmise kohta, kui hagi rahuldatakse.
(4) Kui hageja või tema poolel menetluses osalev kolmas isik või hagita menetluse avaldaja sai menetlusabi menetluskulude kandmisel, mõistetakse temalt hagi või avalduse rahuldamata või läbi vaatamata jätmise või asja menetluse lõpetamise korral menetluskulud riigituludesse täies ulatuses välja. Kui hageja loobub hagist või võtab hagi tagasi seetõttu, et kostja on nõude pärast hagi esitamist rahuldanud, kohaldatakse käesoleva paragrahvi lõikes 3 sätestatut.
(5) Kui kostja või tema poolel menetluses osalev kolmas isik sai menetlusabi menetluskulude kandmisel, mõistetakse temalt hagi rahuldamise korral menetluskulud riigituludesse täies ulatuses välja. Menetluskulud, mille tasumisest kostja või tema poolel menetluses osalev kolmas isik on vabastatud või mida kostja või tema poolel menetluses osalev kolmas isik võis tasuda osamaksetena, mõistab kohus hagi rahuldamata või läbi vaatamata jätmise või asja menetluse lõpetamise korral hagejalt välja riigituludesse võrdeliselt hagi rahuldamata jäetud osaga, sõltumata sellest, kas ka hageja sai menetlusabi menetluskulude kandmisel.
(6) Kui menetlusosalisele anti menetlusabi menetluskulude kandmiseks hagita menetluses, võib kohus menetluskulud mõnelt teiselt menetlusosaliselt riigituludesse välja mõista käesoleva seadustiku § 172 lõikes 1 sätestatud tingimustel.
(7) Käesoleva paragrahvi lõigetes 3–6 nimetatud kohtulahendis võib kohus mõjuval põhjusel, muu hulgas kompromissi sõlmimise tõttu, ette näha kulude riigituludesse tasumise hilisema tähtpäeva või osadena tasumise kohtu määratud tähtaja jooksul, samuti vabastada isiku menetluskulude riigituludesse tasumise kohustusest.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(71) Kui riigilõivuseaduse kohaselt on avalduse või kaebuse veebilehe www.e-toimik.ee kaudu esitamisel sätestatud riigilõivu täismäärast madalam riigilõivumäär, mõistetakse käesolevas paragrahvis sätestatu alusel riigituludesse välja riigilõiv madalama riigilõivumäära järgi.
[RT I, 29.06.2012, 3 - jõust. 01.07.2012]
(8) Kui menetlusosalisele anti menetlusabi, sealhulgas riigi õigusabi, nõukogu määruse (EÜ) nr
4/2009 kohtualluvuse, kohaldatava õiguse, kohtuotsuste tunnustamise ja täitmise ning koostöö kohta ülalpidamiskohustuste küsimustes alusel toimuvas menetluses, kohaldatakse käesolevas seadustikus menetluskulude jaotamise kohta sätestatut üksnes ulatuses, milles nimetatud määruses ei ole ette nähtud teisiti.
[RT I, 14.03.2011, 2 - jõust. 18.06.2011]

§ 191. Määruskaebuse esitamine menetlusabi määruse peale

(1) Maakohtu või ringkonnakohtu menetlusabi andmise või sellest keeldumise määruse peale ja kummagi määruse muutmise või tühistamise määruse peale, võib menetlusabi taotleja või saaja või Eesti Vabariik Rahandusministeeriumi või rahandusministri määratud Rahandusministeeriumi valitsemisala asutuse kaudu esitada määruskaebuse. Maakohtu määruse peale esitatud määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Menetlusabi määruse peale ei saa esitada määruskaebust, kui tsiviilasjas endas on tehtud jõustunud kohtulahend.
(3) Määruskaebuse menetlemise kulusid ei hüvitata.
(4) Käesoleva seadustiku § 190 lõigetes 3–6 nimetatud määrustele, millega mõistetakse menetlusosaliselt välja menetluskulud riigituludesse, ja nende peale määruskaebuse esitamisele kohaldatakse käesoleva seadustiku §-s 179 sätestatut.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 192. Menetlusabi andmine menetluseks muus Euroopa Liidu liikmesriigis

Menetlusabi advokaadi õigusabi tagamiseks või avalduse ja selle lisade tõlkimiseks võib vastavalt riigi õigusabi seaduse §-dele 33 ja 34 Harju Maakohtult taotleda ka menetluseks, mis toimub muus Euroopa Liidu liikmesriigis.

§ 193. Menetlusabi andmise taotluste vahendamine teistele Euroopa Liidu liikmesriikidele

(1) Harju Maakohtu vahendusel võib käesolevas jaos sätestatu kohaselt menetlusabi saamiseks õigustatud isik taotleda menetlusabi andmist ka mõnes muus Euroopa Liidu liikmesriigis toimuvas menetluses.
(2) Menetlusabi taotluse edastamiseks esitatakse kohtule menetlusabi taotlus ja sellele lisatud dokumendid selle liikmesriigi keeles, kus menetlusabi andmist taotletakse, tingimusel, et see keel on Euroopa Liidu ametlik keel või et liikmesriik on selle keelega nõustunud vastavalt direktiivi
2003/8/EÜ artikli 14 lõikele 3.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kohus abistab menetlusabi taotlejat teises Euroopa Liidu liikmesriigis menetlusabi taotlemisel, hoolitsedes, et menetlusabi taotlusele oleks lisatud kõik tema andmetel taotluse lahendamiseks vajalikud dokumendid ning korraldades vajaduse korral taotluse ja dokumentide tõlkimise. Dokumente ei pea legaliseerima ega muul viisil ametlikult kinnitama.
(4) Kohus lahendab menetlusabi taotluse edastamise avalduse hagita menetluses. Menetlusabi taotluse edastamisest võib põhjendatud määrusega keelduda, kui taotlus on ilmselt põhjendamatu või see ei kuulu ilmselt direktiivi 2003/8/EÜ kohaldamisalasse.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Kohus edastab menetlusabi taotluse koos lisadokumentidega 15 päeva jooksul, alates nõuetekohases keeles nõuetekohaste taotluse ja lisadokumentide esitamisest või vormistamisest, vastava Euroopa Liidu liikmesriigi taotluse vastuvõtmiseks pädevale asutusele.
(6) Menetlusabi taotluse edastamiselt ei pea tasuma riigilõivu. Muud menetluskulud, eelkõige tõlkekulud, võib kohus määrusega taotluse esitajalt sisse nõuda juhul, kui menetlusabi taotlus jäetakse rahuldamata.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(7) Taotluse edastamisest keeldumise määruse peale võib taotleja esitada määruskaebuse. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
(8) Justiitsminister kehtestab määrusega direktiivi 2003/8/EÜ artikli 16 lõikes 1 ettenähtud mõnes muus Euroopa Liidu liikmesriigis menetlusabi saamise taotluse ja selle edastamise tüüpvormid. Tüüpvormide olemasolul peavad avaldaja ja taotluse edastaja neid kasutama. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(9) Kui Euroopa Liidu teise liikmesriigi taotluse vastuvõtmiseks pädev asutus lükkab menetlusabi andmise taotluse tagasi avaldaja majandusliku olukorra tõttu või teatab kavatsusest taotlus tagasi lükata, väljastab kohus avaldaja taotlusel talle tõendi majandusliku olukorra kohta, kui tal oleks Eestis majandusliku olukorra tõttu õigus menetlusabile, ning edastab tõendi taotluse täiendusena ja sellega samas keeles taotluse vastuvõtmiseks pädevale asutusele.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

19. peatükk TAGATIS

§ 194. Tagatise andmise viis ja suurus

(1) Kui seaduses on ette nähtud poole kohustus anda tagatis, määrab selle andmise viisi ja tagatise suuruse kohus. Kui kohus ei ole seda teinud ja pooled ei ole kokku leppinud teisiti, antakse tagatis raha või väärtpaberite hoiustamisena selleks ettenähtud kontole või Eesti või mõne muu Euroopa Liidu liikmesriigi krediidiasutuse tähtajatu, tagasivõtmatu ja tingimusteta garantiina teise poole kasuks.
[RT I, 31.01.2014, 6 - jõust. 01.04.2014]
(2) Tagatiseks võib olla väärtpaber, kui sellel on turuhind. Väärtpaberit arvestatakse tagatisena mitte suuremas ulatuses kui 3/4 väärtpaberi turuhinnast.
(3) Hoiustamisele kohaldatakse võlaõigusseaduse hoiustamise sätteid. [RT I, 31.01.2014, 6 - jõust. 01.04.2014]
(4) Hoiustamiseks vajaminevad andmed konto kohta avaldatakse kohtu veebilehel. [RT I, 31.01.2014, 6 - jõust. 01.04.2014]

§ 195. Tagatise tagasiandmine

(1) Kui tagatise andmise põhjus on ära langenud, tagastab tagatise määranud või selle andmist võimaldanud kohus tagatise andja avalduse alusel tagatise. Kui tagatis on antud garantiina, määrab kohus garantii lõppemise.
(2) Enne määruse tegemist saadab kohus tagatise tagastamise avalduse seisukoha võtmiseks poolele, kelle kasuks on tagatis antud.
(3) Tagatise tagastamata jätmise määruse peale võib esitada määruskaebuse avaldaja. Tagatise tagastamise määruse peale võib määruskaebuse esitada pool, kelle kasuks tagatis anti.

§ 196. Tagatise andmine menetluskulude katteks

(1) Hagimenetluses võib kohus kostja taotlusel kohustada hagejat andma kostja eeldatavate menetluskulude katteks tagatise, kui hageja:
1) ei ole Eesti Vabariigi, mõne muu Euroopa Liidu liikmesriigi ega Euroopa Majanduspiirkonna lepinguriigi kodanik ja tema elukoht ei ole Eestis, mõnes muus Euroopa Liidu liikmesriigis ega Euroopa Majanduspiirkonna lepinguriigis;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
2) on juriidiline isik, mille asukoht ei ole Eestis, mõnes muus Euroopa Liidu liikmesriigis ega
Euroopa Majanduspiirkonna lepinguriigis; [RT I 2008, 59, 330 - jõust. 01.01.2009]
3) majandusliku seisundi tõttu või muul põhjusel on kostja eeldatavate menetluskulude sissenõudmine ilmselt raskendatud, eelkõige juhul, kui on välja kuulutatud hageja pankrot,
algatatud hageja pankrotimenetlus või kui aasta jooksul enne hagi esitamist on hageja vara suhtes toimunud täitemenetlus, ilma et täitemenetluses esitatud nõuet oleks rahuldatud.
(2) Kohus ei või kohustada hagejat tagatist andma, kui hagejal on menetluskulude katteks Eestis piisavalt vara või talle kuuluvad Eestis asjaõigusega piisavalt tagatud nõuded. Kohus ei või käesoleva paragrahvi lõike 1 punktides 1 ja 2 nimetatud juhul kohustada hagejat tagatist andma, kui:
1) välislepingu alusel ei või tagatist nõuda;
2) kostjale menetluskulude hüvitamise lahend kuulub hageja elu- või asukohamaal täitmisele. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(21) Kui tagatise nõudmise eeldused on täidetud, võib kohus jätta tagatise siiski täielikult või osaliselt nõudmata või määrata selle tasumise osade kaupa, kui hagejalt ei saa majanduslikel või muudel põhjustel mõistlikult oodata tagatise andmist ja hagi läbi vaatamata jätmisega võivad kaasneda rasked tagajärjed hagejale või kui tagatise nõudmine oleks hageja suhtes muul põhjusel ebaõiglane.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kostja võib käesoleva paragrahvi lõikes 1 nimetatud hagejalt nõuda tagatist ka siis, kui tagatise andmise eeldused tekivad alles menetluse ajal, välja arvatud juhul, kui ta on hagi õigeks võtnud. Kui menetluse käigus ilmneb, et antud tagatis ei ole küllaldane, võib kostja nõuda täiendavat tagatist.
(4) Hageja võib esitada tagatise andmist kohustava maakohtu või ringkonnakohtu määruse peale määruskaebuse. Maakohtu määruse peale esitatud määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.

§ 197. Tagatise andmiseks tähtaja määramine

Kohus määrab käesoleva seadustiku §-s 196 sätestatud juhul hagejale kostja eeldatavate menetluskulude katteks tagatise andmise tähtaja. Kui hageja tähtaja jooksul tagatist ei anna, jätab kohus kostja taotlusel hagi läbi vaatamata.

4. osa MENETLUSOSALISED JA NENDE ESINDAJAD

20. peatükk ÜLDSÄTTED

§ 198. Menetlusosalised

(1) Menetlusosalised on:
1) hagimenetluses – pooled ja kolmas isik;
2) hagita menetluses – avaldaja ja muud asjast puudutatud isikud.
(2) Seaduses ettenähtud juhul on menetlusosaline ka avalikku huvi kaitsma õigustatud isik või asutus.
(3) Hagita menetluse osalised kaasab kohus omal algatusel. Eeldatakse, et menetlusosalised on isikud, kellel on seaduse kohaselt õigus hagita menetluses tehtava määruse peale edasi kaevata. Isik ei ole menetlusosaline ainuüksi seetõttu, et ta tuleb seaduse kohaselt ära kuulata või et kohus peab seda vajalikuks. Kohus võib menetlusse seisukoha andmiseks kaasata ka muid isikuid või asutusi, kui see on kohtu arvates vajalik asja õigemaks lahendamiseks.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 199. Menetlusosalise õigused

(1) Menetlusosalisel on õigus:
1) tutvuda toimikuga ja saada sellest ärakirju;
2) teada asja arutava kohtu koosseisu;
3) esitada taandusi ja taotlusi;
4) anda kohtule seletusi ja esitada põhjendusi kõigi asja arutamisel tõusetunud küsimuste kohta;
5) esitada tõendeid ning võtta osa tõendite vaatlusest ja uurimisest;
6) vaielda vastu teiste menetlusosaliste taotlustele ja põhjendustele;
7) esitada küsimusi teistele menetlusosalistele, tunnistajatele ning ekspertidele;
8) saada dokumendina vormistatud kohtulahendi tõestatud ärakirju.
(2) Menetlusosalisel on ka muud käesolevas seadustikus sätestatud menetlusõigused.

§ 200. Menetlusosalise kohustused

(1) Menetlusosaline on kohustatud kasutama oma menetlusõigusi heauskselt.
(2) Kohus ei luba menetlusosalisel ega tema esindajal või nõustajal õigusi kuritarvitada, menetlust venitada ega kohut eksitusse viia.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Menetlusosaline ja tema esindaja peavad kohtule ja teistele menetlusosalistele viivitamata teatama oma aadressi ja sidevahendi andmete muutumisest, sealhulgas andmete ajutisest muutumisest, kohtumenetluse kestel.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]

§ 201. Tsiviilkohtumenetlusõigusvõime

(1) Tsiviilkohtumenetlusõigusvõime on isiku võime omada tsiviilmenetlusõigusi ja kanda tsiviilmenetluskohustusi.
(2) Tsiviilkohtumenetlusõigusvõime on igal isikul, kellel on õigusvõime tsiviilõiguse kohaselt. Tsiviilkohtumenetlusõigusvõime on ka välismaisel isikute ühendusel ja asutusel ning rahvusvahelisel organisatsioonil, kelle õigusvõimet tunnustatakse Eestis rahvusvahelise eraõiguse sätete alusel.

§ 202. Tsiviilkohtumenetlusteovõime

(1) Tsiviilkohtumenetlusteovõime on isiku võime oma tegudega kohtus teostada tsiviilmenetlusõigusi ja täita tsiviilmenetluskohustusi.
(2) Tsiviilkohtumenetlusteovõimet ei ole piiratud teovõimega isikul, välja arvatud, kui täisealise isiku teovõime piiratus ei puuduta tsiviilmenetlusõiguste teostamist ja tsiviilmenetluskohustuste täitmist. Vähemalt viieteistaastane alaealine võib menetluses osaleda kõrvuti seadusliku esindajaga.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kui menetluses esindab tsiviilkohtumenetlusteovõimelist täisealist isikut eestkostja, loetakse, et esindatav on tsiviilkohtumenetlusteovõimetu.
(4) Täisealisele isikule piiratud teovõime tõttu eestkoste seadmise menetluses on eestkostetaval tsiviilkohtumenetlusteovõime. Isiku kinnisesse asutusse paigutamise menetluses on isikul oma teovõimest sõltumata tsiviilkohtumenetlusteovõime, kui ta on vähemalt neljateistaastane.

§ 203. Välismaalase tsiviilkohtumenetlusteovõime

Välismaalane, kellel oma maa õiguse järgi tsiviilkohtumenetlusteovõime puudub, loetakse tsiviilkohtumenetlusteovõimeliseks, kui ta on seda Eesti õiguse kohaselt.

§ 204. Tsiviilkohtumenetlusõigusvõime ja tsiviilkohtumenetlusteovõime kontroll

(1) Kohus kontrollib menetlusosaliste tsiviilkohtumenetlusõigusvõime ja tsiviilkohtumenetlusteovõime olemasolu ning ei luba selle puudumisel isikul menetluses osaleda.
(2) Kui kohtul on kahtlus füüsilisest isikust menetlusosalise tsiviilkohtumenetlusteovõimes, võib ta isikult nõuda arsti arvamuse esitamist või korraldada ekspertiisi. Kui isik sellest keeldub või kui esitatud dokumendid ei kõrvalda kohtu kahtlust, algatab kohus menetluse menetlusosalisele eestkostja määramiseks. Hagejale või muu avalduse või kaebuse esitajale eestkostja määramise menetluse algatamise võimatuse korral jätab kohus avalduse või kaebuse läbi vaatamata.
(3) Kohus võib lubada menetluses osaleda ka tsiviilkohtumenetlusteovõimetul menetlusosalisel, kui menetluses osalemise takistatus seab ohtu menetlusosalise olulise huvi. Sel juhul määrab kohus talle tähtaja esindaja määramiseks. Menetlust lõpetavat kohtulahendit ei või menetluses teha enne, kui tähtaeg on möödunud.
(4) Kohus teavitab viivitamata menetlusosalise elukoha järgset valla- või linnavalitsust, kui tal tekib kahtlus menetlusosalise teovõime suhtes.

21. peatükk POOLED

§ 205. Pooled

(1) Tsiviilkohtumenetluse pooled on hageja ja kostja.
(2) Hageja on isik, kes on esitanud hagi. Kostja on isik, kelle vastu hagi on esitatud.

§ 206. Poolte õigused

(1) Lisaks menetlusosalise õigustele on hagejal õigus muuta hagi alust või eset, suurendada või vähendada oma nõuet või loobuda hagist, kostjal aga õigus hagi õigeks võtta. Poolel on õigus kohtulahendi peale edasi kaevata ja muud käesolevas seadustikus ettenähtud menetlusõigused.
(2) Pooled võivad asja lõpetada kompromissiga.
(3) Poolel on õigus nõuda kohtulahendi sundtäitmist. Hagita menetluses on see õigus menetlusosalisel.

§ 207. Mitme hageja või kostja osavõtt asjast

(1) Mitu isikut võivad esitada ühise hagi ja hagi võib esitada ühiselt mitme kostja vastu, kui:
1) menetluse esemeks on mitme isiku ühine õigus;
2) mitu isikut on õigustatud või kohustatud samast alusest;
3) menetluse esemeks on samalaadsed ja olemuslikult samalaadsest alusest tekkinud nõuded või kohustused.
(2) Iga hageja või kostja osaleb menetluses teise poole suhtes iseseisvalt. Hageja või kostja toimingust ei tulene kaashagejale või -kostjale õiguslikke tagajärgi, kui seaduses ei ole ette nähtud teisiti.
(3) Kui vaidlusalust õigussuhet saab tuvastada üksnes kõigi kaashagejate või -kostjate suhtes ühiselt ja kas või üks kaashageja või -kostja järgib menetlustähtaega, osaleb kohtuistungil, esitab kaebuse või osaleb muu menetlustoimingu tegemisel, kehtivad tema toimingud ka teiste kaashagejate või -kostjate suhtes.

§ 208. Kostja asendamine ja kaasamine

(1) Kui hageja leiab, et hagi on ekslikult esitatud isiku vastu, kes ei peaks olema kostja, võib kohus kuni kohtuliku arutamise lõppemiseni esimese astme kohtus hageja taotlusel menetlust lõpetamata asendada senise kostja teise kostjaga. Sel juhul loetakse hagi esialgse kostja suhtes tagasivõetuks.
(2) Kui hageja leiab, et hagi ei ole esitatud kõigi isikute vastu, kes on vaidlustatud õigussuhte osalised, võib kohus hageja taotlusel kuni kohtuliku arutamise lõppemiseni esimese astme kohtus kaasata kostjana ka need isikud.
(3) Pärast kostja asendamist või kaasamist peab hageja esitama kohtule asendatud või kaasatud kostja jaoks hagiavalduse ärakirja koos lisadega. Pärast kostja asendamist või kaasamist alustatakse asja läbivaatamist algusest peale.

§ 209. Menetlusõigusjärglus

(1) Füüsilisest isikust poole surma või juriidilisest isikust poole lõppemise korral või muul juhul, kui tekib üldõigusjärglus, lubab kohus menetlusse astuda selle poole üldõigusjärglasel, kui seaduses ei ole ette nähtud teisiti. Üldõigusjärglus on võimalik menetluse igas staadiumis.
(2) Üldõigusjärglasele on kohustuslikud kõik enne tema menetlusse astumist tehtud menetlustoimingud samal määral, kui need oleksid olnud kohustuslikud tema õiguseelnejale.

§ 210. Vaidlusaluse eseme võõrandamine

(1) Hagi esitamine ja menetlemine ei puuduta poole õigust võõrandada vaidlusalune ese või loovutada vaidlusalune nõue.
(2) Vaidlusaluse eseme omandi või muu sellesarnase õiguse üleandmine või nõude loovutamine kolmandale isikule (eriõigusjärglus) ei mõjuta iseenesest asja menetlust.
(3) Õigusjärglane võib käesoleva paragrahvi lõikes 2 nimetatud juhul vastaspoole ja õiguseelneja nõusolekul astuda menetlusse poole õiguseelneja asemel. Vastaspoole või õiguseelneja nõusolekuta võib õigusjärglane astuda menetlusse ja teda võib sinna kaasata kolmanda isikuna õiguseelneja poolel.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kui eseme võõrandab hageja ja asjas tehtav otsus ei kehtiks käesoleva seadustiku § 460 kohaselt õigusjärglase suhtes, võib kostja hagejale esitada vastuväite, et hageja on nõudeõiguse kaotanud.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 211. Kinnisasja, laeva ja õhusõiduki võõrandamine

(1) Kui omaniku ja kolmanda isiku vahel on vaidlus kinnisasjaga seotud asjaõiguse või seda tagava märke olemasolu või puudumise või kinnisasjaga seotud kohustuse üle, on õigusjärglasel kinnisasja võõrandamise korral õigus ja vastaspoole taotlusel kohustus astuda menetlusse omandi ülemineku ajast alates poolena senise poole asemel. See kehtib ka kinnisasja üüri- või rendilepingust või selle puudumisest tuleneva vaidluse kohta, kui lepingu kohta on kantud märge kinnistusraamatusse.
(2) Kui vastaspool taotleb teise poole õigusjärglase menetlusse astumist, kuid see taotluse kohtu poolt kättetoimetamisele vaatamata menetlusse ei astu, loetakse õigusjärglus kättetoimetamisega tunnustatuks ja pool asendatuks.
(3) Käesoleva paragrahvi lõigetes 1 ja 2 sätestatut ei kohaldata, kui asjas tehtav otsus ei kehtiks käesoleva seadustiku § 460 kohaselt õigusjärglase suhtes. Kui sellisel juhul on võõrandaja hageja, võib kostja hagejale esitada vastuväite, et hageja on nõudeõiguse kaotanud.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Käesoleva paragrahvi lõigetes 1–3 sätestatut kohaldatakse ka vaidlusele, mis käsitleb õigust laevakinnistusraamatusse kantud laevale või tsiviilõhusõidukite registrisse kantud õhusõidukile.

22. peatükk KOLMANDAD ISIKUD

§ 212. Iseseisva nõudega kolmas isik

(1) Kui kolmas isik esitab iseseisva nõude hageja ja kostja vahelise vaidluse eseme suhtes, võib ta kuni asja sisulise arutamise lõppemiseni maakohtus esitada samas menetluses hagi mõlema poole vastu.
(2) Iseseisva nõudega kolmandal isikul on hageja õigused ja kohustused.

§ 213. Iseseisva nõudeta kolmas isik

(1) Kolmas isik, kes ei esita iseseisvat nõuet menetluseseme suhtes, kuid kellel on õiguslik huvi selle suhtes, et vaidlus lahendataks ühe poole kasuks, võib menetlusse astuda hageja või kostja poolel. Iseseisva nõudeta kolmanda isiku võib käesoleva seadustiku §-s 216 sätestatud alusel ja korras menetlusse kaasata ka poole taotlusel.
(2) Iseseisva nõudeta kolmas isik saab menetlusse astuda ning teda võib menetlusse kaasata menetluse igas staadiumis igas kohtuastmes kuni kohtuotsuse jõustumiseni. Iseseisva nõudeta kolmas isik võib menetlusse astuda muu hulgas kohtulahendi peale edasi kaevates. Sel juhul lahendatakse tema kaasamine kaebuse menetlusse võtmise lahendamisel.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 214. Iseseisva nõudeta kolmanda isiku menetlusse astumise ja kaasamise tagajärjed

(1) Iseseisva nõudeta kolmanda isiku menetlusse astumiseni või menetlusse kaasamiseni tehtud menetlustoimingud kehtivad ka kolmanda isiku suhtes.
(2) Iseseisva nõudeta kolmas isik võib teha kõiki menetlustoiminguid peale nende, mida saab teha üksnes hageja või kostja, muu hulgas saab ta asjas tehtud lahendi peale kaevata. Tema avaldusel, kaebusel või muul menetlustoimingul on menetluses õiguslik tähendus üksnes juhul, kui see ei ole vastuolus selle hageja või kostja avalduse, kaebuse või toiminguga, kelle poolel kolmas isik menetluses osaleb. Kaebuse esitamiseks või muu menetlustoimingu tegemiseks kehtib kolmanda isiku suhtes sama tähtaeg kui selle hageja või kostja suhtes, kelle poolel ta menetluses osaleb, kui seadusest ei tulene teisiti.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Iseseisva nõudeta kolmas isik ei või hageja või kostja suhtes, kelle poolel ta menetlusse astus või kaasati, järgnevas menetluses tugineda sellele, et menetluses tehtud lahendi resolutsioon on ebaõige või et asjaolud on ebaõigesti tuvastatud.
(4) Kui pool algatab iseseisva nõudeta kolmanda isiku vastu menetluse eelmisele menetlusele tuginedes, võib kolmas isik esitada ka vastuväite, mille ta on esitanud menetluses kolmanda isikuna ja mis on vastuolus poole avaldustega. Kolmas isik võib esitada ka vastuväite, et ta ei saanud esitada taotlust, väidet või tõendit või kaebust, kuna ta astus menetlusse või kaasati sinna liiga hilja või ta ei saanud neid esitada hageja või kostja, kelle poolel ta menetluses osales, avalduste või toimingute tõttu. Ta võib samuti esitada vastuväite, et hageja või kostja ei esitanud tahtlikult või raskelt hooletult taotlust, väidet, tõendit või kaebust, mis oli kolmandale isikule teadmata.

§ 215. Iseseisva nõudeta kolmanda isiku menetlusse astumine

(1) Iseseisva nõudeta kolmas isik esitab menetlusse astumiseks avalduse asja menetlevale kohtule.
(2) Käesoleva paragrahvi lõikes 1 nimetatud avalduses märgitakse lisaks menetlusdokumentide muudele andmetele (§ 338):
1) andmed poolte ja kohtuvaidluse kohta;
2) õigusliku huvi, mida iseseisva nõudeta kolmas isik asjas omab, põhistus;
3) menetlusega ühinemise taotlus.
(3) Kohus toimetab käesoleva paragrahvi lõikes 1 nimetatud avalduse kätte mõlemale poolele ja annab neile tähtaja seisukoha võtmiseks.
(4) Kohus rahuldab iseseisva nõudeta kolmanda isiku taotluse ja lubab tal menetlusse astuda, kui avaldus vastab seaduses sätestatud nõuetele ja kolmas isik põhistab oma õiguslikku huvi.
(5) Kui ilmneb, et kolmas isik on astunud menetlusse põhjendamatult, võib kohus ta määrusega menetlusest kõrvaldada.
(6) Määruse peale, millega kohus lubab kolmandal isikul menetlusse astuda, või keeldub sellest või kõrvaldab kolmanda isiku menetlusest, võib pool või kolmas isik esitada määruskaebuse. Maakohtu määruse peale esitatud määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.

§ 216. Kolmanda isiku kaasamine

(1) Pool, kes kohtuvaidluse lahendamise korral tema kahjuks võib kolmanda isiku vastu esitada enda arvates lepingu rikkumisest tuleneva või kahju hüvitamise või hüvituskohustusest vabastamise nõude või kellel on alust eeldada kolmanda isiku sellise nõude esitamist tema vastu, võib kuni eelmenetluse lõppemiseni või kirjalikus menetluses taotluste esitamise tähtaja möödumiseni esitada asja menetlevale kohtule avalduse kolmanda isiku menetlusse kaasamiseks. [RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(11) Pärast eelmenetluse lõppemist võib esitada avalduse kolmanda isiku menetlusse kaasamiseks üksnes teiste menetlusosaliste või kohtu nõusolekul. Pärast eelmenetluse lõppemist nõustub kohus kolmanda isiku kaasamisega üksnes juhul, kui avalduse õigeaegselt esitamata jätmiseks oli mõjuv põhjus ja kolmanda isiku kaasamine on kohtu arvates asja lahendamise huvides.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(2) Hageja või kostja poolel kolmanda isiku kaasamise avalduses märgitakse:
1) kolmanda isiku nimi;
2) menetluse sisu ja staadium;
3) kolmanda isiku menetlusse kaasamise põhjus ja põhistus.
(3) Kohus toimetab avalduse kätte kolmandale isikule ja teatab avaldusest teisele poolele ning annab neile tähtaja seisukoha võtmiseks.
(4) Kohus kaasab kolmanda isiku määrusega, kui avaldus vastab seaduses sätestatud nõuetele ja pool põhistab kolmanda isiku kaasamise vajaduse. Kolmas isik loetakse kaasaja poolel menetlusse kaasatuks alates kaasamise määruse kolmandale isikule kättetoimetamisest.
(5) Kui ilmneb, et kolmas isik on kaasatud menetlusse põhjendamatult, võib kohus ta määrusega menetlusest kõrvaldada.
(6) Määruse peale, millega kohus kolmanda isiku menetlusse kaasab või kaasamata jätab või menetlusest kõrvaldab, võib pool või kolmas isik esitada määruskaebuse. Maakohtu määruse peale esitatud määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.

23. peatükk ESINDAMINE

§ 217. Esindamine kohtus

(1) Menetlusosaline võib menetluses osaleda isiklikult või tsiviilkohtumenetlusteovõimelise esindaja kaudu, kui seaduses ei ole ette nähtud teisiti.
(2) Isiklik osavõtt asjast ei võta menetlusosaliselt õigust omada selles asjas esindajat või nõustajat. Esindaja osavõtt asjast ei piira tsiviilkohtumenetlusteovõimelise menetlusosalise isiklikku osavõttu asjast.
(3) Tsiviilkohtumenetlusteovõimetut menetlusosalist esindab kohtus tema seaduslik esindaja. (4) Esindusele kohtus kohaldatakse tsiviilseadustiku üldosa seaduses esinduse kohta sätestatut,
kui käesolevast seadustikust ei tulene teisiti.
(5) Esindajal on selle menetlusosalise õigused ja kohustused, keda ta esindab. Esindaja tehtud menetlustoiming loetakse tehtuks esindatud menetlusosalise poolt. Asjaolu omaksvõtmise ja
muude avalduste kohta kehtib see niivõrd, kuivõrd juuresviibiv menetlusosaline omaksvõttu või avaldust kohe tagasi ei võta või ei paranda.
(6) Esindaja käitumine ja teadmine loetakse võrdseks menetlusosalise käitumise ja teadmisega. (7) Kui menetluses esindab last selleks määratud esindaja, ei ole vanematel õigust menetluses
last esindada.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(8) Kui kohus leiab, et menetlusosaliseks olev füüsiline isik ei ole ise võimeline kaitsma oma õigusi ja tema olulised huvid võivad advokaadi abita jääda kaitseta, selgitab kohus talle võimalust saada riigi õigusabi.

§ 218. Lepinguline esindaja

(1) Lepinguline esindaja võib kohtus olla:
1) advokaat;
2) muu isik, kes on omandanud õiguse õppesuunal vähemalt riiklikult tunnustatud magistrikraadi, sellele vastava kvalifikatsiooni Eesti Vabariigi haridusseaduse § 28 lõike 22 tähenduses või sellele vastava välisriigi kvalifikatsiooni;
[RT I 2008, 29, 189 - jõust. 01.07.2008]
21) [kehtetu - RT I 2008, 29, 189 - jõust. 01.07.2008]
3) prokurist kõigis menetlusosalise majandustegevusega seotud kohtumenetlustes;
4) üks hageja kaashagejate või üks kostja kaaskostjate volitusel;
5) menetlusosalise üleneja või alaneja sugulane või abikaasa;
6) muu isik, kelle õigus olla lepinguline esindaja tuleneb seadusest.
(2) Menetlusosalise töötaja või teenistuja võib kohtus olla menetlusosalise lepinguliseks esindajaks, kui tal on kohtu arvates piisavad teadmised ja kogemused menetlusosalise esindamiseks.
(3) Hagimenetluses Riigikohtus võib menetlusosaline menetlustoiminguid teha ning avaldusi ja taotlusi esitada üksnes vandeadvokaadi vahendusel. Hagita menetluses võib menetlusosaline Riigikohtus menetlustoiminguid teha ning avaldusi ja taotlusi esitada ise või advokaadi vahendusel.
(4) Hagimenetluses Riigikohtus võib menetlusosaline ise esitada menetlusabi saamise taotluse, samuti esitada teise menetlusosalise kaebuse või muu taotluse kohta seisukohti ja vastuväiteid. Koos vandeadvokaadiga võib menetlusosaline esitada Riigikohtu istungil seisukohti.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Justiitsminister või tema määratud esindaja võib esindada Eesti Vabariiki Riigikohtus ka juhul, kui ta ei ole vandeadvokaat. Pankrotivõlgnikku võib Riigikohtus ka hagimenetluses esindada pankrotihaldur. Notar võib menetlusosalist esindada Riigikohtus hagita menetluses notariaadiseaduse §-s 30 sätestatud korras.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 219. Esindaja kohtu määramisel

(1) Kui avalduse esitab isik, kellel ei ole tsiviilkohtumenetlusteovõimet, või kui hagi esitatakse tsiviilkohtumenetlusteovõimetu isiku vastu, kellel puudub seaduslik esindaja, määrab kohus talle kuni seadusliku esindaja menetlusse astumiseni ajutise esindaja, kui poole menetluses osalemise takistatus seab ohtu poole olulise huvi.
(2) Perekonnaasjas võib kohus määrata tsiviilkohtumenetlusteovõimetule isikule teda puudutavas menetluses esindaja, kui see on vajalik tsiviilkohtumenetlusteovõimetu isiku huvide kaitseks. Esindaja tuleb määrata, kui:
1) tsiviilkohtumenetlusteovõimetu isiku huvid on oluliselt vastuolus tema seadusliku esindaja huvidega;
2) kohus menetleb eestkoste seadmist tsiviilkohtumenetlusteovõimetu isiku üle;
3) kohus menetleb abinõude rakendamist lapse heaolu tagamiseks, mis on seotud lapse eraldamisega perekonnast või isikuhooldusõiguse täieliku äravõtmisega;
[RT I 2009, 60, 395 - jõust. 01.07.2010]
4) kohus menetleb lapse äravõtmist kasuperekonnast või ühelt abikaasalt või muult lapsega suhtlemiseks õigustatud isikult.
(3) Tsiviilkohtumenetlusteovõimetule isikule ei pea esindajat määrama ja esindaja määramise määruse võib tühistada, kui teda esindab advokaat või muu kohane esindaja.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kohtu määratud esindaja esindusõigus lõpeb menetlust lõpetava lahendi jõustumisega või menetluse muul viisil lõppemisega, kui kohus ei lõpeta esindusõigust juba varem või ei ole esindajat määranud vaid ühe kohtuastme jaoks. Kui esindaja on määratud üksnes ühe kohtuastme jaoks, on esindajal esindusõigus ka kaebuse esitamiseks selles kohtuastmes tehtud lahendi peale.
(5) Kohus määrab käesoleva paragrahvi lõigetes 1 ja 2 sätestatud juhul, samuti muul käesolevas seadustikus sätestatud juhul isiku huvide kaitseks tema esindajaks riigi õigusabi seaduses sätestatud korras advokaadi. Advokaadi nimetab kohtule Eesti Advokatuur, kes tagab ka advokaadi osavõtu menetlusest. Advokaadi määramisel ei kontrolli kohus täiendavalt riigi õigusabi saamise eeldusi.
(6) Kohtu määratud advokaat saab tasu riigi arvel riigi õigusabi seaduses ettenähtud ulatuses ja korras. Isikut, kelle huvide kaitseks advokaat määrati, võib kohustada advokaadile tasutu riigile tagastama üksnes juhul, kui isik ei kasuta mõistlikku võimalust kaitsta oma huvisid menetluses teisiti kui kohtu määratud esindaja kaudu, või muul mõjuval põhjusel. See ei vabasta kulude tasumisest menetlusosalist, kes peab kandma menetluskulud kohtulahendi järgi.
(7) Kohus võib isiku huvide kaitseks menetluses määrata esindajaks ka muu isiku kui
advokaadi, kes on kohtu hinnangul selleks piisavalt pädev ja kes esindamisega nõustub. Sellisele esindajale tasu ei maksta, kuid ta võib nõuda oma muude kulude hüvitamist menetlusosaliselt, kes peab kandma menetluskulud kohtulahendi alusel.

§ 220. Eesti Vabariigi esindamine menetlusosalisena

(1) Eesti Vabariigi vastu täitevvõimu kandja tegevusest tulenevalt esitatud hagis või tema menetlusse kaasamise korral kolmanda isikuna või hagita menetluses osalemisel esindab Eesti Vabariiki ministeerium, kelle enda või kelle valitsemisalas oleva asutuse või kelle teenistuses oleva ametiisiku tegevusega on tsiviilasi seotud või kelle valitsemisalasse kuulub menetluse esemeks olev tsiviilasi. Kui menetlus seostub maavanema pädevusse kuuluva küsimusega, esindab Eesti Vabariiki asjaomane maavanem. Kui avaldus käsitleb Riigikantselei ülesannete täitmist, esindab Eesti Vabariiki Riigikantselei.
(2) Muu riigivara valitseja tegevusest tulenevalt Eesti Vabariigi vastu esitatud hagis või tegevusega seotud muus tsiviilasjas esindab Eesti Vabariiki selle riigivara valitseja.
(3) Justiitsministeeriumil on õigus esindada Eesti Vabariiki kõigis kohtumenetlustes.
(4) Kohus saadab Eesti Vabariigi vastu esitatud hagiavalduse või Eesti Vabariigi kaasamise avalduse käesoleva paragrahvi lõigetes 1 ja 2 nimetatud asutustele. Kui kohus ei suuda täpselt tuvastada ministeeriumi, kelle valitsemisalasse esitatud avaldus kuulub, või muud riigivara valitsejat, saadab kohus avalduse Justiitsministeeriumile.

§ 221. Esindaja esindusõiguse tõendamine

(1) Seadusliku esindaja esindusõigust tõendab dokument, millest nähtub tema seaduslikuks esindajaks olek.
(2) Lepingulise esindaja volitust tõendab volikiri, mis esitatakse kohtule. Kohus võib poolelt vajaduse korral nõuda notariaalselt kinnitatud või tõestatud volikirja.
(3) Isik võib kohtuistungil volituse anda ka suuliselt. Volituse andmine protokollitakse.

§ 222. Esindusõiguse seadusjärgne ulatus

(1) Õigus esindamiseks kohtus annab esindajale õiguse teha esindatava nimel kõiki menetlustoiminguid, sealhulgas järgmisi:
1) hagi või muu avalduse esitamine;
2) asja üleandmine vahekohtule;
3) hagist loobumine;
4) hagi õigeksvõtmine;
5) hagi aluse või eseme muutmine;
6) vastuhagi esitamine;
7) osalemine iseseisva nõudega kolmanda isiku hagi menetlemisel;
8) kompromissi sõlmimine;
9) volituse edasiandmine teisele isikule (edasivolitus);
10) kohtulahendi peale kaebuse esitamine;
11) esindamine hagi tagamisel ja täitemenetluses;
12) hüvitatavate menetluskulude vastuvõtmine.
(2) Abielu lahutamise või kehtetuks tunnistamise avalduse võib tsiviilkohtumenetlusteovõimetu abikaasa esindaja esitada üksnes eestkosteasutuse nõusolekul.
(3) Perekonnaasjas antud volitus peab olema antud sõnaselgelt selle perekonnaasja ajamiseks.

§ 223. Esindusõiguse piiramine

Menetlusosaline võib esindaja esindusõiguse seadusjärgset ulatust piirata. Menetlusosalise esindaja esindusõiguse seadusjärgse ulatuse piiramine kehtib kohtu ja teiste menetlusosaliste suhtes üksnes ulatuses, milles see puudutab õigust lõpetada kohtuvaidlus kohtuliku kompromissiga, loobuda hagist või võtta hagi õigeks, tingimusel, et piirang on kohtule ja menetlusosalistele teatavaks tehtud.

§ 224. Mitme lepingulise esindaja esindusõigus

Mitme lepingulise esindaja olemasolu korral võib neist menetlusosalist esindada igaüks eraldi. Teistsugune esindusõiguse ulatuse määramine ei kehti teiste menetlusosaliste ega kohtu suhtes.

§ 225. Volituse lõppemine

(1) Kui esindatav võtab volituse tagasi, lõpeb volitus vastaspoole ja kohtu suhtes volituse tagasivõtmisest vastaspoolele ja kohtule teatamisega. Eeldatakse, et advokaadi volitus lõpeb ka uue advokaadi nimetamisest vastaspoolele ja kohtule teatamisega.
(2) Kui esindaja lõpetab volituse aluseks oleva lepingu, võib ta esindatava huvides edasi tegutseda ja teda esindada siiski niikaua, kuni esindatav on korraldanud oma huvide kaitsmise muul viisil.
(3) Volitus ei lõpe volitaja surmaga, tsiviilkohtumenetlusteovõimetuks muutumisega ega tema seadusliku esindaja muutumisega.
(4) Esindatav võib esindaja volituse lõppemisele tähtaja möödumise tõttu menetluses tugineda üksnes juhul, kui esindaja või esindatav on volituse lõppemisest kohtule ja vastaspoolele eraldi teatanud.

§ 226. Esindusõiguse kontroll

(1) Kohus kontrollib esindaja esindusõiguse olemasolu ning ei luba selle puudumisel isikul esindajana menetluses osaleda. Menetlusosaline võib nõuda teiste menetlusosaliste esindajate esindusõiguse kontrollimist igas menetlusstaadiumis igas kohtuastmes. Advokaadi puhul eeldatakse esindusõiguse olemasolu.
(2) Esindusõiguse puudumise tuvastamise korral võib kohus:
1) jätta hagi läbi vaatamata, kui hageja nimel hagiavalduse esitanud isikul ei olnud esindusõigust hagi esitamisel;
2) teha otsuse, kui otsuse tegemine on seaduse kohaselt võimalik;
3) kõrvaldada esindusõiguseta isik määrusega menetlusest, kui menetlusosalisel on menetluses mitu esindajat;
4) lubada esindajal menetluses osaleda käesoleva seadustiku § 227 kohaselt;
5) lükata asja arutamine edasi.
(3) Kui esindusõiguse puudumine selgub menetluse kestel, kuid hagi on esitatud õigesti, loetakse, et esindatud menetlusosaline ei ole esindusõiguseta esindatud ulatuses menetluses osalenud, kui menetlusosaline ei kiida esindajana esinenud isiku menetlustoiminguid hiljem heaks.

§ 227. Ebaselge esindusõigusega isiku ajutine menetlusse lubamine ja esinduse heakskiitmine

(1) Kui hageja nimel esitab hagi isik, kes ei tõenda oma esindusõigust, ei toimeta kohus hagi enne esindusõiguse tõendamist kostjale kätte.
(2) Kui menetlusosalise esindaja ei suuda oma esindusõigust kohtus tõendada, kuid väidab seda olevat võimalik hiljem teha, võib kohus asja arutamise edasi lükata või lubada isikul ajutiselt esindajana menetluses osaleda.
(3) Asja arutamise edasilükkamise või ebaselge esindusõigusega isiku esindajana menetlusse lubamise korral määrab kohus talle tähtaja esindusõiguse tõendamiseks ning võib nõuda talt tagatist menetluskulude ja teistele menetlusosalistele tekkida võivate kulutuste ja kahju katteks.
(4) Esindusõiguseta isiku menetlusse lubamise korral võib kohus teha otsuse või menetlust lõpetava määruse alles pärast esindusõiguse tõendamist, volituseta esindamise heakskiidu esitamist või selleks kohtu antud tähtaja möödumist.
(5) Kui hageja nimel esinenud isik ei ole kohtu määratud tähtaja jooksul esindusõigust tõendanud või heakskiitu esitanud, jätab kohus hagi läbi vaatamata, kui läbi vaatamata jätmise muud eeldused on täidetud. Kui kostja nimel esinenud isik ei ole kohtu määratud tähtaja jooksul esindusõigust tõendanud või heakskiitu esitanud, teeb kohus tagaseljaotsuse, kui tagaseljaotsuse muud eeldused on täidetud. Kui menetlusosalise nimel kaebuse esitanud isik ei ole kohtu määratud tähtaja jooksul esindusõigust tõendanud või heakskiitu esitanud, jätab kohus kaebuse läbi vaatamata, kui läbi vaatamata jätmise muud eeldused on täidetud.
(6) Käesoleva paragrahvi lõikes 5 nimetatud lahendiga mõistetakse esindusõiguseta isikult teiste menetlusosaliste kasuks välja esindusõiguseta esindaja menetlusse lubamisest tekkinud kulud. See ei välista ega piira menetlusosaliste õigust nõuda kulusid ületava kahju hüvitamist.
(7) Menetlusosalise nimel tehtud menetlustoimingud kehtivad ka juhul, kui menetlusosaline andis esindajale volituse muus vormis kui kirjalikult või notariaalselt kinnitatuna või tõestatuna või kui menetlusosaline kiitis esindaja menetluses osalemise sõnaselgelt või vaikivalt heaks. Eeldatakse, et menetlusosaline on teda menetluses esindanud isiku volituse heaks kiitnud, kui ta andis talle hiljem volituse.

§ 228. Nõustaja

(1) Menetlusosaline võib menetluses nõustajana kasutada tsiviilkohtumenetlusteovõimelist isikut.
(2) Nõustaja võib esineda kohtuistungil koos menetlusosalisega ja anda selgitusi. Nõustaja ei saa teha menetlustoiminguid ega esitada taotlusi.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Nõustaja poolt kohtuistungil esitatu loetakse menetlusosalise poolt esitatuks, kui menetlusosaline seda kohe tagasi ei võta või ei paranda.

5. osa TÕENDID

24. peatükk ÜLDSÄTTED

§ 229. Tõendi mõiste

(1) Tõendiks tsiviilasjas on igasugune teave, mis on seaduses sätestatud protsessivormis ja mille alusel kohus seaduses sätestatud korras teeb kindlaks poolte nõudeid ja vastuväiteid põhjendavad asjaolud või nende puudumise, samuti muud asja õigeks lahendamiseks tähtsad asjaolud.
(2) Tõendiks võib olla tunnistaja ütlus, menetlusosalise vande all antud seletus, dokumentaalne tõend, asitõend, vaatlus ning eksperdiarvamus. Hagita menetluses võib kohus lugeda asjaolude tõendamiseks piisavaks ka muu tõendusvahendi muu hulgas menetlusosalise seletuse, mis ei ole antud vande all.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 230. Tõendamise ja tõendite esitamise kohustus

(1) Kumbki pool peab hagimenetluses tõendama neid asjaolusid, millele tuginevad tema nõuded ja vastuväited, kui seadusest ei tulene teisiti. Pooled võivad kokku leppida tõendamiskoormise jaotuse erinevalt seaduses sätestatust ja selle, millised on tõendid, millega mingit asjaolu võib tõendada, kui seadusest ei tulene teisiti.
(2) Tõendeid esitavad menetlusosalised. Kohus võib teha menetlusosalistele ettepaneku esitada täiendavaid tõendeid.
(3) Abieluasjas ja põlvnemisasjas, samuti lapse huve puudutavas vaidluses ja hagita menetluses võib kohus tõendeid koguda omal algatusel, kui seadusest ei tulene teisiti.
(4) Ülalpidamisasjas võib kohus kohustada poolt esitama andmed ja dokumendid oma sissetuleku ja varalise seisundi kohta, hoiatades teda, et võimalik on teha käesoleva paragrahvi lõikes 5 nimetatud järelepärimine.
(5) Kohus võib käesoleva paragrahvi lõikes 4 sätestatud juhul nõuda asjakohast teavet:
1) poole tööandjalt, muu hulgas endiselt tööandjalt;
2) Sotsiaalkindlustusametilt ja muult asutuselt või isikult, kes teeb vanadusega või töövõime kaotusega seotud väljamakseid;
[RT I, 06.12.2012, 1 - jõust. 01.01.2013]
3) kindlustusseltsidelt;
4) Maksu- ja Tolliametilt;
5) krediidiasutustelt.
(6) Käesoleva paragrahvi lõikes 5 nimetatud isik ja asutus on kohustatud andma kohtule teavet kohtu määratud tähtaja jooksul. Kohustuse rikkumise korral võib kohus kohustatud isikut või asutust trahvida.
[RT I 2005, 39, 308 - jõust. 01.01.2006]

§ 231. Tõendamisest vabastamise alused

(1) Tõendada ei ole vaja asjaolu, mida kohus loeb üldtuntuks. Üldtuntuks võib kohus lugeda asjaolu, mille kohta saab usaldusväärset teavet menetlusvälistest allikatest.
(2) Poole faktilise asjaolu kohta esitatud väide ei vaja tõendamist, kui vastaspool võtab selle omaks. Omaksvõtt on faktilise väitega tingimusteta ja selgesõnaline nõustumine kohtule adresseeritud kirjalikus avalduses või kohtuistungil, kus nõustumine protokollitakse. Abieluasjas ja põlvnemisasjas hindab kohus omaksvõttu koos muude tõenditega.
(3) Omaksvõtu võib tagasi võtta üksnes teise poole nõusolekul või juhul, kui tagasivõttev pool tõendab, et väide asjaolu olemasolu või puudumise kohta, mis omaks võeti, ei vasta tõele ja omaksvõtt oli tingitud ebaõigest ettekujutusest asjaolust. Sel juhul ei loeta asjaolu omaksvõetuks.
(4) Omaksvõttu eeldatakse, kuni vastaspool ei vaidlusta faktilise asjaolu kohta esitatud väidet selgesõnaliselt ja vaidlustamise tahe ei ilmne ka poole muudest avaldustest.

§ 232. Tõendite hindamine

(1) Kohus hindab seadusest juhindudes kõiki tõendeid igakülgselt, täielikult ja objektiivselt ning otsustab oma siseveendumuse kohaselt, kas menetlusosalise esitatud väide on tõendatud või mitte, arvestades muu hulgas poolte kokkuleppeid tõendamise kohta.
(2) Ühelgi tõendil ei ole kohtu jaoks ette kindlaksmääratud jõudu, kui pooled ei ole kokku leppinud teisiti.
(3) Kohus on seotud vaieldava asjaolu kindlakstegemisel arvamusega, mille on andnud poolte kokkuleppel määratud asjatundja, kui:
1) tegemist on vaidlusega, mis tuleneb mõlema poole majandus- või kutsetegevuses sõlmitud lepingust, ja
2) puudub asjaolu, mis oleks aluseks asjatundja menetluses eksperdina taandamiseks, ja
3) asjatundja määrati vastavalt kokkuleppele, üht poolt eelistamata ja
4) asjatundja arvamus ei ole ilmselt ebaõige.

§ 233. Nõude suuruse hindamine

(1) Kui menetluses on tuvastatud kahju tekitamine, kuid kahju täpset suurust ei õnnestu kindlaks teha või selle kindlakstegemine oleks seotud eriliste raskustega või ebamõistlikult suurte kuludega, muu hulgas kui tegemist on mittevaralise kahjuga, otsustab kohus kahju suuruse oma siseveendumuse kohaselt kõiki asjaolusid arvestades.
(2) Käesoleva paragrahvi lõikes 1 sätestatut kohaldatakse ka muule varalisele vaidlusele, kui poolte vahel on vaieldav nõude suurus ja kõigi selle määramiseks vajalike asjaolude täielik väljaselgitamine on seotud ebamõistlike raskustega.

§ 234. Välisriigi ja rahvusvahelise õiguse ning tavaõiguse tõendamine

Väljaspool Eesti Vabariiki kehtivat õigust, rahvusvahelist õigust ja tavaõigust tuleb tõendada üksnes niivõrd, kuivõrd need ei ole kohtule teada. Õiguse väljaselgitamisel võib kohus kasutada ka teisi teabeallikaid ning teha teabe hankimiseks vajalikke toiminguid. Välisriigi õiguse väljaselgitamisel lähtub kohus muu hulgas rahvusvahelise eraõiguse seaduse §-st 4.

§ 235. Põhistamine

Väite põhistamine on kohtule väite põhjendamine selliselt, et põhjenduse õigsust eeldades saab kohus lugeda väite usutavaks. Põhistamiseks kohustatud isik võib kasutada selleks kõiki seadusega lubatud tõendeid, samuti tõendusvahendeid, mida ei ole seaduses tõendiks loetud või mis ei ole tõendile ettenähtud protsessuaalses vormis, muu hulgas allkirjastatud kinnitust, kui seaduses ei ole sätestatud teisiti.

25. peatükk TÕENDITE ESITAMINE, KOGUMINE JA UURIMINE

§ 236. Tõendi esitamine ja tõendite kogumine

(1) Tõendi esitamine on menetlusosalise poolt kohtule taotluse esitamine, et kohus hindaks menetlusosalise väidet taotluses nimetatud tõendi vastuvõtmise ja uurimise alusel.
(2) Kui tõendit esitada sooviv menetlusosaline ei saa tõendit ise esitada, võib ta taotleda kohtult tõendite kogumist. Tõendite kogumine on kohtu tegevus menetluses tõendite kättesaadavaks tegemiseks ja nende uurimise võimaldamiseks.
(3) Tõendi esitamisel või tõendite kogumise taotlemisel peab menetlusosaline põhjendama, millise asjas tähtsust omava asjaolu tõendamiseks ta soovib tõendit esitada või tõendite kogumist taotleb. Tõendite kogumise taotluses tuleb märkida ka kogumist võimaldavad andmed.
(4) Kohtule võib mõlema poole nõusolekul tõendeid esitada ja kohus võib tõendeid koguda ka teistsugusel viisil ja vormis, kui on sätestatud käesolevas seadustikus. Pool võib nõusoleku tagasi võtta üksnes menetlusliku olukorra olulise muutumise korral.

§ 237. Tõendi õigeaegse esitamise kohustus

(1) Kohus annab menetlusosalistele eelmenetluses tähtaja tõendite esitamiseks ja nende kogumise taotlemiseks. Kui tõendit ei ole tähtaja möödudes esitatud või tõendite kogumist taotletud, võib hiljem tõendile tugineda üksnes käesoleva seadustiku §-s 331 sätestatut järgides.
(2) Kui menetlusosalise taotlus tõendeid koguda jäi rahuldamata seetõttu, et menetlusosaline jättis kohtu nõudmisest hoolimata tõendite kogumisega seotud kulud ette maksmata, ei ole tal hiljem õigust taotleda sellist kogumist, kui taotluse rahuldamine põhjustaks asja arutamise edasilükkamise.

§ 238. Tõendi asjakohasus ja lubatavus

(1) Kohus võtab vastu ainult sellise tõendi ja korraldab selliste tõendite kogumise ning arvestab asja lahendamisel ainult sellist tõendit, millel on asjas tähtsust. Tõendil ei ole asjas tähtsust eelkõige, kui:
1) tõendatavat asjaolu ei ole vaja tõendada, muu hulgas kui asjaolu ei ole vaidlusalune;
2) asjaolu kohta on kohtu hinnangul juba piisavalt tõendeid esitatud.
(2) Kui seadusest või poolte kokkuleppest tulenevalt tuleb asjaolu tõendada teatud liiki või teatud vormis tõendiga, ei või seda asjaolu tõendada teist liiki või teises vormis tõendiga.
(3) Kohus võib keelduda tõendi vastuvõtmisest ja selle tagastada või keelduda tõendite kogumisest lisaks käesoleva paragrahvi lõigetes 1 ja 2 sätestatule, kui:
1) tegemist on kuriteoga või põhiõiguse õigusvastase rikkumisega saadud tõendiga;
2) tõend ei ole kättesaadav, eelkõige kui teada ei ole tunnistaja andmed või dokumendi asukoht, samuti kui tõendi tähtsus ei ole vastavuses tõendi kättesaamiseks mineva ajakuluga või sellega seotud muude raskustega;
3) tõend esitatakse või tõendite kogumist taotletakse hilinenult;
4) tõendite esitamise ja kogumise vajadust ei ole põhjendatud;
5) tõendite kogumist taotlenud menetlusosaline jätab tasumata kohtu nõutud ettemakse tõendi kogumisega seotud kulude katteks.
(4) Tõendi vastuvõtmisest või tõendite kogumisest keeldumise kohta teeb kohus põhjendatud määruse.
(5) Kui kohus on juba tõendi vastu võtnud või tõendeid kogunud, võib ta jätta asja lahendamisel käesoleva paragrahvi lõigetes 1–3 sätestatud juhtudel tõendi arvestamata. Tõendi võib selle hindamise järel jätta arvestamata ka siis, kui see on ilmselt ebausaldusväärne.

§ 239. Tõendite kogumise korraldamine

(1) Kui tõendi uurimiseks on vaja tõendeid koguda, korraldab kohus selle määrusega, mis tehakse menetlusosalistele teatavaks. Kui on vaja tõendeid koguda väljaspool asja menetleva kohtu tööpiirkonda, võib asja läbivaatav kohus teha määruse menetlustoimingu erinõude korras tegemiseks kohtus, kelle tööpiirkonnas on võimalik tõendeid koguda. Erinõude määruses kirjeldatakse lühidalt asja sisu ning märgitakse asjaolud, mis tuleb välja selgitada, ja tõendid, mis tuleb koguda.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kohus, sealhulgas asja erinõude alusel menetlev kohus, võib tõendite kogumise määrust vajaduse korral muuta. Menetlusosalistel lastakse oma arvamust avaldada võimaluse korral enne määruse muutmist. Tõendite kogumise määruse muutmine tehakse menetlusosalistele
viivitamata teatavaks.

§ 240. Kohtu erinõude täitmise kord

(1) Erinõue täidetakse korras, mis on kehtestatud erinõudes taotletava menetlustoimingu tegemiseks. Menetlusosalistele teatatakse menetlustoimingu aeg ja koht, kuid menetlusosalise puudumine ei takista erinõude täitmist.
(2) Menetlustoimingu protokoll ja erinõude täitmisel kogutud tõendid saadetakse viivitamata asja läbivaatavale kohtule.
(3) Kui erinõude alusel menetleva kohtu poolt tõendite kogumisel tekib vaidlus, mille lahendamisest sõltub tõendite kogumise jätkamine ja mida erinõude alusel menetlev kohus lahendada ei või, lahendab vaidluse põhiasja menetlev kohus.
(4) Kui erinõuet täitev kohus leiab, et asja lahendamise seisukohalt on mõistlik anda tõendite kogumine üle teisele kohtule, esitab ta sellele kohtule asjakohase taotluse ja teatab sellest menetlusosalistele.

§ 241. Tõendite kogumine väljaspool Eestit

(1) Eesti tsiviilkohtumenetluses on lubatud kasutada välisriigis selle riigi seaduste kohaselt kogutud tõendeid, kui nende saamiseks tehtud menetlustoiming ei ole vastuolus Eesti tsiviilkohtumenetluse põhimõtetega.
(2) Tõendite kogumine mõnes muus Euroopa Liidu liikmesriigis toimub EL Nõukogu määruses
1206/2001 liikmesriikide kohtute vahelise koostöö kohta tõendite kogumisel tsiviil- ja kaubandusasjades sätestatud korras teise riigi kohtu abil või vahetult.
(3) Tõendite kogumist vastavalt käesoleva paragrahvi lõikes 2 nimetatud määrusele taotlenud Eesti kohtu koosseis või korralduse alusel tegutsev kohtunik võib selle määruse kohaselt viibida välisriigi kohtu poolse tõendite kogumise juures ja osaleda selles. Menetlusosalised, nende esindajad ja eksperdid võivad osaleda tõendite kogumisel samas ulatuses, nagu nad võivad
osaleda tõendite kogumisel Eestis. Määruse artikli 17 lõike 3 kohaselt lubatud Eesti kohtu poolsel vahetul tõendite kogumisel mõnes muus Euroopa Liidu liikmesriigis võib osaleda asja lahendav kohtukoosseis, korralduse alusel tegutsev kohtunik või kohtu määratud ekspert.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kui tõendeid tuleb koguda mujal kui Euroopa Liidu liikmesriigis, taotleb kohus tõendite kogumist selleks pädeva ametkonna kaudu vastavalt tsiviil- ja kaubandusasjades välisriigis tõendite kogumise konventsioonile.
(5) Kohus võib välisriigis koguda tõendeid ka Eesti Vabariiki selles riigis esindava saadiku või pädeva konsulaarametniku vahendusel, kui välisriigi õiguse järgi ei ole see keelatud.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 242. Tõendist loobumine

Tõendi esitanud või tõendite kogumist taotlenud pool võib tõendist loobuda ja tõendi tagasi võtta üksnes vastaspoole nõusolekul, kui seaduses ei ole sätestatud teisiti.

§ 243. Tõendite uurimine

(1) Tõendeid uurib kohus vahetult ja hindab neid lahendi tegemisel.
(2) Kohus määrab tõendite uurimise järjekorra kohtuistungil kindlaks pärast menetlusosaliste arvamuse ärakuulamist.
(3) Menetlusosalisel on õigus osaleda tõendite uurimisel kohtuistungil. Kohtusse kutsutud menetlusosalise puudumine kohtuistungilt, kus uuritakse tõendeid, ei takista tõendite uurimist, kui kohus ei määra teisiti.
(4) Kohtuistungilt, kus uuriti tõendeid, puudunud menetlusosalise taotlusel võib kohus määrata uue või täiendava tõendite uurimise, kui menetlusosaline põhistab kohtule, et ta puudus istungilt mõjuval põhjusel ning et tema puudumise tõttu on kogutud või uuritud tõendusmaterjal oluliselt puudulik.
(5) Erinõude täitmisel või korralduse alusel tegutseva kohtuniku poolt tõendite kogumise kohta koostatud protokoll avaldatakse asja läbivaatava kohtu istungil. Menetlusosalised võivad esitada tõendite kogumise kohta oma arvamuse.
(6) Väljaspool kohtuistungit kogutud tõendid või menetlustoimingu protokoll avaldatakse kohtuistungil, vajalikel juhtudel ka ekspertidele ja tunnistajatele. Pärast seda võivad menetlusosalised anda nende tõendite kohta seletusi.

26. peatükk EELTÕENDAMISMENETLUS TÕENDITE TAGAMISEKS JA ASJAOLUDE EELNEVAKS TUVASTAMISEKS

§ 244. Eeltõendamismenetlus

(1) Poole taotlusel võib kohus kohtumenetluse ajal või mõjuval põhjusel enne menetluse algatamist määrusega korraldada eeltõendamismenetluse, kui vastaspool sellega nõustub või kui võib eeldada, et tõendid võivad kaduma minna või nende kasutamine võib raskeneda. Kohus algatab isiku taotlusel eeltõendamismenetluse tõendite tagamiseks ka siis, kui isik põhistab, et tema autoriõigusi, autoriõigustega kaasnevaid õigusi või tööstusomandiõigusi on rikutud või on olemas nende rikkumise oht.
(2) Eeltõendamismenetluses võib korraldada vaatluse, kuulata üle tunnistaja või teha ekspertiisi või muu menetlustoimingu. Kui eeltõendamismenetlus on algatatud tõendite tagamiseks autoriõiguste, autoriõigustega kaasnevate õiguste või tööstusomandiõiguste rikkumise või rikkumise ohu tõttu, võib kohus muu hulgas korraldada näidiste vaatluse ja kirjelduse detailse protokollimise koos näidiste säilitamisega või ilma selleta või arestida õigusi rikkuva kauba või kauba tootmiseks või turustamiseks vajaliku tooraine, seadmed ja sinna juurde kuuluvad dokumendid hagi tagamiseks ettenähtud korras.
(3) Kui menetlus ei ole alanud, võib isik taotleda kohtult eeltõendamismenetluses ekspertiisi määramist ka siis, kui tal on õiguslik huvi, et tuvastataks:
1) isiku seisund või eseme seisund või väärtus;
2) kahju või eseme puuduse põhjus;
3) kahju või eseme puuduse kõrvaldamiseks vajalikud kulud või abinõud.
(4) Õiguslik huvi on käesoleva paragrahvi lõikes 3 nimetatud juhul olemas, kui tuvastamine aitaks ilmselt vältida kohtuvaidlust.
(5) Eeltõendamismenetluses kohaldatakse tõendite esitamise ja kogumise kohta sätestatut, kui käesolevas peatükis sätestatust ei tulene teisiti.

§ 245. Eeltõendamismenetluse algatamise taotlus

(1) Kui tsiviilasjas on kohtumenetlus alanud, esitatakse eeltõendamismenetluse algatamise taotlus asja menetlevale kohtule.
(2) Kui menetlus ei ole alanud, esitatakse taotlus kohtule, kes võib taotluse esitaja väitel arutada põhiasja. Kui eeltõendamismenetlusele järgneb kohtumenetlus, ei saa taotluse esitaja tugineda asjaolule, et asi tegelikult sellele kohtule ei allu.
(3) Mõjuval põhjusel võib taotluse esitada ka maakohtule, kelle tööpiirkonnas viibib isik, kelle ülekuulamist või kelle suhtes ekspertiisi tegemist taotletakse, või kus asub vaatluse või ekspertiisi esemeks olev asi.

§ 246. Eeltõendamismenetluse algatamise taotluse sisu

(1) Eeltõendamismenetluse algatamise taotluses tuleb märkida järgmised andmed:
1) menetlusosaliste või eeldatavate menetlusosaliste nimed, aadressid ja sidevahendite andmed;
2) nende asjaolude kirjeldus, mille kohta soovitakse tõendeid koguda;
3) tunnistajate nimed või muu tõendi tähistus;
4) asjaolud, mis põhistavad eeltõendamismenetluse lubatavust ning kohtualluvust.
(2) Kui tõendite kogumise taotleja ei nimeta vastaspoolt, peab ta kohtule põhistama mõjuva põhjuse, miks ta seda teha ei saa.

§ 247. Eeltõendamismenetluse algatamine

(1) Kohus lahendab eeltõendamismenetluse algatamise taotluse määrusega. Määruses märgitakse asjaolud, mille kohta tuleb tõendeid koguda, ja tõendid, mida on vaja koguda.
(2) Kui eeltõendamismenetlus algatatakse tõendite tagamiseks enne hagi esitamist isiku autoriõiguste, autoriõigustega kaasnevate õiguste või tööstusomandiõiguste rikkumise või rikkumise ohu tõttu, annab kohus määruses tähtaja, mille jooksul isik peab esitama hagi. Tähtaeg ei või olla pikem kui üks kuu. Kui hagi määratud tähtaja jooksul ei esitata, tühistab kohus eeltõendamismenetluse käigus tehtud toimingud.
(3) Kui eeltõendamismenetlust soovitakse algatada või kui see on algatatud enne hagi esitamist isiku autoriõiguste, autoriõigustega kaasnevate õiguste või tööstusomandiõiguste rikkumise või rikkumise ohu tõttu, võib kohus eeltõendamismenetluse algatamise või jätkumise teha sõltuvaks tagatise andmisest vastaspoolele tekkida võiva kahju hüvitamiseks. Tagatis tuleb anda kohtu määratud tähtpäevaks. Kui tagatist määratud tähtpäevaks ei anta, jätab kohus eeltõendamismenetluse algatamata või tühistab eeltõendamismenetluse käigus tehtud toimingud.
(4) Eeltõendamismenetluse algatamisest keeldumise määruse peale võib esitada määruskaebuse. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.

§ 248. Vastaspoole kaitse eeltõendamismenetluses

(1) Kohus ei algata eeltõendamismenetlust, kui avaldaja ei põhista kohtule mõjuvat põhjust, miks ta menetluse vastaspoolt nimetada ei oska.
(2) Kui eeltõendamismenetlus algatatakse taotluse alusel, milles vastaspoolt ei ole märgitud, võib kohus määrata tulevase vastaspoole esindajaks eeltõendamismenetluses advokaadi, kes kaitseb tulevase vastaspoole huve tõendite kogumise juures. Advokaadi tasu ja kulud mõistab kohus riigi õigusabi seaduses ettenähtud ulatuses määrusega välja avaldajalt ja võib kohustada avaldajat enne eeltõendamismenetluse alustamist tasuma selleks ettenähtud kontole mõistliku ettemakse. Ettemakse tasumata jätmise korral võib jätta eeltõendamismenetluse algatamata. [RT I, 31.01.2014, 6 - jõust. 01.04.2014]
(3) Kohus toimetab vastaspoolele või tema esindajale kätte eeltõendamismenetluse algatamise taotluse ja menetluse algatamise kohta tehtud kohtumääruse sellise arvestusega, et vastaspoolel oleks võimalik menetluses oma õigusi kaitsta.
(4) Kui eeltõendamismenetlust taotletakse enne hagi esitamist tõendite tagamiseks isiku autoriõiguste, autoriõigustega kaasnevate õiguste või tööstusomandiõiguste rikkumise või rikkumise ohu tõttu, algatab kohus eeltõendamismenetluse ja viib selle lõpuni vastaspoolt teavitamata, kui viivitamisest võib avaldajale tekkida hüvitamatut kahju või kui tõendid võivad tõenäoliselt hävida või kaotsi minna. Sel juhul toimetatakse käesoleva paragrahvi lõikes 3 nimetatud taotlus ja määrus ning abinõu rakendamise määrus vastaspoolele kätte viivitamata pärast vajalike abinõude rakendamist.
(5) Vastaspool võib käesoleva paragrahvi lõikes 4 nimetatud juhul taotleda kohtult tõendite tagamise abinõu asendamist või tühistamist, kui tõendeid tagati põhjendamatult. Taotlusest teatab kohus avaldajale, kellel on õigus esitada kohtule taotluse kohta vastuväiteid. Taotluse kohta tehtud määruse peale võivad pooled esitada määruskaebuse. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
(6) Käesoleva paragrahvi lõikes 5 nimetatud määruskaebuse esitamine ei peata tõendite tagamise määruse täitmist. Määruskaebuse esitamine tõendite tagamise abinõu tühistamise või ühe tagamisabinõu teisega asendamise määruse peale peatab määruse täitmise.

§ 249. Eeltõendamismenetluses saadud tõendile tuginemine

(1) Eeltõendamismenetluses kogutud tõenditele saab menetluses tugineda samadel alustel põhimenetluses kogutud tõenditega.
(2) Kui vastaspool ei osalenud eeltõendamismenetluse kohtuistungil või muu menetlustoimingu tegemisel, ei või eeltõendamismenetluse tulemusele tugineda, kui vastaspool ei olnud istungile või muu menetlustoimingu juurde õigeaegselt kutsutud või tema õigusi eeltõendamismenetluses muul põhjusel oluliselt rikuti ja ta vaidlustab seetõttu tõendi.
(3) Eeltõendamismenetluse tulemusele võib tugineda juhul, kui vastaspoolt ei teavitatud eeltõendamismenetlusest vastavalt käesoleva seadustiku § 248 lõikele 4.

§ 250. Eeltõendamismenetlusega tekitatud kahju hüvitamine

(1) Eeltõendamismenetluse algatamist taotlenud pool peab hüvitama eeltõendamismenetlusega teisele poolele tekitatud kahju, kui:
1) jõustub kohtulahend, millega jäetakse hagi rahuldamata või läbi vaatamata või kui asjas lõpetatakse menetlus muul alusel kui poolte kompromissi kinnitamisega;
2) ilmneb, et eeltõendamismenetluse algatamise ajal puudus eeltõendamismenetluseks alus;
3) enne hagi esitamist toimunud eeltõendamismenetluse käigus tehtud toimingud on tühistatud põhjusel, et hagi ei esitatud tähtaegselt.
(2) Eeltõendamismenetlusega tekkida võiva kahju hüvitamiseks sissenõutud tagatis tagastatakse eeltõendamismenetlust taotlenud poolele, kui teine pool ei ole esitanud hagi kahju hüvitamiseks kahe kuu jooksul, alates käesoleva paragrahvi lõikes 1 nimetatud ajast.

27. peatükk TUNNISTAJA ÜTLUSED

§ 251. Tunnistaja ütlused

(1) Tunnistajana võib üle kuulata iga inimese, kellele võivad olla teada asjas tähtsust omavad asjaolud, kui ülekuulatav ei ole selles asjas menetlusosaline või menetlusosalise esindaja.
(2) Kohus võib tunnistaja ülekuulamise asendada tema teises kohtumenetluses ülekuulamise protokolli kasutamisega, kui see ilmselt võimaldab menetlust lihtsustada ja võib eeldada, et kohus saab protokolli vajalikul määral hinnata ka tunnistaja vahetu ülekuulamiseta.

§ 252. Tunnistaja kutsumine kohtuistungile

Kohus kutsub tunnistaja kohtuistungile ja toimetab kätte kohtukutse. Kutse peab sisaldama vähemalt järgmisi andmeid:
1) menetlusosalised ja vaidluse ese;
2) mille kohta isik üle kuulatakse;
3) korraldus ilmuda kutses märgitud ajal ütlusi andma kutses märgitud kohta;
4) hoiatus rakendada tunnistaja ülekuulamisele ilmumata jäämise korral seaduses sätestatud sunnivahendeid.

§ 253. Kirjalikud ütlused

(1) Kohus võib määrusega kohustada tunnistajat kirjalikult vastama esitatud küsimusele kohtu määratud tähtaja jooksul, kui tunnistaja kohtusse ilmumine on tunnistajale ebamõistlikult koormav ja kirjaliku ütluse andmine on kohtu arvates küsimuse sisu ning tunnistaja isikut arvestades tõendamiseks piisav.
(2) Tunnistajale tuleb käesoleva paragrahvi lõikes 1 nimetatud juhul selgitada, et teda võidakse kirjalikule ütlusele vaatamata kutsuda kohtuistungile suuliselt ütlusi andma. Tunnistajale tuleb selgitada käesoleva seadustiku §-de 256–259 sisu ning tunnistaja kohustust rääkida tõtt. Tunnistajat tuleb ka hoiatada ütluste andmisest põhjendamatu keeldumise ja teadvalt vale ütluse andmise eest ning kohustada teda allkirjastama ütluste ja hoiatuse teksti.
(3) Menetlusosalisel on õigus tunnistajale kohtu kaudu kirjalikult küsimusi esitada. Küsimused, mille kohta tunnistaja vastust soovitakse, määrab kohus.
(4) Kui kohus on tunnistaja vastused kätte saanud, saadab ta need koos allkirjastatud hoiatuse tekstiga viivitamata menetlusosalistele.
(5) Vajaduse korral võib kohus kutsuda tunnistaja kohtuistungile ütlusi suuliselt andma.

§ 254. Tunnistaja kohtusse ilmumise ja tõeste ütluste andmise kohustus

Tunnistajana väljakutsutud isik on kohustatud ilmuma kohtusse ja andma kohtule tõeseid ütlusi temale teada olevate asjaolude kohta.

§ 255. Tunnistaja ülekuulamine väljaspool kohut

(1) Kohus võib tunnistaja ülekuulamiseks minna ise tunnistaja juurde, kui tunnistaja haiguse, vanaduse või invaliidsuse tõttu või muul mõjuval põhjusel ei ole võimeline kohtusse ilmuma või kui see on vajalik muul põhjusel.
(2) Tunnistaja ülekuulamise võib erinõude alusel tegutsevale kohtule või korralduse alusel tegutsevale kohtunikule ülesandeks teha üksnes juhul, kui on alust eeldada, et menetlev kohus saab ülekuulamise tulemust asjakohaselt hinnata ka vahetult ülekuulamisel osalemata, ja kui:
1) tõe väljaselgitamiseks on eeldatavasti vajalik tunnistaja kohapealne ülekuulamine või kui tunnistaja tuleb seaduse kohaselt üle kuulata mujal kui kohtupidamise kohas;
2) tunnistaja ei ole haiguse, vanaduse, invaliidsuse või muu mõjuva põhjuse tõttu võimeline kohtusse ilmuma;
3) tunnistajale ei ole tema ütluste tähendust arvestades asja menetlevasse kohtusse ilmumine suure vahemaa tõttu vastuvõetav ja tunnistajat ei ole võimalik üle kuulata menetluskonverentsi teel.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
4) [kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kui tunnistaja jääb ilmumata või keeldub ütluste andmisest, on tõendite kogumiseks korralduse või erinõude saanud kohtunikul õigus anda seadusest tulenevaid korraldusi ja neid tühistada, otsustada tunnistajale esitatud küsimuse lubatavuse üle ning määrata tunnistaja korduv ülekuulamine.

§ 256. Ütluste andmise keeld

(1) Eestis registreeritud usuühenduse vaimulikku ega tema abipersonali ei või üle kuulata asjaolude kohta, mis talle usaldati seoses hingelise hoolekandega.
(2) Selle isiku loata, kelle huvides saladuse hoidmise kohustus on kehtestatud, ei või tunnistajana üle kuulata:
1) esindajat tsiviil- või haldusasjas, kaitsjat kriminaal- või väärteoasjas ning notarit asjaolu suhtes, mis on saanud talle teatavaks ametikohustusi täites;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
2) arsti, farmatseuti või tervishoiuteenuse muud osutajat asjaolu suhtes, mis patsient on talle usaldanud, muu hulgas isiku päritolusse, kunstlikku viljastamisse, perekonnasse või tervisesse puutuva asjaolu suhtes;
3) muud isikut, kellele on tema ameti või kutse- või majandustegevuse tõttu usaldatud teavet, mille saladuses hoidmine on talle seaduse kohaselt kohustuslik.
(3) Isiku loata, kelle huvides saladuse hoidmise kohustus on kehtestatud, ei või tunnistajana üle kuulata ka käesoleva paragrahvi lõikes 2 nimetatud isikute erialast abipersonali.
(4) Kohus võib keelduda tunnistajana üle kuulamast alla neljateistaastast isikut või isikut, kes oma füüsilise või psüühilise puude tõttu ei ole võimeline õigesti tajuma asjas tähtsust omavaid asjaolusid või andma nende kohta tõepäraseid ütlusi.

§ 257. Tunnistaja õigus keelduda ütluste andmisest

(1) Õigus keelduda tunnistajana ütluste andmisest on hageja või kostja:
1) alanejal ja ülenejal sugulasel;
2) õel, poolõel, vennal, poolvennal või isikul, kes on või on olnud abielus hageja või kostja õe, poolõe, venna või poolvennaga;
3) võõras- või kasuvanemal, võõras- või kasulapsel;
4) lapsendajal ja lapsendatul;
5) abikaasal, elukaaslasel ja tema vanemal, sealhulgas pärast abielu või püsiva kooselu lõppemist.
(2) Tunnistaja võib keelduda ütluste andmisest ka siis, kui ütlused võivad kuriteo või väärteo toimepanemises süüstada teda ennast või käesoleva paragrahvi lõikes 1 nimetatud isikut.
(3) Tunnistajal on õigus keelduda ütluste andmisest asjaolu kohta, mille suhtes kohaldatakse riigisaladuse ja salastatud välisteabe seadust.
[RT I 2007, 16, 77 - jõust. 01.01.2008]
(4) Ajakirjanduslikul eesmärgil informatsiooni töötleval isikul on õigus keelduda ütluste andmisest asjaolu kohta, mis võimaldab tuvastada teavet andnud isiku.
[RT I, 21.12.2010, 1 - jõust. 31.12.2010]
(5) Käesoleva paragrahvi lõikes 4 sätestatud juhul on õigus ütluste andmisest keelduda isikul, kes puutub ametialaselt kokku ajakirjanduslikul eesmärgil informatsiooni töötlevale isikule informatsiooni andnud isikut tuvastada võivate asjaoludega.
[RT I, 21.12.2010, 1 - jõust. 31.12.2010]

§ 258. Erandjuhul tunnistamise kohustus

Tunnistaja ei tohi käesoleva seadustiku §-s 257 sätestatule vaatamata keelduda ütluste andmisest:
1) sellise tehingu tegemise ja sisu kohta, mille tegemise juurde ta oli kutsutud tunnistajana;
2) perekonnaliikme sünni või surma kohta;
3) asjaolu kohta, mis puudutab perekonnasuhtest tingitud varalist suhet;
4) vaidlusaluse õigussuhtega seotud toimingu kohta, mille tunnistaja on teinud ise ühe poole õiguseelnejana või esindajana.

§ 259. Ütluste andmisest keeldumise kord

(1) Ütluste andmisest keeldunud tunnistaja peab esitama hiljemalt ülekuulamiseks määratud kohtuistungil asjaolud, millega ta põhjendab oma keeldumist, ning põhistama neid kohtule.
(2) Keeldumisest enne kohtuistungit teatanud tunnistaja ei pea ilmuma tunnistuse andmiseks määratud istungile. Kohus teeb ütluste andmisest keeldumise avalduse saamise menetlusosalistele teatavaks.
(3) Kohus teeb tunnistaja ütluste andmisest keeldumise õiguspärasuse kohta määruse pärast menetlusosaliste ärakuulamist. Kui kohus ei pea ütluste andmisest keeldumist õiguspäraseks, kohustab ta määrusega tunnistajat ütlusi andma. Tunnistajal on õigus esitada määruse peale määruskaebus. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
(4) Kui tunnistaja keeldub ütluste andmisest riigisaladusele või salastatud välisteabele viidates, pöördub kohus riigisaladust või salastatud välisteavet valdava asutuse poole taotlusega kinnitada asjaolude tunnistamist riigisaladuseks või salastatud välisteabeks. Kui riigisaladust või salastatud välisteavet valdav asutus ei kinnita asjaolude tunnistamist riigisaladuseks või salastatud välisteabeks või kui ta ei vasta taotlusele 20 päeva jooksul, on tunnistaja kohustatud andma
ütlusi.
[RT I 2007, 16, 77 - jõust. 01.01.2008]

§ 260. Tunnistaja ülekuulamise tagamine

(1) Tunnistajad kuulatakse üle üksteisest eraldi. Üle kuulamata tunnistajad ei või asja arutamise ajal viibida kohtusaalis. Ülekuulatud tunnistaja jääb istungisaali kuni asja arutamise lõpetamiseni, kui kohus ei luba tal varem lahkuda.
(2) Kui kohtul on alust arvata, et tunnistaja pelgab või ei räägi muul põhjusel kohtule menetlusosalise juuresolekul tõtt või kui menetlusosaline suunab oma sekkumisega või muul viisil tunnistaja ütlusi, võib kohus tunnistaja ülekuulamise ajaks selle menetlusosalise saalist eemaldada.
(3) Menetlusosalise tagasipöördumise järel loetakse talle tunnistaja ütlused ette ja menetlusosalisel on õigus tunnistajat küsitleda.

§ 261. Alaealise tunnistaja ülekuulamine

(1) Alla neljateistaastane tunnistaja kuulatakse vajaduse korral üle lastekaitsetöötaja, sotsiaaltöötaja, psühholoogi, vanema või eestkostja juuresolekul, kes samuti võib kohtu nõusolekul tunnistajat küsitleda. Vanema kui neljateistaastase alaealise ülekuulamisele võib kohus kaasata lastekaitsetöötaja, sotsiaaltöötaja või psühholoogi.
(2) Vajaduse korral võib kohus alla neljateistaastase tunnistaja pärast tema ülekuulamist kohtusaalist eemaldada.

§ 262. Tunnistaja ülekuulamise kord

(1) Kohus teeb kindlaks tunnistaja isiku ja selgitab välja tema tegevusala, hariduse, elukoha, samuti seose asjaga ning vastastikused suhted menetlusosalistega. Enne kui tunnistaja annab ütlusi, selgitab kohus talle tunnistaja kohustust rääkida tõtt ja käesoleva seadustiku §-de 256–259 sisu.
(2) Vähemalt neljateistaastast tunnistajat hoiatatakse ütluste andmisest seadusliku aluseta keeldumise ja teadvalt vale ütluse andmise eest, mille kohta võetakse tunnistajalt kohtu protokolli või hoiatuse tekstile allkiri. Ei hoiatata tunnistajat, kes vaimuhaiguse, nõrgamõistuslikkuse või vaimutegevuse muu häire tõttu ei mõista hoiatuse tähendust.
(3) Samas asjas toimuval korduval ülekuulamisel ei ole tunnistajat vaja korduvalt hoiatada. Kohus meenutab tunnistajale hoiatuse jõusolekut.
(4) Kohus selgitab tunnistajale ülekuulamise eset ja teeb tunnistajale ettepaneku rääkida selle kohta kõik, mida ta teab.
(5) Menetlusosalistel on õigus esitada tunnistajale küsimusi, mis on nende arvates asja lahendamiseks või tunnistaja asjaga seotuse selgitamiseks vajalikud. Menetlusosaline esitab küsimusi kohtu kaudu. Kohtu loal võib menetlusosaline esitada küsimusi otse.
(6) Esimesena küsitleb tunnistajat menetlusosaline, kelle taotlusel on tunnistaja välja kutsutud, seejärel küsitlevad teda teised menetlusosalised. Kohtu algatusel kutsutud tunnistajat küsitleb esimesena hageja.
(7) Kohus kõrvaldab suunavad küsimused ning küsimused, mis asjasse ei puutu või mille eesmärk on saada võimalus esitada uusi asjaolusid, mida seni ei ole esile toodud, samuti korduvad küsimused.
(8) Ütluste selgitamiseks ning täiendamiseks, samuti tunnistaja teadmiste aluste väljaselgitamiseks esitab kohus vajaduse korral täiendavaid küsimusi kogu ülekuulamise ajal.

§ 263. Tunnistaja korduv ülekuulamine ja vastastamine

(1) Tunnistaja kuulatakse üle sellel kohtuistungil, kuhu ta on kutsutud, kui tema üle kuulamata jätmiseks sellel kohtuistungil ei ole mõjuvat põhjust. Mõjuvaks põhjuseks ei ole üldjuhul mõne menetlusosalise puudumine kohtuistungilt. Ülekuulatud tunnistaja korduv väljakutsumine järgmistele kohtuistungitele sama astme kohtus peab olema põhjendatud.
(2) Vajaduse korral võib kohtus tunnistajat samal istungil korduvalt üle kuulata, samuti tunnistajaid vastastada, kui nende ütlused on vasturääkivad.

§ 264. Tunnistaja märkmed

(1) Tunnistaja võib ütlust andes kasutada arvandmete ning nimede ja muude raskesti meelespeetavate andmete esitamiseks märkmeid ja muid dokumente. Kohus võib tunnistajal märkmete kasutamise istungil keelata.
(2) Märkmed esitatakse kohtu nõudmisel kohtule ja menetlusosalistele ning kohus võib need tunnistaja nõusolekul toimikule lisada.

§ 265. Tunnistaja ütluste avaldamine

(1) Erinõude ja korralduse alusel, samuti eeltõendamismenetluse käigus ja asja arutamise edasilükkamise korral eelmistel kohtuistungitel ülekuulatud tunnistaja ütlused avaldatakse kohtuistungil. Tunnistaja ütlused loetakse avaldatuks, kui kohus ega menetlusosalised ei pea ettelugemist vajalikuks.
(2) Kui eelmistel kohtuistungitel ülekuulatud tunnistajad ilmuvad kohtuistungile, võib kohus nad uuesti üle kuulata.

§ 266. Tunnistaja vastutus

(1) Kui tunnistaja jätab kohtu kutsel mõjuva põhjuseta kohtusse ilmumata, võib kohus teda trahvida ja kohaldada sundtoomist.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kui tunnistaja mõjuva põhjuseta keeldub ütlusi või hoiatuse kohta allkirja andmast, võib kohus teda trahvida või kohaldada aresti kuni 14 päevaks. Tunnistaja vabastatakse viivitamata, kui ta on andnud ütlused või allkirja enda hoiatamise kohta või kui asja arutamine on lõppenud või kui tema ülekuulamise vajadus on ära langenud.
(3) Tunnistaja kannab menetluskulud, mis on tingitud mõjuva põhjuseta hoiatuse kohta allkirja andmisest või ütluste andmisest keeldumisest või istungile ilmumata jätmisest.
(4) Käesoleva paragrahvi lõigetes 1–3 nimetatud asjaoludel tehtud maakohtu või ringkonnakohtu määruse peale võib tunnistaja esitada määruskaebuse. Maakohtu määruse peale esitatud määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.

28. peatükk MENETLUSOSALISE VANDE ALL ANTUD SELETUS

§ 267. Menetlusosalise vande all ülekuulamine tõendama kohustatud poole taotlusel

(1) Pool, kes ei ole suutnud muude tõenditega tõendada tema poolt tõendamist vajavat asjaolu või kes ei ole muid tõendeid esitanud, võib asjaolu tõendamiseks taotleda vastaspoole või kolmanda isiku vande all ülekuulamist. Juriidilise isiku puhul võib vande all üle kuulata selle seadusliku esindaja.
(2) Kolmanda isiku võib vande all üle kuulata ka tema taotlusel.

§ 268. Tõendama kohustatud poole vande all ülekuulamine

Kohus võib vaieldava asjaolu kohta vande all üle kuulata ka tõendama kohustatud poole, kui üks pool seda taotleb ja teine pool sellega nõustub.

§ 2681. Poole ülekuulamine kohtu algatusel

Sõltumata poolte taotlustest ja tõendamiskoormise jaotusest võib kohus omal algatusel vande all üle kuulata ükskõik kumma või mõlema poole, kui varasema menetluse ning esitatud ja kogutud tõendite põhjal ei ole kohtul võimalik kujundada seisukohta väidetud ja tõendamisele kuuluva asjaolu tõepärasuses. Kohus võib poole omal algatusel vande all üle kuulata ka juhul, kui tõendama kohustatud pool soovib anda vande all seletuse, kuid vastaspool sellega ei nõustu. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 269. Menetlusosalise ülekuulamise kord

(1) Menetlusosalise vande all ülekuulamisele kohaldatakse vastavalt tunnistaja ülekuulamise kohta sätestatut, kui käesolevas peatükis sätestatust ei tulene teisiti.
(2) Enne ütluste andmist annab menetlusosaline järgmise vande:
«Mina, (nimi), kinnitan oma au ja südametunnistuse kohaselt, et avaldan asja kohta kogu tõe, midagi varjamata, lisamata või muutmata.» Menetlusosaline annab vande suuliselt ja kirjutab vandetekstile alla.

§ 270. Menetlusosalise keeldumine vande ja vande all seletuse andmisest

(1) Kui pool keeldub vannet või vande all seletust andmast või kui ta ei tee kohtu nõudmisest hoolimata selle kohta mingit avaldust, võib kohus lugeda vastaspoole väidetud asjaolu tõendatuks, arvestades muu hulgas vande või seletuse andmisest keeldumise kohta esitatud põhjendusi.
(2) Kui pool ei ilmu mõjuva põhjuseta tema vande all ülekuulamiseks määratud kohtuistungile, võib kohus ilmumata jätmise asjaolusid arvestades lugeda ta seletuse andmisest keeldunuks.
(3) Iseseisva nõudeta kolmanda isiku keeldumise korral seletuse või vande andmisest kohaldatakse tunnistaja ütluste andmisest keeldumise ja selle eest ettenähtud vastutuse kohta sätestatut.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 271. Tsiviilkohtumenetlusteovõimetu menetlusosalise ülekuulamine

(1) Tsiviilkohtumenetlusteovõimetu menetlusosalise asemel kuulatakse vande all üle tema seaduslik esindaja või esindajad.
(2) Kohus võib alaealise või piiratud teovõimega täisealise teda vannutamata üle kuulata asjaolu kohta, mis seondub otseselt tema enda teoga või mis on olnud tema vahetu kogemuse esemeks, kui kohus peab seda asjaolusid arvestades mõistlikuks.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

29. peatükk DOKUMENTAALNE TÕEND

§ 272. Dokumentaalse tõendi mõiste

(1) Dokumentaalne tõend on igasugune kirjalikult, pildistamisega või video-, heli- või elektroonilise salvestusega või muu andmesalvestusega jäädvustatud dokument või muu sellesarnane andmekandja, mis sisaldab andmeid asja lahendamiseks tähtsate asjaolude kohta ja mida on võimalik kohtuistungil esitada tajutaval kujul.
(2) Dokumendid on ka ametlikud ja isiklikud kirjad, kohtulahendid teistes kohtuasjades ning menetlusosalise poolt kohtule esitatud eriteadmistega isikute arvamused.
(3) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 273. Kirjaliku dokumendi esitamine

(1) Kirjalik dokument esitatakse algdokumendina või ärakirjana.
(2) Kui menetlusosaline esitab algdokumendi koos ärakirjaga, võib kohus algdokumendi tagastada ja jätta toimikusse kohtuniku kinnitatud ärakirja.
(3) Esitaja palvel võib toimikus oleva kirjaliku algdokumendi pärast menetlust lõpetava kohtulahendi jõustumist tagastada. Toimikusse jäetakse kirjaliku algdokumendi tagasi saanud isiku esitatud ja kohtuniku kinnitatud ärakiri.
(4) Kohus võib määrata esitatud dokumendiga tutvumiseks tähtaja, mille möödudes ta dokumendi tagastab. Toimikusse jääb sel juhul ärakiri.
(5) Kui dokument on esitatud ärakirjana, on kohtul õigus nõuda algdokumendi esitamist või asjaolude põhistamist, miks algdokumenti ei saa esitada. Kui kohtu nõudmist ei täideta, otsustab kohus, missuguse tõendamisjõuga on dokumendi ärakiri.

§ 274. Elektroonilise dokumendi esitamine

Elektrooniline dokument esitatakse kohtule väljatrükina või edastatakse elektrooniliselt sellises formaadis, et oleks võimalik sellega tutvuda ja see turvaliselt säilitada kohtu infosüsteemis.

§ 275. Dokumendi väljavõtte esitamine ja dokumendiga tutvumine selle hoidmise kohas

(1) Kui dokument on erakordselt mahukas ning põhiliselt sisaldab menetluse seisukohalt ebaolulisi asjaolusid või kui dokument sisaldab riigi- või ärisaladusena või salastatud
välisteabena käsitatavaid andmeid ja kohus on seisukohal, et sel või muul sama laadi põhjusel ei ole dokumendi tähtsust ja kaotamise või kahjustamise võimalust arvestades dokumendi tervikuna esitamine mõistlik, võib esitada kinnitatud väljavõtte dokumendi osast või viidata kohale, kus kohus ja menetlusosalised võivad dokumendiga tutvuda. Kohus võib nõuda kogu dokumendi esitamist.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kohus võib käesoleva paragrahvi lõikes 1 nimetatud juhul vaadelda ja uurida dokumenti
selle hoidmise kohas või teha selle ülesandeks erinõude alusel tegutsevale kohtule või korralduse alusel tegutsevale kohtunikule.

§ 276. Ametiasutuse või avalikke ülesandeid täitma õigustatud isiku koostatud dokument

(1) Kui kohus kahtleb ametiasutuse või avalikke ülesandeid täitma õigustatud isiku koostatud dokumendi ehtsuses, võib ta nõuda ametiasutuselt või isikult, kes on dokumendist nähtuvalt selle koostanud, kinnitust dokumendi ehtsuse kohta.
(2) Välisriigi avaliku dokumendi ehtsuse tõendamiseks piisab apostillist dokumendil vastavalt välisriigi avalike dokumentide legaliseerimise nõude tühistamise konventsioonile või dokumendi legaliseerimisest selleks volitatud Eesti Vabariigi pädeva konsulaarametniku või saadiku poolt. Välisriigi apostillita ja legaliseerimata avalikku dokumenti hindab kohus siseveendumuse kohaselt.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 277. Dokumendi ehtsuse vaidlustamine

(1) Menetlusosaline võib esitatud dokumendi ehtsuse vaidlustada ja taotleda, et kohus dokumenti tõendina ei arvestaks, kui ta põhistab dokumendi võltsituse.
(2) Dokumendi ehtsust või võltsitust võib muu hulgas põhistada dokumentide võrdlemisega. Kui võrdlemiseks sobivad dokumendid on vastaspoole või kolmanda isiku valduses, võib need välja nõuda samadel alustel dokumentaalsete tõenditega.
(3) Digitaalallkirjaga varustatud elektroonilise dokumendi ehtsust saab vaidlustada üksnes asjaolude põhistamisega, mille põhjal võib eeldada, et dokumenti ei ole koostanud digitaalallkirja omaja. See kehtib ka sellise elektroonilise dokumendi kohta, mis on koostatud muul turvalisel viisil, mis võimaldab tuvastada koostaja ja koostamise aja.
(4) Kui dokumendi ehtsus on vaidlustatud, võib kohus otsuse tegemisel jätta selle arvestamata või arvata dokumendi määrusega tõendite hulgast välja. Dokumendi võltsituse kontrollimiseks võib kohus määrata ekspertiisi või välja nõuda muud tõendid.
(5) Dokumenti, mille ehtsus on vaidlustatud või mille sisu võib olla muudetud, hoitakse menetluse lõppemiseni toimikus, kui avaliku korra huvides ja dokumendi kaotsimineku vältimiseks ei ole vaja dokumenti üle anda mõnele teisele ametiasutusele. Dokumendi võltsituse
kahtlusest teavitab kohus prokuratuuri. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 278. Dokumendi väljanõudmine

Kui isik taotleb, et kohus nõuaks dokumendi välja teiselt isikult, peab ta taotluses dokumenti ja selle sisu kirjeldama ning märkima, miks ta arvab dokumendi olevat selle isiku käes.

§ 279. Dokumendi väljaandmise kohustus

(1) Isik, kelle valduses on dokument, on kohustatud kohtu nõudel esitama selle kohtule kohtu määratud ajaks.
(2) Kui isiku valduses on asja lahendamiseks tähtsaid andmeid, peab ta kohtu nõudel koostama nende andmete alusel dokumendi ja esitama selle kohtule. Sellest võib keelduda samal põhjusel kui dokumendi väljaandmisest.
(3) Dokumenti välja nõudes teatab kohus, millal, kuhu ja mil viisil tuleb dokument esitada või teatada põhjendused, miks dokumenti ei esitata. Dokumendi aluseta esitamata jätnud isikut võib kohus trahvida.

§ 280. Teabe andmise kohustus intellektuaalset omandit käsitleva hagi puhul

(1) Kui hagi on esitatud autoriõiguste, autoriõigustega kaasnevate õiguste või tööstusomandiõiguste rikkumise või rikkumise ohu tõttu, võib kohus hageja põhjendatud taotlusel kohustada kostjat või muud isikut esitama muu hulgas kirjalikult andmed kaupade või teenuste, mis intellektuaalsest omandist tulenevat õigust rikuvad, päritolu ja turustuskanalite kohta.
(2) Kohus võib käesoleva paragrahvi lõikes 1 sätestatu kohaselt küsida teavet õiguste rikkujalt või muult isikult, kes:
1) valdab õigusi rikkuvaid kaupu või on neid vallanud;
2) kasutas õigusi rikkuvaid teenuseid;
3) osutas õigusi rikkuvaks tegevuseks kasutatud teenuseid;
4) käesoleva lõike punktides 1–3 nimetatud isikute andmetel osales selliste kaupade tootmisel, valmistamisel või turustamisel või teenuste osutamisel.
(3) Käesoleva paragrahvi lõikes 1 nimetatud teave võib muu hulgas hõlmata järgmisi andmeid:
1) kaupade või teenuste tootjate, valmistajate ja turustajate, nende kaupade või teenustega varustajate ja kaupade või teenuste varasemate valdajate nimed ja aadressid ning tellijate ja müügikohtade, kellele ja kuhu kaubad või teenused olid määratud, nimed ja aadressid;
2) andmed valmistatud, toodetud, tarnitud, saadud või tellitud kaupade koguste kohta ja hindade kohta, mis kaupade või teenuste eest maksti.
(4) Käesoleva paragrahvi lõikes 3 nimetatud teavet ei või kasutada väljaspool kohtumenetlust, milles andmeid küsiti.
(5) Käesoleva paragrahvi lõigetes 1–4 sätestatu ei piira kohtu õigust kuulata lõikes 2 nimetatud isikud menetluses üle tunnistajana. Isikud võivad keelduda teabe andmisest lõikes 1 nimetatud viisil samadel alustel nagu tunnistajana ütluste andmisest. Seda õigust peab kohus neile teabe küsimisel selgitama.

§ 281. Dokumendi väljaandmisest keeldumine

(1) Riigi- või kohaliku omavalitsuse asutust ja selle avalikku teenistujat ei või kohustada esitama dokumenti, mille sisu kohta ei või teenistujat tunnistajana üle kuulata.
(2) Kohtu nõudmisest sõltumata ei pea dokumenti välja andma:
1) advokaat, kui ta on dokumendi saanud seoses õigusteenuse osutamisega;
2) kui dokument sisaldab andmeid, mille suhtes ei või dokumendi valdajat tunnistajana üle kuulata või mille suhtes on valdajal õigus keelduda tunnistajana ütluste andmisest;
3) isik, kes võib dokumendi väljaandmisest keelduda muul seadusest tuleneval põhjusel.
(3) Muu isik kui pool võib dokumendi väljaandmise nõudele esitada seadusest tulenevaid vastuväiteid, muu hulgas materiaalõigusel põhineva vastuväite. Vastuväidet tuleb põhistada.
(4) Kui isik, kellelt dokumendi väljaandmist taotletakse, teatab kohtule, et dokumenti tema valduses ei ole, võib kohus menetlusosalise taotlusel selle isiku tunnistajana dokumendi asukoha suhtes üle kuulata. See ei kehti juhul, kui dokumendi väljaandmist taotletakse poolelt.
(5) Dokumendi väljaandmisest keeldumise õiguspärasuse kohta teeb kohus määruse pärast menetlusosaliste ärakuulamist. Määruse peale on õigus esitada määruskaebus menetlusosalistel ja isikul, kellelt on dokument välja nõutud. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.

§ 282. Dokumendi väljanõudmiseks hagi esitamine

(1) Kui isik esitab dokumendi väljaandmise nõudele põhistatud ja seadusliku vastuväite, võib dokumendi taotleja esitada dokumendi väljanõudmiseks selle valdaja vastu hagi tulenevalt võlaõigusseaduses või muus seaduses või lepingus ettenähtust ja taotleda hagi lahendamiseni põhiasja menetluse peatamist. Kohus määrab sel juhul dokumendi taotlejale dokumendi väljanõudmiseks tähtaja.
(2) Vastaspool võib taotleda menetluse jätkamist enne teise isiku valduses oleva dokumendi esitamise tähtaja möödumist, kui dokumendi valdaja vastu esitatud hagi on lahendatud või kui dokumendi taotleja viivitab esitatud hagi menetlemisega või selle lahendi täitmisega, millega hagi rahuldati.

§ 283. Vastaspoole dokumendi esitamata jätmine

(1) Kui vastaspool eitab, et dokument on tema valduses, kuulatakse ta dokumendi esitamata jätmise kohta vande all üle. Kui kohus jõuab veendumusele, et dokument on vastaspoole valduses, teeb ta määruse, millega kohustab dokumendi kohtule esitama.
(2) Kui vastaspool ei täida dokumendi kohtule esitamise kohustust või kui kohus jõuab pärast vastaspoole ülekuulamist veendumusele, et vastaspool ei ole dokumenti hoolikalt otsinud, võib kohus lugeda õigeks tõendi esitaja poolt kohtule esitatud dokumendi ärakirja. Kui dokumendi ärakirja ei ole esitatud, võib kohus lugeda tõendatuks tõendi taotleja väited esitamata jäetud dokumendi olemuse ja sisu kohta.

§ 284. Dokumendi kõrvaldamise tagajärjed

Kui pool kõrvaldab dokumendi või muudab selle kasutamiskõlbmatuks, et takistada vastaspoolt dokumendile tuginemast, võib vastaspoole väiteid dokumendi olemuse, koostamise ning sisu kohta lugeda tõendatuks.

30. peatükk ASITÕEND

§ 285. Asitõendi mõiste

Asitõend on asi, mille olemasolu või omadused võivad aidata selgitada tsiviilasja lahendamiseks tähtsaid asjaolusid. Asitõendiks on ka sellistele tunnustele vastav dokument.

§ 286. Asitõendi esitamise kohustus

Asitõendi esitamise ja väljanõudmise suhtes kohaldatakse dokumendi esitamise kohta sätestatut, kui käesolevas peatükis sätestatust ei tulene teisiti.

§ 287. Asitõendi hoidmine

(1) Asitõend võetakse asja juurde määrusega.
(2) Asitõend säilitatakse toimikus või antakse kohtu asitõendite hoiukohta. Selle kohta tehakse märge toimikus.
(3) Asitõendit, mida ei saa kohtusse toimetada, hoitakse selle asukohas või antakse hoiule menetlusosalisele või kolmandale isikule, kes peab tagama asitõendi säilimise.
(4) Kohus hoiab asitõendit nii, et asitõend ja selle tõenduslikud omadused säiliksid. Vajaduse korral asitõend pitseeritakse.
(5) Kohtu poolt asitõendite arvelevõtmise, hoidmise, üleandmise ja hävitamise ning kiiresti riknevate asitõendite hindamise, võõrandamise ja hävitamise korra kehtestab Vabariigi Valitsus.

§ 288. Asitõendi vaatlus

(1) Kohus vaatleb asitõendit kohtuistungil ja esitab selle menetlusosalistele ning vajaduse korral ka ekspertidele ja tunnistajatele.
(2) Asukohas hoitavat asitõendit vaadeldakse selle asukohas. Uurimise juurde võib kutsuda eksperdi või muu asjatundja. Asitõendi uurimine märgitakse kohtuistungi protokolli.
(3) Kiiresti riknevat asitõendit või asitõendit, mille tagastamist asitõendi esitaja mõjuval põhjusel taotleb, vaatleb kohus viivituseta ning tagastab selle isikule, kellelt asitõend on saadud või kellele see kuulub.
(4) Käesoleva paragrahvi lõigetes 1–3 nimetatud asitõendi vaatlusel kirjeldatakse asitõendit üksikasjalikult. Vajaduse ja võimaluse korral asitõendit pildistatakse või selle olulised omadused salvestatakse muul viisil. Vaatluse kohta koostatakse protokoll.
(5) Asitõendi vaatlusprotokoll avaldatakse kohtuistungil. Pärast seda võivad menetlusosalised anda asitõendi kohta seletusi.

§ 289. Asitõendi tagastamine

(1) Pärast menetlust lõpetava kohtulahendi jõustumist tagastatakse asitõend isikule, kellelt see on saadud või kellele see kuulub, või antakse üle isikule, kelle õigust sellele on kohus tunnistanud, kui kohus ei määra varasemat tagastamist.
(2) Asi, mis seaduse järgi ei või olla isiku valduses, antakse üle pädevale riigiasutusele.
(3) Isiku taotlusel võidakse temalt saadud asitõend pärast vaatlust ja uurimist tagastada ka enne kohtulahendi jõustumist.

31. peatükk VAATLUS

§ 290. Vaatluse mõiste

Vaatlus on igasugune vahetu andmete kogumine asjaolu olemasolu või olemuse kohta kohtu poolt, muu hulgas paikkonna või sündmuskoha vaatlemine.

§ 291. Vaatluse korraldamine

(1) Vaatluse korraldamiseks teeb kohus määruse, milles märgitakse vaatluse ese ning vaatluse korraldamise aeg ja koht. Määrusega võib kutsuda vaatluse juurde ühe või mitu eksperti. Kohus võib vaatluse korraldada ka omal algatusel.
(2) Asja menetlev kohus võib anda vaatluse tegemise, sealhulgas vaatlusele kutsutavate ekspertide määramise õiguse korralduse alusel tegutsevale kohtunikule või erinõude alusel tegutsevale kohtule.
(3) Vaatluse korraldamisest teatatakse menetlusosalistele, kuid nende puudumine ei takista vaatluse tegemist.
(4) Vaatlusel osalevad menetlusosalised võivad juhtida kohtu tähelepanu vaatluse täielikkuse ning menetletava asja seisukohast olulistele asjaoludele.
(5) Vaatlusel kirjeldatakse eset, paikkonda või sündmuskohta üksikasjalikult ning vajaduse ja võimaluse korral pildistatakse või salvestatakse selle olulised omadused muul viisil. Vaatluse korraldamine protokollitakse, protokolli kantakse ka vaatlusel tehtud menetlusosaliste märkused.

§ 292. Vaatluse võimaldamiseks kohustamine

(1) Kohus võib kohustada menetlusosalist või muud isikut lubama vaatlust korraldada ning määrata talle selleks tähtaja. Muu isik võib vaatluse võimaldamisest keelduda samadel põhjustel ja samas korras nagu dokumendi valdaja kohtu nõudmisel dokumenti välja andmast.
(2) Vaatluse võimaldamisest põhjendamatult keeldunud isikut võib kohus trahvida.

32. peatükk EKSPERDIARVAMUS

§ 293. Ekspertiisi korraldamine ja eriteadmistega isiku arvamus

(1) Kohtul on menetlusosalise taotlusel õigus küsida eksperdi arvamust asjas tähtsate ja eriteadmisi nõudvate asjaolude selgitamiseks. Õigusküsimuses võib kohus küsida eksperdi arvamust nii menetlusosalise taotlusel kui omal algatusel väljaspool Eesti Vabariiki kehtiva õiguse, rahvusvahelise õiguse või tavaõiguse väljaselgitamiseks.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Eriteadmistega isiku ülekuulamisele asjaolu või sündmuse tõendamiseks, mille kogemiseks olid vajalikud eriteadmised, kohaldatakse tunnistaja ülekuulamise kohta sätestatut. Kui menetlusosaline on kohtule esitanud eriteadmistega isiku kirjaliku arvamuse ja isikut ei kuulata üle tunnistajana, hinnatakse arvamust dokumentaalse tõendina.
(3) Kohus võib ekspertiisi määramise asemel kasutada teises kohtumenetluses kohtu korraldusel esitatud või kriminaal- või väärteomenetluses menetleja korraldusel koostatud eksperdiarvamust, kui see võimaldab menetlust lihtsustada ja võib eeldada, et kohus saab eksperdiarvamust
vajalikul määral hinnata ka uut ekspertiisi korraldamata. Eksperdile võib ka sel juhul esitada täiendavaid küsimusi või kutsuda ta kohtusse küsitlemiseks.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 294. Eksperdi määramine

(1) Ekspertiisi teeb riiklikus ekspertiisiasutuses töötav kohtuekspert või muu asjatundja,
riiklikult tunnustatud ekspert või kohtu määratud muu eriteadmistega isik. Eksperdiks võib kohus määrata isiku, kel on arvamuse andmiseks vajalikud teadmised ja kogemused. Eksperdi määramisel arvestab kohus poolte arvamusi.
(2) Kui ekspertiisi tegemiseks on olemas riiklikult tunnustatud ekspert, määratakse muu isik eksperdiks üksnes mõjuval põhjusel.
(3) Kohus võib nõuda pooltelt isikute nimetamist, kes sobivad ekspertiisi tegemiseks.
(4) Kui pooled on eksperdi isikus kokku leppinud, määrab kohus isiku eksperdiks, kui isik võib seaduse kohaselt ekspert olla.
(5) Kohus võib määrata täiendavaid eksperte või määratud eksperte asendada.
(6) Kohus võib eksperdiks määrata ka üksnes ekspertiisiasutuse või muu ekspertiise tegeva isiku, jättes konkreetse eksperdi määramise viimase otsustada.

§ 295. Ekspertiisi tegemise kohustus

(1) Eksperdiks määratud isik on kohustatud ekspertiisi tegema, kui ta on kohtuekspert, kui ta on nõutavate ekspertiiside tegemiseks riiklikult tunnustatud või kui tema kutse- või majandustegevus toimub valdkonnas, mille tundmine on ekspertiisi tegemise eeldus.
(2) Ekspertiisi on kohustatud tegema ka isik, kes on teatanud kohtule oma valmisolekust asjas ekspertiis teha.
(3) Eksperdi nõusolek ekspertiisi tegemiseks ei ole vajalik.

§ 296. Ekspertiisi tegemisest keeldumise õigus

(1) Ekspert võib keelduda ekspertiisi tegemisest samadel põhjustel, mis annavad tunnistajale õiguse keelduda ütluste andmisest. Kohus võib eksperdi ka muul põhjusel ekspertiisi tegemise kohustusest vabastada.
(2) Eksperdiks ei või määrata isikut, kes on osalenud asjas eelneva lahendi tegemisel, muu hulgas vahekohtus või kohtueelses menetluses, välja arvatud, kui ta osales menetluses eksperdi või tunnistajana.
(3) Eksperdiks määratud isik võib ekspertiisi tegemisest keelduda ka muul seaduses sätestatud juhul või mõjuval põhjusel.

§ 297. Ekspertiisi tegemine

(1) Kui menetlusosaliste kohalolek ekspertiisi tegemisel on vajalik ja võimalik, märgib kohus selle asjaolu ekspertiisimääruses. Menetlusosaliste puudumine sel juhul ekspertiisi tegemist ei takista, kui ekspert leiab, et tal on võimalik anda arvamus menetlusosaliste kohalolekuta.
(2) Kohus võib anda ekspertiisi suhtes korraldusi.
(3) Hagi aluseks olevate asjaolude vaieldavuse puhul määrab kohus, missugused asjaolud võtab ekspert oma hinnangu andmise aluseks.
(4) Vajaduse korral määrab kohus, millises ulatuses on eksperdil õigus tõendamist vajavat küsimust uurida ja kas ta võib võtta ühendust menetlusosalistega ning kas ja millal peab ta lubama menetlusosalistel ekspertiisi tegemisest osa võtta.
(5) Eksperdile antavatest korraldustest tuleb menetlusosalisi teavitada.

§ 298. Küsimused eksperdile ning menetlusosaliste taotlused ja vastuväited seoses ekspertiisiga

(1) Menetlusosalisel on õigus eksperdile kohtu kaudu küsimusi esitada. Küsimused, mille kohta eksperdi arvamust soovitakse, määrab kohus. Menetlusosalise küsimuse tagasilükkamist peab kohus põhjendama.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Vajaduse korral kuulab kohus eksperdi seisukoha ekspertiisi suhtes enne talle küsimuste esitamist ja eksperdi taotlusel selgitab talle ülesandega seonduvat.
(3) Menetlusosalised peavad esitama kohtule mõistliku aja jooksul oma vastuväited ekspertiisi tegemise suhtes, ekspertiisi tegemist puudutavad taotlused ning ekspertiisi puudutavad lisaküsimused. Kohus võib neile selleks määrata tähtaja. Hiljem esitatut võib kohus arvestada üksnes juhul, kui see ei venita kohtu arvates asja lahendamist või kui menetlusosalisel on hilinemiseks mõjuv põhjus ja ta on seda piisavalt põhistanud.

§ 299. Asja väljanõudmine ekspertiisiks

(1) Kohus võib panna nii menetlusosalisele kui ka muule isikule kohustuse anda asi ekspertiisiks välja või lubada ekspertiisi teha ning määrata talle selleks tähtaja. Muu isik võib asja väljaandmisest keelduda samal alusel dokumendi väljaandmisest keeldumisega ja keelduda muu ekspertiisi talumisest samadel põhjustel, millel tunnistaja võib keelduda ütluste andmisest.
(2) Asja väljaandmisest või ekspertiisi korraldamisest põhjendamatult keeldunud isikut võib kohus trahvida.

§ 300. Ekspertiis põlvnemise tuvastamiseks

(1) Isik peab taluma põlvnemise tuvastamiseks tehtavat ekspertiisi, eelkõige vereproovide võtmist veregrupi määramiseks ja geneetiliseks analüüsiks, kui põlvnemist on võimalik tuvastada teaduse tunnustatud põhimõtete ja meetodite alusel ning uurimine ei põhjusta uuritavale või tema lähisugulastele eeldatavasti tervisekahjustust.
(2) Põlvnemise ekspertiisist keeldumise korral võib kohus määrata ekspertiisi tegemise kohustuslikus korras. Uurimisest korduva õigustamatu keeldumise puhul võib ekspertiisi teha sundkorras kohtu määruse alusel, kaasates vajaduse korral politsei.
(3) Käesoleva paragrahvi lõikes 2 nimetatud määruse peale võib esitada määruskaebuse. Määruskaebuse esitamine peatab määruse täitmise.

§ 301. Eksperdiarvamus

(1) Ekspert annab eksperdiarvamuse kohtule kirjalikult, kui kohus ei määra, et arvamus tuleb anda suuliselt või eksperdi nõusolekul muus vormis. Eksperdiarvamus peab sisaldama uuringute üksikasjaliku kirjelduse, uuringute tulemusena tehtud järeldused ja põhjendatud vastused kohtu küsimustele.
(2) Kui kohus on määranud mitu eksperti ja eksperdid jõuavad ühesugusele arvamusele, võivad nad koostada ühisarvamuse. Kui eksperdid ühesugusele arvamusele ei jõua, esitavad nad eksperdiarvamused eraldi.
(3) Kui ekspert teeb ekspertiisiga kindlaks asjas tähtsad asjaolud, mille kohta talle küsimusi ei ole esitatud, võib ta esitada oma arvamuse ka nende asjaolude kohta.

§ 302. Eksperdi kohustused ja õigused

(1) Ekspert peab andma talle esitatud küsimustes õige ja põhjendatud arvamuse.
(2) Ekspert võib eksperdiarvamuse andmiseks vajalikus ulatuses tutvuda asja materjalidega,
võtta osa tõendite uurimisest kohtus ning küsida kohtult võrdlusmaterjali ja täiendavaid andmeid.
(3) Eksperdil ei ole õigust anda ekspertiisi tegemine üle teisele isikule. Kui ekspert kasutab teise isiku abi, peab ta avaldama kohtule selle isiku nime ja abi ulatuse, kui tegemist ei ole ebaolulise abistamisega.
(4) Ekspert keeldub eksperdiarvamuse andmisest, kui talle esitatud andmed on puudulikud või kui ekspertiisimääruses esitatud ekspertiisiülesanded on väljaspool tema eriteadmisi või kui küsimustele vastamine ei eelda eksperdiuuringuid ja eriteadmistele tuginevate järelduste tegemist. Ekspert kontrollib viivitamata, kas ekspertiisiülesanne puudutab tema eriala või eriteadmisi ja kas ülesande lahendamine on võimalik täiendavate ekspertide kaasamiseta ning peab keeldumisest või kahtlustest kohtule viivitamata teatama.
(5) Kui eksperdil on kahtlusi talle antud ülesande sisu ja ulatuse suhtes, pöördub ta selguse saamiseks viivitamata kohtu poole. Ekspert teatab viivitamata kohtule, kui ilmneb, et tõenäolised ekspertiisikulud on tsiviilasja hinnast suuremad või ületavad oluliselt ekspertiisikulude katteks tehtud ettemaksu.
(6) Ekspert on kohustatud hoidma saladuses talle ekspertiisi tegemisel teatavaks saanud asjaolud. Neid võib avaldada üksnes kohtu loal, kui seaduses ei ole ette nähtud teisiti.

§ 303. Eksperdi ülekuulamine ja hoiatamine

(1) Eksperdiarvamus avaldatakse kohtuistungil.
(2) Kui eksperdiarvamust ei esitata kirjalikult või kirjalikku taasesitamist võimaldavas vormis, annab ekspert eksperdiarvamuse kohtuistungil. Kohus võib kirjaliku või kirjalikku taasesitamist
võimaldavas vormis eksperdiarvamuse andnud eksperdi küsitlemiseks kohtuistungile kutsuda. Kohus kutsub eksperdiarvamuse andnud eksperdi kohtuistungile, kui seda taotleb pool.
(3) Pärast eksperdiarvamuse uurimist võivad menetlusosalised kohtuistungil eksperdile arvamuse täpsustamiseks küsimusi esitada, kui ekspert on kohtusse kutsutud. Küsimused võib esitada ka eelnevalt kohtule, kes edastab need eksperdile. Kohus kõrvaldab asjassepuutumatud ja väljaspool eksperdi pädevust olevad küsimused.
(4) Ekspert peab kohtu kutsel kohtusse ilmuma ja andma talle esitatud küsimustes õige ja põhjendatud arvamuse.
(5) Eksperdi ülekuulamisele kohaldatakse tunnistaja ülekuulamise kohta kehtivaid sätteid, kui käesolevas peatükis ei ole ette nähtud teisiti. Muud eksperti kui kohtueksperti või riiklikult tunnustatud eksperti hoiatatakse enne eksperdiarvamuse andmist vastutusest teadvalt vale eksperdiarvamuse andmise eest ja võetakse selle kohta allkiri kohtu protokolli või hoiatuse tekstile. Allkirjastatud hoiatus edastatakse kohtule koos eksperdiarvamusega.

§ 304. Kordusekspertiis ja täiendav ekspertiis

(1) Eksperdiarvamuse ebaselguse, vasturääkivuse või puudulikkuse korral, mida ei ole võimalik kõrvaldada täiendavate küsimustega, on kohtul õigus määrata kordusekspertiis. Kordusekspertiis tehakse ülesandeks samale või teisele eksperdile.
(2) Eksperdi taandamise korral teeb kohus kordusekspertiisi ülesandeks teisele eksperdile.
(3) Kui ekspert ei anna vastust asjas tähtsust omavale küsimusele ja sellele küsimusele ei saa ekspert vastata kohtuistungil, on kohtul õigus määrata täiendav ekspertiis. Täiendava ekspertiisi tegemise võib teha ülesandeks samale või teisele eksperdile.

§ 305. Eksperdi vastutus

(1) Kohus võib eksperti määrusega trahvida ja nõuda tema tekitatud menetluskulude hüvitamist, kui ekspert mõjuva põhjuseta:
1) ei ilmu kohtu kutse peale kohtuistungile;
2) keeldub allkirja andmisest tema vastutusest hoiatamise kohta;
3) keeldub arvamuse andmisest;
4) ei esita arvamust kohtu määratud tähtpäevaks;
5) põhjendamatult keeldub talle esitatud küsimustele vastamast;
6) keeldub ekspertiisiga seonduvaid materjale välja andmast.
(2) Käesoleva paragrahvi lõikes 1 nimetatud määruse peale võib ekspert esitada määruskaebuse.

6. osa MENETLUSDOKUMENTIDE KÄTTETOIMETAMINE

33. peatükk ÜLDSÄTTED

§ 306. Menetlusdokumendi kättetoimetamise mõiste

(1) Menetlusdokumendi kättetoimetamine on dokumendi üleandmine saajale selliselt, et saajal oleks võimalik dokumendiga oma õiguse teostamiseks ja kaitsmiseks õigeaegselt tutvuda. Saaja on menetlusosaline või muu isik, kellele menetlusdokument on adresseeritud.
(2) Menetlusdokumendi üleandmine peab kättetoimetamise puhul toimuma seaduses sätestatud vormis ning olema ettenähtud vormis dokumenteeritud.
(3) Menetlusdokumentide kättetoimetamist korraldab kohus postiteenust majandustegevusena osutava isiku, kohtutäituri või kohtukordniku või vastavalt kohtu kodukorrale selleks pädeva muu kohtuametniku vahendusel või muul seaduses nimetatud viisil.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kohtul on õigus menetlusdokumendi kättetoimetamiseks nõuda riigi või kohaliku omavalitsuse andmekogu vastutavalt või volitatud töötlejalt, samuti isiku endiselt või praeguselt tööandjalt, krediidiasutuselt, kindlustusseltsilt ja muult isikult või asutuselt andmeid menetlusosalise või juriidilisest isikust menetlusosalise seadusliku esindaja või tunnistaja elukoha kohta ja muid kontaktandmeid. Andmekogu vastutav või volitatud töötleja või muu isik või asutus on kohustatud andmed viivitamata ja tasuta esitama paberil või elektrooniliselt. Tehnilise võimaluse olemasolul tuleb kohtule tagada, et ta saaks vajalikke andmeid ise isiku või asutuse andmebaasist kontrollida.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Kohus peab menetlusosalisele kätte toimetama hagiavalduse, kaebuse ja nende täiendused, kohtukutsed, samuti kohtuotsuse ja asjas menetlust lõpetava määruse ning seaduses nimetatud muud menetlusdokumendid.
[RT I 2005, 39, 308 - jõust. 01.01.2006]

§ 307. Menetlusdokumendi kättetoimetatuks lugemine

(1) Menetlusdokument on kätte toimetatud alates dokumendi või selle kinnitatud ärakirja või väljatrüki üleandmisest saajale, kui seaduses ei ole ette nähtud teisiti.
(2) Käesoleva paragrahvi lõikes 1 nimetatud menetlusdokumendi ärakirja võib kinnitada vastavalt kohtu kodukorrale selleks pädev kohtuametnik või advokaat. Menetlusdokumendi lisade ja menetlusosaliste poolt kohtule esitatud ja kohtu kätte toimetatud menetlusdokumentide ärakirjad ei pea olema kinnitatud.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kui dokument on jõudnud menetlusosalise kätte, kellele dokument tuli kätte toimetada või kellele dokumendi võis vastavalt seadusele kätte toimetada, ilma et kättetoimetamist oleks
võimalik tõendada või kui on rikutud seaduses sätestatud kättetoimetamise korda, loetakse dokument menetlusosalisele kätte toimetatuks alates dokumendi tegelikust saajani jõudmisest.
(4) Menetlusdokumendi kättetoimetamiseks andmine tuleb märkida kohtutoimikusse.

§ 308. [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 309. Menetlusdokumendi kättetoimetamise aeg ja koht

Menetlusdokumendi võib isikule kätte toimetada igal päeval mis tahes kellaajal igas kohas, kus isik viibib.

§ 310. Menetlusdokumentide edastamine menetlusosalistele kättetoimetamiseta

(1) Menetlusdokument, mida ei pea menetlusosalisele kätte toimetama käesolevas osas
sätestatud korras, kuid mis puudutab menetlusosalise õigusi, edastatakse menetlusosalisele kohtu valitud viisil.
(2) Kui käesoleva paragrahvi lõikes 1 nimetatud menetlusdokument edastatakse posti teel, loetakse dokument kätte saaduks kolme päeva möödudes postitamisest arvates, dokumendi saatmise korral välisriiki neljateist päeva möödudes postitamisest arvates, kui menetlusosaline ei põhista kohtule, et ta sai dokumendi kätte hiljem või et ta ei ole seda kätte saanud. Kohus võib määrata dokumendi kättesaaduks lugemiseks pikema tähtaja.

34. peatükk MENETLUSDOKUMENDI KÄTTETOIMETAMISE VIISID

§ 311. Menetlusdokumendi kättetoimetamine kohturuumides

Menetlusdokumendi võib kätte toimetada selle väljastamisega saajale kohturuumides, kui toimikusse on märgitud väljastamise aeg ja saaja on dokumendi kättesaamise kohta andnud allkirja. Kohtuistungil dokumendi kättetoimetamise korral märgitakse kättetoimetamine kohtuistungi protokolli.

§ 3111. Menetlusdokumendi elektrooniline kättetoimetamine

(1) Kohus võib toimetada menetlusdokumendi kätte elektrooniliselt selleks ettenähtud infosüsteemi kaudu, edastades seal dokumendi kättesaadavaks tegemise kohta teavituse:
1) kohtule avaldatud elektronpostiaadressil ja telefoninumbril;
2) füüsilisest isikust ettevõtja või juriidilise isiku kohta Eestis peetava registri infosüsteemis registreeritud elektronpostiaadressil ja telefoninumbril;
3) adressaadi ja tema seadusliku esindaja rahvastikuregistrisse kantud elektronpostiaadressil ja telefoninumbril;
4) muus riigi andmekogus, mille andmebaasist on kohtul võimalik ise elektroonilise päringu tegemisega andmeid kontrollida, oleval adressaadi ja tema seadusliku esindaja elektronpostiaadressil ja telefoninumbril;
5) Eesti isikukoodi olemasolu korral adressaadi ja tema seadusliku esindaja elektronpostiaadressil isikukood@eesti.ee.
(2) Kohus võib teavituse dokumendi kättesaadavaks tegemise kohta edastada ka avalikust arvutivõrgust leitud telefoninumbril, elektronpostiaadressil, virtuaalse sotsiaalvõrgustiku oletataval kasutajakonto lehel või muu virtuaalse suhtluskeskkonna lehel, mida avalikus arvutivõrgus avaldatud teabe kohaselt võib adressaat eeldatavasti kasutada või millel edastatud teave võib eeldatavasti jõuda adressaadini. Kohus avaldab adressaadi oletataval virtuaalse sotsiaalvõrgustiku kasutajakonto lehel või muu virtuaalse suhtluskeskkonna lehel teavituse võimaluse korral viisil, mille kohaselt teavitus ei ole muule isikule peale adressaadi nähtav.
(3) Menetlusdokument loetakse kätte toimetatuks, kui saaja avab selle infosüsteemis või kinnitab infosüsteemis selle vastuvõtmist dokumenti avamata, samuti siis, kui seda teeb muu isik, kellel saaja võimaldab infosüsteemis dokumente näha. Dokumendi kättetoimetamise registreerib infosüsteem automaatselt.
(4) Kui saajal ei ole eeldatavasti võimalik kasutada menetlusdokumentide kättetoimetamiseks kasutatavat infosüsteemi või infosüsteemi kaudu kättetoimetamine ei ole tehniliselt võimalik, võib kohus toimetada saajale menetlusdokumendi elektrooniliselt kätte ka muul viisil, täites seejuures käesoleva paragrahvi lõike 1 punktides 1–5 sätestatud teavitamise nõuded ja andmete otsimise nõude.
(5) Menetlusdokument loetakse käesoleva paragrahvi lõikes 4 sätestatud korras saajale kättetoimetatuks, kui saaja kinnitab kirjalikult, faksi teel või elektrooniliselt menetlusdokumendi kättesaamist. Kinnituses tuleb märkida dokumendi kättesaamise kuupäev ning kinnituse peab olema allkirjastanud saaja või tema esindaja. Elektrooniline kinnitus peab olema varustatud saatja digitaalallkirjaga või edastatud muul sellesarnasel turvalisel viisil, mis võimaldab tuvastada saatja ja saatmise aja, välja arvatud juhul, kui kohtul ei ole põhjust kahelda, et digitaalallkirjastamata kinnituse on saatnud saaja või tema esindaja. Kohtule võib elektroonilise kinnituse saata elektronposti teel, kui saaja elektronpostiaadress on kohtule teada ning võib eeldada, et volitamata isikul puudub sellele juurdepääs, samuti juhul, kui kohus on juba sama kohtuasja käigus sellel elektronpostiaadressil dokumente edastanud või kui menetlusosaline on ise avaldanud kohtule oma elektronpostiaadressi. Saaja peab käesolevas lõikes nimetatud kinnituse saatma kohtule viivitamata. Seda kohustust rikkunud menetlusosalist või tema
esindajat võib kohus trahvida.
(6) Advokaadile, notarile, kohtutäiturile, pankrotihaldurile ja riigi- või kohaliku omavalitsuse asutusele võib menetlusdokumendi muul viisil kui elektrooniliselt selleks ettenähtud infosüsteemi kaudu kätte toimetada üksnes mõjuval põhjusel.
(7) Kohus teeb selleks ettenähtud infosüsteemis menetlusosalistele viivitamata kättesaadavaks kõik menetlusdokumendid, sealhulgas kohtulahendid, sõltumata sellest, kuidas need menetlusosalistele kätte toimetatakse.
(8) Justiitsminister võib määrusega kehtestada täpsemad nõuded dokumentide infosüsteemi kaudu elektroonilisele kättetoimetamisele ja kättesaadavaks tegemisele.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]

§ 312. Menetlusdokumendi kättetoimetamine postiteenuse osutaja vahendusel

(1) Menetlusdokumendi võib saajale kätte toimetada postiteenust majandustegevusena osutava isiku vahendusel tähitult väljastusteatega või lihtkirjana.
(2) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 313. Menetlusdokumendi kättetoimetamine tähitud kirjaga

(1) Dokumendi kättetoimetamist tõendab dokumendi tähitult saatmise korral väljastusteade, mis tuleb viivitamata kohtule tagastada.
(2) Menetlusdokumendi võib kätte toimetades anda üle muule isikule kui saajale üksnes käesolevas osas sätestatud juhul. Nimetatud isik peab dokumendi esimesel võimalusel andma üle saajale. Ta võib keelduda dokumendi saajale üleandmiseks vastuvõtmisest üksnes juhul, kui ta põhistab, et tal ei ole võimalik dokumenti saajale üle anda. Isikule tuleb dokumendi üleandmise kohustust selgitada. Kättetoimetamise kehtivus selgituse andmisest ei sõltu.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Väljastusteatel tuleb märkida järgmised andmed:
1) dokumendi kättetoimetamise aeg ja koht;
2) isiku nimi, kellele dokument tuli kätte toimetada;
3) kui dokument anti üle muule isikule kui saajale, selle isiku nimi, kellele on dokument üle antud, ja põhjus, miks kättetoimetamine toimus sellele isikule;
4) kättetoimetamise viis;
5) dokumendi vastuvõtmisest keeldumise korral märge selle kohta ja dokumendi mahajätmise koha andmed;
6) dokumendi kättetoimetanud isiku nimi, amet ja allkiri;
7) dokumendi vastuvõtnud isiku nimi, allkiri ja andmed tema isikusamasuse tuvastamise kohta, eelkõige isikut tõendava dokumendi number ning dokumendi kättesaamise kuupäev, välja arvatud, kui dokument jäeti seaduses märgitud põhjusel tegelikult üle andmata.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Justiitsminister võib kehtestada väljastusteate vormi.
(5) Käesoleva paragrahvi lõigetes 3 ja 4 sätestatud vorminõuetele mittevastava väljastusteate võib lugeda kättetoimetamiseks piisavaks, kui kättetoimetamine on väljastusteatel siiski usaldusväärselt dokumenteeritud.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(6) Kui kohus ei saa menetlusdokumenti lugeda kättetoimetatuks seetõttu, et postiteenuse osutaja ei kasutanud menetlusdokumendi tähitud kirjaga kättetoimetamisel kõiki käesolevas
seaduses sätestatud võimalusi, andis menetlusdokumendi isikule, kellele üleandmine ei ole käesolevas osas sätestatu kohaselt lubatud, ei järginud käesoleva seadustiku §-des 326 ja 327 sätestatut või ei dokumenteerinud kättetoimetamist selliselt, et kättetoimetamise saab lugeda toimunuks, võib kohus anda menetlusdokumendi postiteenuse osutajale uueks kättetoimetamiseks selle eest täiendavat tasu maksmata.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 314. Menetlusdokumendi kättetoimetamine lihtkirjana ja faksi teel

(1) Menetlusdokumendi võib kätte toimetada lihtkirjana või faksi teel, kui kirjale või faksile on lisatud teatis kinnituse viivitamatu tagastamise kohustuse kohta ning märgitud saatja ja saaja nimi ja aadress ning dokumendi edastanud kohtuametniku nimi.
(2) Dokumendi lihtkirjana või faksi teel edastanud ametnik märgib toimikusse, kuhu ja millal on dokument kättetoimetamiseks saadetud.
(3) Dokument loetakse lihtkirjana või faksi teel kätte toimetatuks, kui saaja saadab kohtule dokumendi kättesaamise kohta kinnituse omal valikul kirjana, faksi teel või elektrooniliselt. Kinnituses tuleb märkida dokumendi kättesaamise kuupäev ja kinnituse peab olema allkirjastanud dokumendi saaja või tema esindaja.
(4) Kui menetlusdokument toimetatakse kätte lihtkirjana või faksi teel, peab saaja käesoleva paragrahvi lõikes 3 nimetatud kinnituse saatma kohtule viivitamata. Seda kohustust rikkunud menetlusosalist või tema esindajat võib kohus trahvida.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]

§ 315. Menetlusdokumendi kättetoimetamine kohtutäituri, kohtuametniku, muu isiku ja asutuse vahendusel

(1) Menetlusdokumendi võib kätte toimetada ka kohtutäituri, kohtukordniku või vastavalt kohtu kodukorrale selleks pädeva muu kohtuametniku või politseiasutuse või muu riigiasutuse või kohaliku omavalitsuse või tema asutuse vahendusel, samuti muu isiku vahendusel, kellele kohus teeb kättetoimetamise ülesandeks kokkuleppel. Menetlusosaline, kelle esitatud menetlusdokument tuleb kätte toimetada või kelle huvides on muu menetlusdokumendi kättetoimetamine, võib taotleda kohtult dokumendi kohtutäituri vahendusel kättetoimetamist.
(11) Maksekäsu kiirmenetluses ja hagimenetluses võib menetlusdokumendi kohtutäituri vahendusel kätte toimetada üksnes käesoleva seadustiku §-s 3151 sätestatud korras. Lapse või menetluses erilist kaitset vajava muu füüsilise isiku huve puudutavas hagimenetluses, samuti lapse elatisnõudega maksekäsu kiirmenetluses võib menetlusdokumendi kohtutäituri vahendusel kätte toimetada ka käesolevas paragrahvis sätestatud korras.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(2) Politseiasutusele või muule riigiasutusele või kohalikule omavalitsusele või tema asutusele annab kohus menetlusdokumendi kättetoimetamiseks üksnes juhul, kui muud kättetoimetamise võimalused, välja arvatud avalik kättetoimetamine, ei ole tulemusi andnud või eeldatavasti ei
anna tulemust, eelkõige kui postiteenuse osutaja vahendusel on samas või muus asjas kättetoimetamine hiljuti ebaõnnestunud. Selle nõude rikkumine ei mõjuta kättetoimetamise kehtivust.
(3) Menetlusdokumendi kättetoimetamiseks edastab kohus käesoleva paragrahvi lõikes 1 nimetatud isikule või asutusele kättetoimetatava dokumendi, tema käsutuses oleva teabe varasemate kättetoimetamiskatsete kohta ja isiku teadaolevad kontaktandmed. Toimikusse märgitakse, millal ja kellele dokument kättetoimetamiseks üle anti.
(4) Kättetoimetamise viisi valib käesoleva paragrahvi lõikes 1 nimetatud isik või asutus käesolevas osas sätestatute hulgast ise, kui kohus ei anna selle kohta juhiseid. Avalikku kättetoimetamist ei või nad korraldada.
(5) Kättetoimetamise kohta koostatakse kättetoimetamisteatis, millel peavad olema märgitud käesoleva seadustiku § 313 lõikes 3 nimetatud andmed. Kättetoimetamisteatis tagastatakse pärast kättetoimetamist viivitamata kohtule. Justiitsminister võib kehtestada kättetoimetamisteatise vormi.
(6) Käesoleva paragrahvi lõikes 5 sätestatud vorminõuetele mittevastava kättetoimetamisteatise võib lugeda kättetoimetamiseks piisavaks, kui kättetoimetamine on siiski usaldusväärselt dokumenteeritud.
(7) Menetlusdokumendi võib kätte toimetades anda üle muule isikule kui saajale üksnes käesolevas osas sätestatud juhul. Nimetatud isik peab dokumendi esimesel võimalusel andma üle saajale. Ta võib keelduda dokumendi saajale üleandmiseks vastuvõtmisest üksnes juhul, kui ta põhistab, et tal ei ole võimalik dokumenti saajale üle anda. Isikule tuleb dokumendi üleandmise kohustust selgitada. Kättetoimetamise kehtivus selgituse andmisest ei sõltu.
(8) Kui kohus ei saa menetlusdokumenti lugeda kättetoimetatuks seetõttu, et käesoleva paragrahvi lõikes 1 nimetatud isik või asutus ei järginud menetlusdokumendi kättetoimetamisel kohtu juhiseid või ei kasutanud selleks kõiki käesolevas seaduses sätestatud võimalusi, andis menetlusdokumendi isikule, kellele üleandmine ei ole käesolevas osas sätestatu kohaselt lubatud, ei järginud käesoleva seadustiku §-des 326 ja 327 sätestatut või ei dokumenteerinud kättetoimetamist selliselt, et kättetoimetamise saab lugeda toimunuks, võib kohus anda menetlusdokumendi uueks kättetoimetamiseks.
(9) Kohus võib anda käesoleva paragrahvi lõikes 1 nimetatud isikule või asutusele kuni 60- päevalise tähtaja, mille jooksul tuleb menetlusdokument kätte toimetada või kättetoimetamise ebaõnnestumise korral esitada kohtule aruanne kättetoimetamise ebaõnnestumise põhjusest. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 3151. Menetlusdokumendi kättetoimetamine menetlusosalise korraldamisel

(1) Menetlusosaline, kelle esitatud menetlusdokument tuleb kätte toimetada või kelle huvides on muu menetlusdokumendi kättetoimetamine, võib taotleda kohtult dokumendi kättetoimetamist
enda korraldamisel. Menetlusosaline võib menetlusdokumendi kätte toimetada üksnes kohtutäituri vahendusel.
(2) Käesoleva paragrahvi lõikes 1 nimetatud juhul määrab kohus menetlusdokumendi kättetoimetamiseks tähtaja, mille jooksul peab kättetoimetamist korraldav menetlusosaline kättetoimetamise tulemustest kohut teavitama.
(3) Menetlusdokumendi kättetoimetamiseks edastab kohus kättetoimetamist korraldavale menetlusosalisele kättetoimetatava menetlusdokumendi kohtu pitseeritud ümbrikus ja kohtule tagastamisele kuuluva kättetoimetamisteatise vormi ning selgitab kohtule teadvalt valeandmete esitamise tagajärgi.
[RT I, 22.03.2013, 9 - jõust. 01.04.2013]
(4) Kohtutäituri vahendusel menetlusdokumendi kättetoimetamine ja selle dokumenteerimine toimub käesoleva seadustiku § 315 lõigetes 4–7 sätestatud korras.
(5) Kui hageja või maksekäsu kiirmenetluse avaldaja ei teavita kohut käesoleva paragrahvi lõike
2 alusel määratud tähtaja jooksul kättetoimetamise tulemustest, jäetakse avaldus läbi vaatamata. [RT I, 29.06.2012, 3 - jõust. 01.01.2013]

§ 316. Menetlusdokumendi kättetoimetamine välisriigis ja eksterritoriaalsetele Eesti

Vabariigi kodanikele

(1) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Menetlusdokumendi võib välisriigis kätte toimetada ka tsiviil- ja kaubandusasjade kohtu- ja kohtuväliste dokumentide välisriikides kätteandmise konventsiooni või muu välislepingu sätete kohaselt.
(3) Menetlusdokumendi võib välisriigis kätte toimetada ka tähitult väljastusteatega, mis ei pea vastama käesolevas seadustikus sätestatud vorminõuetele. Kättetoimetamise tõendamiseks piisab väljastusteate tagastamisest. Menetlusdokumendi võib välismaale kätte toimetada ka käesoleva seadustiku §-s 314 sätestatud korras.
(4) Kohus võib menetlusdokumendi välisriigis kätte toimetada ka välisriigi pädeva ametiasutuse kaudu või selles riigis Eesti Vabariiki esindava pädeva konsulaarametniku või saadiku vahendusel.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Eesti Vabariigi kodanikule, kellele laieneb eksterritoriaalsus ja kes kuulub Eesti Vabariigi välisesinduse koosseisu, võidakse menetlusdokument kätte toimetada ka Eesti Vabariigi Välisministeeriumi vahendusel.
(6) Taotluse menetlusdokumendi kättetoimetamiseks käesoleva paragrahvi lõikes 4 või 5 nimetatud isikule esitab asja arutav kohus. Dokumendi kättetoimetamist tõendab seda vahendanud ametiasutuse või ametniku kirjalik kinnitus kättetoimetamise kohta.
(7) Kui menetlusdokumendi välismaal kättetoimetamiseks on vaja see tõlkida, võib kohus nõuda menetlusosaliselt, kellest tulenevalt või kelle huvides on vaja menetlusdokument kätte toimetada, tõlke esitamist või tõlkekulude katmist. Kui menetlusosaline seda ei tee, võib kohus jätta menetlusdokumendi kätte toimetamata.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 3161. Euroopa Parlamendi ja nõukogu määruse (EÜ) nr 1393/2007 rakendamine

(1) Menetlusdokumendi kättetoimetamisele mõnes muus Euroopa Liidu liikmesriigis kohaldatakse käesolevas seadustikus sätestatut niivõrd, kuivõrd Euroopa Parlamendi ja nõukogu määruses (EÜ) nr 1393/2007 kohtu- ja kohtuväliste dokumentide liikmesriikides kättetoimetamise kohta tsiviil- ja kaubandusasjades («dokumentide kättetoimetamine»), millega tunnistatakse kehtetuks nõukogu määrus (EÜ) nr 1348/2000 (ELT L 324, 10.12.2007, lk 79–
120), sätestatust ei tulene teisiti.
(2) Käesoleva paragrahvi lõikes 1 nimetatud määruse artikli 2 lõike 1 alusel on kohtudokumente edastavateks asutusteks Eestis maakohtud, kelle menetluses olevas asjas tuleb dokument kätte toimetada, ning kohtuväliseid dokumente edastavaks asutuseks on Justiitsministeerium. Käesoleva paragrahvi lõikes 1 nimetatud määruse artikli 2 lõike 2 alusel on kohtu- ja kohtuväliseid dokumente vastuvõtvaks asutuseks maakohus, kelle tööpiirkonnas tuleb dokument kätte toimetada.
(3) Käesoleva paragrahvi lõikes 1 nimetatud määruse artikli 3 alusel täidab keskasutuse ülesandeid Justiitsministeerium.
(4) Käesoleva paragrahvi lõikes 1 nimetatud määruse artikli 4 lõike 3 alusel ja artikli 10 lõike 2 alusel aktsepteeritakse Eestis nii eesti kui inglise keeles koostatud tüüpvorme.
(5) Käesoleva paragrahvi lõikes 1 nimetatud määruse alusel toimub dokumendi Eestis kättetoimetamine tsiviilkohtumenetluse seadustikus menetlusdokumentide kättetoimetamiseks ettenähtud korras. Dokumente ei või kätte toimetada avalikult.
(6) Teise liikmesriigi Eestis asuva diplomaatilise või konsulaaresinduse kaudu võib käesoleva paragrahvi lõikes 1 nimetatud määruse artikli 13 lõike 2 kohaselt Eestis dokumente kätte toimetada üksnes juhul, kui dokumendid tuleb kätte toimetada selle liikmesriigi kodanikule, kust dokumendid edastatakse.
(7) Eestis ei ole lubatud dokumente kätte toimetada käesoleva paragrahvi lõikes 1 nimetatud määruse artiklis 15 sätestatud viisil.
(8) Eesti kohus võib käesoleva paragrahvi lõikes 1 nimetatud määruse artikli 19 lõikes 2 sätestatud tingimustel asja lahendada ka siis, kui puudub teatis kostjale menetlusdokumendi kättetoimetamise kohta. Tähtaja ennistamise avalduse võib vastavalt käesoleva paragrahvi lõikes
1 nimetatud määruse artikli 19 lõike 4 kolmandale lausele kohtule esitada ühe aasta jooksul pärast asjas menetlust lõpetava lahendi tegemist.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 317. Menetlusdokumendi avalik kättetoimetamine

(1) Menetlusosalisele võib kohtu määruse alusel toimetada menetlusdokumendi kätte avalikult, kui:
1) menetlusosalise aadress ei ole kantud registrisse või kui isik ei ela registris märgitud aadressil ning isiku aadress või viibimiskoht ei ole kohtule muul viisil teada ja kui dokumenti ei saa kätte toimetada isiku esindajale ega dokumendi kättesaamiseks volitatud isikule või muul käesolevas osas sätestatud viisil;
[RT I 2006, 61, 457 - jõust. 01.01.2007]
2) välisriigis ei ole eeldatavasti võimalik dokumenti nõuetekohaselt kätte toimetada;
3) dokumenti ei õnnestu kätte toimetada seetõttu, et kättetoimetamise kohaks on eksterritoriaalse isiku eluruum.
(11) Olenemata käesoleva paragrahvi lõikes 1 sätestatust, võib juriidilisest isikust menetlusosalisele kohtu määruse alusel toimetada menetlusdokumendi kätte avalikult, kui elektrooniline kättetoimetamine ja juriidilise isiku kohta peetavasse registrisse kantud postiaadressil tähitud kirjaga kättetoimetamine ei ole tulemust andnud. Kui juriidiline isik on esitanud registripidajale äriseadustiku § 631 lõikes 1 sätestatud isiku Eesti aadressi, tuleb enne menetlusdokumendi avalikult kättetoimetamist üritada dokumenti kätte toimetada ka sellel aadressil.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(12) Olenemata käesoleva paragrahvi lõikes 1 sätestatust, võib maksekäsu kiirmenetluse üleminekul hagimenetluseks käesoleva seadustiku § 486 lõike 1 punktis 2 sätestatu kohaselt kohtu määruse alusel toimetada hagiavalduse kätte avalikult, kui makseettepaneku koostanud kohus on makseettepanekut võlgnikule kätte toimetades täitnud käesoleva paragrahvi lõike 1 punktis 1 sätestatud avaliku kättetoimetamise eeldused.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(2) Kohus võib menetlusdokumendi avalikku kättetoimetamist taotlevalt menetlusosaliselt nõuda politsei või valla- või linnavalitsuse kinnitust, et neile on saaja viibimiskoht teadmata, või muid tõendeid käesoleva paragrahvi lõikes 1 nimetatud asjaolude kohta. Politseiasutus ja valla- või linnavalitsus peavad nõudel selle kinnituse menetlusosalisele andma. Kohus teeb ka ise vajaduse korral järelepärimisi saaja aadressi väljaselgitamiseks.
(3) Avalikult kättetoimetatava dokumendi väljavõte avaldatakse väljaandes Ametlikud Teadaanded. Asja arutav kohus võib teha määruse, mille kohaselt võib väljavõte ilmuda ka teistes väljaannetes.
[RT I 2006, 55, 412 - jõust. 01.01.2007]
(4) Käesoleva paragrahvi lõikes 3 nimetatud väljavõttes peab olema ära märgitud:
1) asja arutav kohus, menetlusosaline ja menetluse ese; [RT I 2008, 59, 330 - jõust. 01.01.2009]
2) kättetoimetatavas dokumendis sisalduv taotlus;
3) lahendi kättetoimetamise puhul selle resolutsioon;
4) kohtukutse kättetoimetamise korral kohtusse kutsumise eesmärk ja aeg;
5) hagi kättetoimetamise korral hagile vastamise ettepanek, ettepaneku sisu ja ettenähtud selgitus.
(5) Dokument loetakse avalikult kättetoimetatuks 15 päeva möödumisel väljavõtte väljaandes Ametlikud Teadaanded ilmumise päevast. Asja arutav kohus võib määrata dokumendi kättetoimetatuks lugemiseks pikema tähtaja. Sel juhul avaldatakse tähtaeg koos avaliku kättetoimetamisega.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(6) Kohus võib keelduda menetlusdokumendi avalikust kättetoimetamisest, kui menetluses tehtavat lahendit soovitakse eeldatavasti tunnustada või täita välisriigis ja avaliku kättetoimetamise tõttu on tõenäoline, et lahendit ei tunnustataks või ei täidetaks. Avalikust kättetoimetamisest keeldumise määruse peale võib esitada määruskaebuse. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

35. peatükk MENETLUSDOKUMENDI KÄTTETOIMETAMINE SAAJA ESINDAJALE

§ 318. Menetlusdokumendi kättetoimetamine saaja seaduslikule esindajale

(1) Piiratud teovõimega saajale loetakse menetlusdokument kättetoimetatuks, kui see on kätte toimetatud saaja seaduslikule esindajale.
(2) Juriidilise isiku või ametiasutuse puhul toimetatakse menetlusdokument kätte juriidilise isiku või ametiasutuse seaduslikule esindajale, kui käesolevast seadustikust ei tulene teisiti.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(3) Kui käesoleva paragrahvi lõikes 2 nimetatud isikul on mitu seaduslikku esindajat, piisab kättetoimetamisest ühele neist.
[RT I 2005, 39, 308 - jõust. 01.01.2006]

§ 319. Menetlusdokumendi kättetoimetamine volitatud isikule

(1) Menetlusdokument loetakse saajale kättetoimetatuks, kui see on kätte toimetatud tema poolt selleks volitatud isikule. Eeldatakse, et dokumendi saaja prokuristil või saajalt üldvolituse saanud isikul, samuti saaja nimel dokumente tavaliselt vastuvõtval isikul on ka menetlusdokumentide vastuvõtmise õigus.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Füüsilisest isikust ettevõtjale, eraõiguslikule juriidilisele isikule ja välismaa äriühingu filiaalile loetakse menetlusdokument kätte toimetatuks ka juhul, kui see on kätte toimetatud äriregistrisse või mittetulundusühingute ja sihtasutuste registrisse kantud menetlusdokumentide vastuvõtmiseks volitatud isikule.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 320. Menetlusosalise kohustus määrata menetlusdokumentide vastuvõtmiseks esindaja

(1) Kui menetlusdokument toimetatakse kätte välisriigi pädeva ametiasutuse, Eesti Vabariigi pädeva konsulaarametniku või saadiku või Eesti Vabariigi Välisministeeriumi vahendusel, võib kohus nõuda, et dokumendi saaja määraks menetlusdokumente vastu võtma volitatud Eestis elava või asuva isiku, kui saaja ei ole määranud menetluseks esindajat.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kohus võib menetlusosalist määrusega kohustada menetlusdokumente vastu võtma volitatud isiku määrama ka muul juhul, kui võib eeldada põhjendamatuid raskusi dokumentide kättetoimetamisel.
(3) Kui menetlusdokumente vastu võtma volitatud isiku määramiseks kohustatud menetlusosaline seda isikut ei nimeta, toimetatakse menetlusdokumendid talle kuni kättesaamiseks volitatud isiku nimetamiseni kätte dokumentide postitamisega lihtkirjana tema enda aadressil.
(4) Käesoleva paragrahvi lõikes 3 nimetatud juhul loetakse dokument kätte toimetatuks 15 päeva möödumisel postitamisest, isegi juhul, kui saadetis tagastatakse. Kohus võib dokumendi kätte toimetatuks lugemiseks määrata pikema tähtaja.
(5) Käesoleva paragrahvi lõikes 3 nimetatud postitamisega toimunud kättetoimetamise kohta tuleb toimikusse märkida, millal ja mis aadressil on dokument postitatud.

§ 321. Menetlusdokumendi kättetoimetamine kohtumenetluse esindajale

(1) Kui menetlusosalist esindab kohtumenetluses esindaja, toimetatakse menetluses olevas asjas dokumendid kätte ja saadetakse muud teated üksnes esindajale, kui kohus ei pea vajalikuks nende saatmist lisaks menetlusosalisele isiklikult. Mitme esindaja puhul piisab kättetoimetamisest ühele neist.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kohtulahendi peale esitatud kaebus toimetatakse kätte menetlusosalise sama menetlusastme kohtu esindajale, kus tehtud lahendi peale kaevatakse. Kui pool on juba määranud esindaja kõrgema kohtuastme jaoks, kus hakatakse kaebust lahendama, võib kaebuse toimetada kätte ka sellele esindajale.
(3) Menetlusosalist esindavale advokaadile loetakse menetlusdokument kätte toimetatuks ka menetlusdokumendi panemisega kohtu ruumides advokaadi jaoks ettenähtud ja advokaadiga kokku lepitud postkasti.

36. peatükk KÄTTETOIMETAMINE ERIJUHTUDEL

§ 322. Menetlusdokumendi kättetoimetamine eluruumis ja viibimiskohas ning saaja tööandjale, üürileandjale ja maja haldajale

(1) Kui menetlusdokumendi saajat ei saada tema eluruumis kätte, loetakse dokument saajale kättetoimetatuks ka kättetoimetamisega tema eluruumis elavale või perekonda teenivale vähemalt neljateistkümneaastasele isikule.
(2) Menetlusdokumendi võib saaja asemel toimetada kätte seda kortermaja haldavale korteriühistule, kus saaja elu- või äriruum asub, või kaasomandi eseme valitsejale või saaja üürileandjale, samuti ka saaja tööandjale või muule isikule, kellele saaja osutab lepingu alusel teenuseid.
(3) Menetlusdokument loetakse saajale kättetoimetatuks ka juhul, kui see toimetatakse käesoleva paragrahvi lõigetes 1 ja 2 sätestatud viisil kätte saaja esindajale.
(4) Pikemat aega kaitseväes, vanglas, tervishoiuasutuses või muus sellises kohas viibivale isikule loetakse dokument kättetoimetatuks ka dokumendi üleandmisega selle juhile või tema määratud isikule, kui seaduses ei ole ette nähtud teisiti.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 323. Menetlusdokumendi kättetoimetamine äriruumis

(1) Majandus- või kutsetegevusega tegelevale füüsilisele isikule loetakse dokument kättetoimetatuks ka juhul, kui dokument toimetatakse kätte tema äriruumis püsivalt viibivale töötajale või muu sellesarnase lepingu alusel talle püsivalt teenuseid osutavale isikule, kui füüsiline isik ise ei viibi tavalisel tööajal äriruumis või kui ta ei saa dokumenti vastu võtta.
(2) Käesoleva paragrahvi lõikes 1 sätestatut kohaldatakse ka juriidilisele isikule, ametiasutusele, notarile ja kohtutäiturile dokumendi kättetoimetamise suhtes, samuti dokumendi kättetoimetamise korral saaja esindajale või muule isikule, kellele võib dokumendi saaja asemel kätte toimetada.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 324. Menetlusdokumendi kättetoimetamise piirangud

Käesoleva seadustiku §-des 322 ja 323 nimetatud juhtudel ei loeta dokumenti kättetoimetatuks selle kättetoimetamisel saaja asemel isikule, kes osaleb kohtumenetluses saaja vastaspoolena.

§ 325. Menetlusdokumendi vastuvõtmisest keeldumine

Kui isik seadusliku aluseta keeldub dokumendi vastuvõtmisest, loetakse dokument kätte toimetatuks alates selle vastuvõtmisest keeldumisest. Dokument jäetakse sel juhul saaja elu- või äriruumi või pannakse saaja postkasti. Ruumi ja postkasti puudumisel tagastatakse dokument kohtule.

§ 326. Menetlusdokumendi kättetoimetamine postkasti panekuga

(1) Kui menetlusdokumenti ei ole võimalik kätte toimetada, kuna seda ei saa üle anda saaja või tema esindaja elu- või äriruumis, loetakse dokument kättetoimetatuks dokumendi panemisega elu- või äriruumi juurde kuuluvasse postkasti või muusse sellesarnasesse kohta, mida saaja või
tema esindaja kasutab posti kättesaamiseks ja mis harilikult tagab saadetise säilimise. Käesoleva seadustiku § 322 lõikes 2 nimetatud isikule võib menetlusdokumendi sel viisil kätte toimetada üksnes juhul, kui kättetoimetamine ei ole võimalik saajale või tema esindajale isiklikult.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kättetoimetamine käesoleva paragrahvi lõikes 1 nimetatud viisil on lubatud üksnes juhul, kui menetlusdokumenti on proovitud isikule isiklikult üle anda vähemalt kahel korral oluliselt erinevatel kellaaegadel vähemalt kolmepäevase vahega ja menetlusdokumenti ei ole võimalik kätte anda elu- või äriruumis viibivale muule isikule käesoleva seaduse § 322 lõike 1 või § 323 kohaselt.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Käesoleva paragrahvi lõikes 1 nimetatud juhul märgitakse kättetoimetatava saadetise ümbrikule kättetoimetamise kuupäev.

§ 327. Menetlusdokumendi kättetoimetamine hoiustamisega

(1) Käesoleva seadustiku §-s 326 sätestatud tingimustel võib dokumendi samuti hoiustada dokumendi kättetoimetamise kohas asuvas postkontoris või valla- või linnavalitsuses või selle maakohtu kantseleis, kelle tööpiirkonnas asub dokumendi kättetoimetamise koht.
(2) Hoiustamise kohta jäetakse või saadetakse saaja aadressil postiga kirjalik teade, selle võimatuse korral aga kinnitatakse teade eluruumi, äriruumi või viibimiskoha uksele või väljastatakse naabruses elavale isikule saajale edastamiseks. Teatest peab selgelt ilmnema, et hoiustatud on kohtu edastatud dokument ning et hoiustamisega loetakse dokument kätte toimetatuks ja sellest võivad kulgema hakata menetlustähtajad.
(3) Dokument loetakse kätte toimetatuks kolme päeva möödumisel käesoleva paragrahvi lõikes
2 nimetatud kirjaliku teate edastamisest või mahajätmisest. Dokumendi ümbrikule märgitakse kättetoimetamise kuupäev.
(4) Kättetoimetamiseks edastatud dokument tagastatakse saatjale 15 päeva möödumisel kättetoimetatuks lugemisest, kui kohus ei ole selleks määranud pikemat tähtaega.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

7. osa MENETLUSOSALISTE AVALDUSED JA TAOTLUSED

37. peatükk ÜLDSÄTTED

§ 328. Avalduste õigsus ja avaldustele vastamise tagamine

(1) Menetlusosalise avaldused asja puudutavate faktiliste asjaolude kohta peavad olema tõesed. (2) Kohus tagab poolele võimaluse vastaspoole taotlustele ja faktilistele väidetele vastata, kui
seadusest ei tulene teisiti.

§ 329. Avalduste esitamise õigeaegsus

(1) Menetlusosalised peavad menetluses esitama oma avaldused, taotlused, tõendid ja vastuväited nii varakult, kui menetluse seisund seda võimaldab ning see on menetluse kiireks ja õigeks lahendamiseks vajalik. Pärast eelmenetluse lõppemist võib uusi avaldusi, taotlusi, väiteid, tõendeid ja vastuväiteid esitada üksnes juhul, kui neid ei olnud mõjuval põhjusel võimalik varem esitada.
(2) Kui asi lahendatakse kohtuistungil, peavad menetlusosalised esitama oma põhiväited ja - taotlused enne kohtuistungit.
(3) Kohus peab õigeaegselt tegema kõik vajaliku asja arutamise ettevalmistamiseks. Menetluse igas staadiumis aitab kohus kaasa sellele, et pooled teeksid oma avaldused õigeaegselt ning täies ulatuses ja aitaksid kaasa asja võimalikult kiirele ja väikeste kuludega lahendamisele.
(4) Eelmenetluses võib kohus anda menetlusosalistele korraldusi dokumentide esitamiseks, täiendamiseks või selgitamiseks ja vastaspoole esitatud dokumentide suhtes arvamuse andmiseks ning tõendite esitamiseks kohtu määratud tähtaja jooksul. Menetlusosalistele tuleb kõikidest kohtu korraldustest teatada.

§ 330. Avalduste esitamise tähtajad

(1) Avaldused, taotlused, tõendid ja vastuväited tuleb esitada enne eelmenetluse lõppemist või kirjalikus menetluses enne taotluste esitamise tähtaja möödumist.
(2) Avalduse või kaebuse esitamise seadusega lubatavust puudutavad vastuväited tuleb esitada korraga ja vastuses avaldusele või kaebusele või vastamata jätmise korral esimesel istungil või esimese sisulise taotluse esitamisel kohtule.
(3) Pärast eelmenetluse lõppemist või kirjalikus menetluses pärast taotluste esitamise tähtaja möödumist esitatud uusi asjaolusid või taotlusi sisaldavat avaldust, samuti tõendeid menetletakse käesoleva seadustiku §-s 331 sätestatud juhul ja korras.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]

§ 331. Avalduste hilisem esitamine

(1) Kui menetlusosaline pärast selleks kohtu määratud tähtaja möödumist või käesoleva seadustiku §-s 329 või 330 sätestatut rikkudes esitab avalduse, taotluse, tõendi või vastuväite, menetleb kohus seda üksnes juhul, kui menetlusse võtmine ei põhjusta kohtu arvates menetluse lahendamise viibimist või menetlusosaline põhistab, et hilinemiseks oli mõjuv põhjus.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kui menetlusosalisele ei ole vastaspoole taotlusest, avaldusest, tõendist või vastuväitest enne kohtuistungit õigel ajal teatatud ja menetlusosaline ei oska vastaspoole esitatu suhtes seetõttu piisavalt seisukohta võtta, võib kohus kohtuistungi edasilükkamisel määrata talle tähtaja, mille jooksul ta võib esitada oma seisukoha.

§ 332. [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 333. Vastuväite esitamine kohtu tegevuse kohta

(1) Menetlusosaline võib esitada vastuväite kohtu tegevuse kohta menetluse juhtimisel, samuti vastuväite menetlussätte rikkumise, eelkõige menetlustoimingu tegemise vorminõuete rikkumise kohta. Vastuväite lahendab kohus määrusega.
(2) Kui menetlusosaline ei esita vastuväidet hiljemalt kohtuistungi lõpus, kus rikkumine toimus, või rikkumisele järgnenud esimeses kohtule esitatud menetlusdokumendis, olgugi et menetlusosaline teadis või pidi viga teadma, ei saa ta vastuväidet hiljem esitada.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Käesoleva paragrahvi lõikes 2 nimetatud juhul ei või menetlusosaline tugineda veale kohtu tegevuses ka kohtulahendi peale edasi kaevates.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Käesoleva paragrahvi lõigetes 2 ja 3 sätestatut ei kohaldata, kui kohus on rikkunud tsiviilkohtumenetluse olulist põhimõtet.

§ 3331. Kohtumenetluse kiirendamise taotlus

(1) Kui tsiviilasi on olnud kohtu menetluses vähemalt üheksa kuud ja kohus ei tee mõjuva põhjuseta vajalikku menetlustoimingut, sealhulgas ei määra õigel ajal kohtuistungit, et tagada kohtumenetluse läbiviimine mõistliku aja jooksul, võib kohtumenetluse pool kohtult taotleda kohtumenetluse kiiremaks lõpuleviimiseks sobiva abinõu tarvituselevõtmist.
(2) Kui kohus peab taotlust põhjendatuks, määrab ta 30 päeva jooksul alates taotluse saamisest sellise abinõu rakendamise, mis eelduslikult võimaldab kohtumenetluse mõistliku aja jooksul lõpule viia. Kohus ei ole abinõu valikul taotlusega seotud.
(3) Taotluse rahuldamata jätmine või kohtumenetluse kiirendamiseks taotluses märgitust erineva abinõu rakendamine vormistatakse käesoleva paragrahvi lõikes 2 sätestatud tähtaja jooksul
põhistatud määrusega. Määrust, millega otsustatakse rakendada taotluses märgitud kohtumenetluse kiirendamise abinõud, ei pea põhistama.
(4) Kohtumenetluse kiirendamise taotluse läbivaatamisel tehtud määruse peale võib esitada määruskaebuse. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
(5) Kohus võib määruskaebuse lahendamisel määrata sellise abinõu rakendamise, mis eelduslikult võimaldab kohtumenetluse mõistliku aja jooksul lõpule viia. Kohus ei ole abinõu valikul kaebuse piiridega seotud.
(6) Uue taotluse võib esitada pärast kuue kuu möödumist eelmise taotluse kohta tehtud kohtumääruse jõustumisest, välja arvatud juhul, kui taotlus esitatakse põhjusel, et asja menetlev kohus ei ole määruses ette nähtud abinõu tähtaegselt rakendanud.
[RT I, 23.02.2011, 1 - jõust. 01.09.2011]

38. peatükk MENETLUSOSALISTE ESITATAVATE MENETLUSDOKUMENTIDE VORM

§ 334. Kirjalike dokumentide esitamine

(1) Avaldused, taotlused, vastuväited ja kaebused esitatakse kohtule selgesti loetavas masina- või arvutikirjas A4 formaadis. Kohtuistungil esitatud avaldused, taotlused, seisukohad ja vastuväited protokollitakse.
(2) Võimaluse korral esitavad menetlusosalised kohtule kirjalikult esitatud menetlusdokumendid ka elektrooniliselt.

§ 335. Dokumendi esitamine kirjalikku taasesitamist võimaldavas vormis

(1) Kirjaliku avalduse või kaebuse esitamiseks antud tähtajast kinnipidamiseks piisab avalduse või kaebuse edastamisest kohtule faksi teel või elektronpostiga selleks ettenähtud aadressil või muus kirjalikku taasesitamist võimaldavas vormis, tingimusel et kirjaliku dokumendi originaal antakse kohtule üle viivitamata pärast seda, kuid hiljemalt asja arutamisel kohtuistungil või kirjalikus menetluses dokumentide esitamise tähtaja jooksul.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kohtulahendi peale kaebuse esitamise korral tuleb kaebuse originaal esitada kümne päeva jooksul.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Käesoleva paragrahvi lõikes 1 sätestatut ei kohaldata dokumendi edastamise korral elektrooniliselt, kui dokument on esitatud käesoleva seadustiku § 336 nõuete kohaselt. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 336. Dokumendi esitamine elektrooniliselt

(1) Kohtule võib avaldusi ja muid dokumente, mis peavad olema kirjalikus vormis, esitada ka elektrooniliselt, kui kohus saab esitatud dokumendi välja trükkida ja dokumendist teha koopiaid. Dokument peab olema varustatud saatja digitaalallkirjaga või edastatud muul sellesarnasel turvalisel viisil, mis võimaldab saatja tuvastada. Saatja loetakse üheselt tuvastatavaks, kui elektronkirjale on lisatud saatja isikliku võtme abil moodustatud autentsustunnistus.
(2) Elektrooniline dokument loetakse kohtule esitatuks, kui see on salvestatud kohtudokumentide vastuvõtmiseks ettenähtud andmebaasi. Dokumendi saatjale edastatakse selle kohta elektrooniline kinnitus. Kui kohus ei saa dokumenti välja trükkida või sellest koopiaid teha, teatatakse sellest viivitamata saatjale.
(3) Elektroonilise dokumendi kohtule edastamise täpsema korra ja dokumendiformaatidele esitatavad nõuded kehtestab justiitsminister määrusega.
(4) Kohus võib menetlusosalise elektronpostiga esitatud avalduse või muu menetlusdokumendi lugeda piisavaks ka juhul, kui see ei vasta käesoleva paragrahvi lõigetes 1–3 sätestatud nõuetele, eelkõige digitaalallkirjaga varustamise nõudele, kui kohtul ei ole kahtlust saatja isikus ja dokumendi saatmises, eriti kui samalt elektronposti aadressilt on kohtule sama asja menetluses sama menetlusosalise poolt varem esitatud digitaalallkirjaga dokumente või kui kohus on nõustunud, et talle võib avaldusi või muid dokumente esitada ka sellisel viisil.
[RT I 2008, 28, 180 - jõust. 15.07.2008]
(5) Käesoleva seadustiku § 218 lõike 1 punktides 1–3 ja lõikes 2 sätestatud lepinguline esindaja, notar, kohtutäitur, pankrotihaldur, riigi- ja kohaliku omavalitsuse asutus ning muu juriidiline isik esitab dokumendid kohtule elektrooniliselt, kui ei ole mõjuvat põhjust esitada dokument muus vormis.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(6) Kui avaldusi või muid dokumente saab esitada selleks loodud portaali vahendusel arvutis peetavasse menetlusinfosüsteemi, ei või neid esitada e-posti teel, välja arvatud mõjuval põhjusel. Justiitsminister kehtestab portaali vahendusel esitatavate dokumentide loetelu määrusega.
[RT I 2009, 67, 460 - jõust. 01.01.2010]

§ 337. Advokaadi edastatav dokument

Kui mitut menetlusosalist esindab menetluses advokaat, saadab advokaat kohtule edastatavad dokumendid ja nende lisad ise teiste menetlusosaliste advokaatidele ja teavitab sellest kohut. Sel juhul eeldatakse, et dokumendid on teistele menetlusosalistele kohtule teatatud ajal kätte toimetatud. Dokumentide edastamise või sellest kohtu teavitamise kohustust rikkunud advokaati võib kohus trahvida.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 338. Kohtule esitatava menetlusdokumendi sisu

(1) Menetlusosalise poolt kohtule esitatavas menetlusdokumendis, muu hulgas hagis, vastuväites ja kaebuses, märgitakse:
[RT I 2008, 59, 330 - jõust. 01.01.2009]
1) menetlusosaliste ning nende võimalike esindajate nimed ja aadressid ning sidevahendite andmed;
2) kohtu nimetus;
3) asja põhisisu;
4) menetluses olevas asjas tsiviilasja number;
5) menetlusosalise esitatav taotlus;
6) taotlust põhjendavad asjaolud;
7) menetlusdokumendi lisade nimekiri;
8) menetlusosalise või tema esindaja allkiri, elektroonilise dokumendi puhul digitaalallkiri või muu isikusamasuse tuvastamist võimaldav tunnus vastavalt käesoleva seadustiku §-s 336 sätestatule.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Füüsilise isiku kohta tuleb menetlusdokumendis märkida ka tema isikukood, selle puudumisel sünniaeg. Avalikku registrisse kantud juriidilise isiku kohta tuleb märkida tema registrikood, selle puudumisel tegutsemise õiguslik alus.
(3) Kui menetlusosaline ei tea teise menetlusosalise aadressi või muid andmeid, tuleb menetlusdokumendis märkida, mida ta on andmete teadasaamiseks teinud.
(4) Kohtule esitatud sisulist taotlust sisaldavas avalduses ja vastuses vastaspoole esitatud taotlusele või väidetele märgitakse lisaks käesoleva paragrahvi lõikes 1 loetletud andmetele:
1) seisukoht vastaspoole esitatud faktiväidete kohta;
2) tõendid, mida menetlusosaline soovib kasutada oma väidete tõendamiseks või vastaspoole väidete ümberlükkamiseks;
3) seisukoht vastaspoole esitatud tõendite kohta.

§ 339. Menetlusdokumendi lisad

(1) Kui menetlusdokumendi allkirjastab menetlusosalise esindaja, lisatakse asjas esimesele esindaja esitatud menetlusdokumendile volikiri või muu esindusõigust tõendav dokument. Kui menetlusdokumendi allkirjastab esindajana advokaat, ei pea volikirja esitama, kuid kohtul on õigus selle esitamist nõuda.
(2) Avaldusele lisatakse avalduses viidatud ja menetlusosalise käes olevate dokumentide originaalid või ärakirjad, välja arvatud juhul, kui need on juba kohtule esitatud.
(3) Kui menetlusdokumendis taotletava menetlustoimingu tegemiseks on ette nähtud riigilõiv või kautsjon, tuleb menetlusdokumendis märkida selle tasumise kontrollimist võimaldavad andmed või lisada tõend menetlusabi andmise kohta või taotlus menetlusabi andmiseks riigilõivu või kautsjoni tasumisel.

§ 340. Ärakirjad teistele menetlusosalistele

(1) Menetlusosaline peab kohtusse esitatavad kirjalikud dokumendid ja nende lisad esitama koos dokumentide teistele menetlusosalistele kättetoimetamiseks nõutava arvu ärakirjadega.
(2) Käesoleva paragrahvi lõikes 1 sätestatut ei kohaldata dokumentide või nende lisade suhtes, mis on teistel menetlusosalistel olemas originaali või ärakirjana. Sel juhul tuleb kohtule ka teatada, milliste menetlusdokumentide ärakirjasid ei esitata ja miks menetlusosaline arvab, et need on teisel menetlusosalisel olemas.
(21) Käesoleva paragrahvi lõikes 1 sätestatut ei kohaldata dokumentide elektroonilisel esitamisel.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(3) Käesoleva paragrahvi lõikes 1 sätestatut ei kohaldata ka juhul, kui advokaat saadab menetlusdokumentide ärakirjad teist menetlusosalist esindavale advokaadile ja kinnitab seda kohtule.
(4) Kohtule elektrooniliselt esitatud dokumendist korraldab kohus ärakirjade või väljatrükkide tegemise, kui teisele menetlusosalisele ei saa eeldatavasti elektroonilist dokumenti edastada või ta ei saa selle sisuga eeldatavasti tutvuda või seda välja trükkida. Käesoleva lõike esimeses lauses nimetatud juhul on ärakirjade või väljatrükkide tegemine riigilõivuvaba.
[RT I 2009, 67, 460 - jõust. 01.01.2010]
(5) [Kehtetu - RT I 2009, 67, 460 - jõust. 01.01.2010]

§ 3401. Menetlusdokumendi puuduste kõrvaldamine

(1) Kui menetlusosalise esitatud avaldus, taotlus, vastuväide või kaebus ei vasta vorminõuetele või on esitatud muude puudustega, mida saab kõrvaldada, muu hulgas kui tasumata on riigilõiv või kautsjon, määrab kohus tähtaja puuduse kõrvaldamiseks ja jätab menetlusdokumendi seniks käiguta.
(2) Kui kohtu määratud tähtpäevaks puudusi ei kõrvaldata, jäetakse avaldus, taotlus või kaebus menetlusse võtmata ja tagastatakse, juba menetlusse võetud avaldus, taotlus või kaebus aga jäetakse läbi vaatamata. Selle kohta tehtud maakohtu või ringkonnakohtu määruse peale võib esitada määruskaebuse, kui seaduses ei ole sätestatud teisiti. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata, kui seaduses ei ole sätestatud teisiti.
(3) Kui kohtu määratud tähtpäevaks ei kõrvaldata puudusi vastuväidetes, jätab kohus vastuväited tähelepanuta.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

8. osa KOHTUISTUNG

§ 341. Asja lahendamine kohtuistungil

(1) Tsiviilasi vaadatakse läbi ja lahendatakse kohtuistungil, kui seadusega ei ole ette nähtud teisiti.
(2) Käeolevas peatükis kohtule ettenähtud õigused ja kohustused kehtivad ka erinõude alusel tegutseva kohtu ja korralduse alusel tegutseva kohtuniku kohta.

§ 342. Kohtuistungi määramine

(1) Kohus määrab taotluse või avalduse lahendamiseks kohtuistungi, kui avaldust või taotlust ei saa lahendada kohtuistungit pidamata.
(2) Kohtuistungi aeg määratakse viivitamata pärast avalduse või taotluse ja sellele vastuse saamist või vastamiseks antud tähtaja möödumist. Kohus võib määrata kohtuistungi aja kindlaks ka enne vastuse saamist või vastamiseks antud tähtaja möödumist, kui võib eeldada, et sõltumata vastusest on asja lahendamiseks vajalik kohtuistung, või kui istungi kohene kindlaksmääramine on vastavalt asjaoludele muul põhjusel mõistlik. Kui kohus vastust ei küsi, määrab ta kohtuistungi aja viivitamata pärast avalduse või taotluse saamist.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kohtuistungi aja määramisel küsitakse ja arvestatakse võimaluse korral menetlusosaliste arvamust.

§ 343. Kohtukutsete saatmine ja istungi toimumise aja avaldamine kohtu veebilehel

(1) Kohtuistungi toimumise ajast ja kohast teavitamiseks toimetab kohus kohtukutsed kätte menetlusosalistele ja teistele isikutele, kes tuleb kohtuistungile kutsuda.
(2) Kutse kättetoimetamise ja istungipäeva vahele peab jääma vähemalt kümme päeva. Menetlusosaliste nõusolekul võib tähtaeg olla ka lühem.
(3) Kohtuistungi toimumise aeg avaldatakse ka kohtu veebilehel, märkides tsiviilasja numbri, menetlusosaliste nimed ja tsiviilasja üldise kirjelduse. Kinnise kohtuistungi kohta avaldatakse üksnes toimumise aeg, tsiviilasja number ja märge, et kohtuistung on kinnine. Kohtuistungi toimumise aeg eemaldatakse veebilehelt seitsme päeva möödumisel kohtuistungi toimumisest. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 344. Kohtukutse sisu

(1) Kohtukutses märgitakse vähemalt:
1) kohtusse kutsutava isiku nimi;
2) kohtu nimetus ja aadress;
3) kohtuistungi aeg ja koht;
4) asja põhisisu;
5) kellena isik välja kutsutakse;
6) kohustus teatada kohtusse ilmumata jätmise põhjusest;
7) kohtusse ilmumata jätmise tagajärjed.
(2) Kui menetlusosaline kutsutakse hagimenetluses Riigikohtu istungile ja kohtukutset ei edastata vandeadvokaadile, märgitakse kutses ka, et menetlusosaline võib Riigikohtus menetlustoiminguid teha ning avaldusi ja taotlusi esitada üksnes vandeadvokaadi vahendusel.
(3) Kui isikule edastatakse kohtukutse selles tsiviilasjas esimest korda, märgitakse kutses kohustus võtta kohtuistungile kaasa isikut tõendav dokument. Esindajale asjas esimese kohtukutse saatmisel märgitakse kutses esindaja kohustus võtta kohtuistungile kaasa esindusõigust tõendav dokument, välja arvatud juhul, kui esindajaks on advokaat.
(4) Tunnistajale edastataval kohtukutsel viidatakse ka tunnistaja õigusele saada tunnistajatasu ja kulutuste hüvitamise õigusele.
(5) Kohtukutse ei pea olema allkirjastatud.
(6) Kohtukutse ühtse vormi kehtestab justiitsminister määrusega.
(7) Kohtukutse ei pea olema käesoleva paragrahvi lõigetes 1–6 ettenähtud vormis, kui see antakse üle kohtuistungil või kui kohtuistungil võetakse isikult protokolli allkiri kohtuistungi toimumise aja kohta. Vajaduse korral selgitab kohus kohtukutsega seotud asjaolusid.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 345. Kohtuistungile ilmumata jäämisest teatamine

Kui kohtuistungile kutsutud menetlusosaline, tunnistaja, ekspert või tõlk ei saa kohtusse ilmuda, peab ta sellest kohtule õigel ajal teatama ja kohtusse ilmumise takistust põhistama.

§ 346. Menetlusosaliste isiklik kohalolek kohtuistungil

[RT I 2008, 59, 330 - jõust. 01.01.2009]

(1) Kohus võib määruse alusel kohustada menetlusosalist või tema seaduslikku esindajat isiklikult kohtuistungile ilmuma, kui see on kohtu hinnangul vajalik asja lahendamiseks tähendust omavate asjaolude selgitamiseks või vaidluse kompromissiga lõpetamiseks. Kohus ei kohusta menetlusosalist kohtuistungile isiklikult ilmuma, kui menetlusosalise isiklikku ilmumist istungile ei saa nõuda suure vahemaa tõttu või muul mõjuval põhjusel.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Abieluasjas ja põlvnemisasjas kohustab maakohus pooli isiklikult kohtusse ilmuma ja peab nad ära kuulama, välja arvatud juhul, kui poolel on kohtusse ilmumata jäämiseks mõjuv põhjus. Kui pool ei saa kohtusse ilmuda või kui temalt ei saa seda oodata, võib teda ära kuulata ja seletuse võtta asja erinõude alusel menetlev kohus.
(3) Isiklikult kohtusse ilmumise kohustus tehakse kutsega teatavaks menetlusosalisele isiklikult, isegi kui ta on määranud endale menetluseks esindaja.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kui menetlusosaline kohtu korraldusest hoolimata kohtuistungile ei ilmu, võib kohus teda trahvida nagu istungile ülekuulamiseks ilmumata jätnud tunnistajat või kohaldada tema suhtes sundtoomist.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Käesoleva paragrahvi lõikes 4 sätestatut ei kohaldata, kui menetlusosaline saadab istungile esindaja, kes on võimeline selgitama faktilisi asjaolusid ja on volitatud tegema nõutavaid avaldusi, eelkõige sõlmima kompromissi. Abielu- ja põlvnemisasjas on kohtul ka sel juhul õigus poolt trahvida ja tema suhtes sundtoomist kohaldada.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 347. Kohtuistungi alustamine

(1) Kui kohus istungisaali siseneb või sealt lahkub, tõusevad saalisviibijad püsti.
(2) Kohtuistungi avamisel teatab kohus, millist asja arutatakse. Kohtuistungi alguses teeb kohus kindlaks:
1) kes väljakutsutud isikutest on kohtuistungile ilmunud ja nende isikusamasuse;
2) kas istungilt puuduvatele isikutele on kohtuistungi toimumisest seaduse kohaselt teatatud või kas neid on seaduse kohaselt kohtusse kutsutud;
3) kas menetlusosaliste esindajatel on olemas esindusõigus.
(3) Asja arutamise kohtuistungil selgitab kohus sissejuhatavalt menetluse sisu ning menetluslikku olukorda.
(4) Kui istung korraldatakse üksnes kohtulahendi kuulutamiseks, ei ole kohalolijate tuvastamine ja kontroll vajalik.
(5) Kui menetlusosalist ei esinda advokaat, selgitab kohus menetlusosalisele või tema esindajale kohtuistungil menetlustoimingu tegemise või tegemata jätmise tagajärgi. Kui menetlustoimingu tegemise või tegemata jätmise tagajärgi on kord selgitatud, ei pea seda hiljem kordama.

§ 348. Kohtuistungi käik

(1) Kohus juhib kohtuistungit ning selgitab välja menetlusosaliste arvamuse asjas tähendust omavate asjaolude suhtes ja kõrvaldab asja arutamisest kõik, mis ei oma asja lahendamiseks tähendust.
(2) Kohus hoolitseb selle eest, et asja arutatakse ammendavalt ja edasi lükkamiseta.
(3) Enne poole taotluse lahendamist kuulab kohus ära teiste menetlusosaliste arvamuse selle kohta. Kohus tagab, et menetlusosalistel on iga asja lahendamiseks olulise asjaolu suhtes võimalik avaldada oma arvamust.
(4) Kui menetlusosalist esindab teine isik, tuleb menetlusosalise nõudmisel anda sõna ka isiklikult menetlusosalisele endale.
(5) Kui asja arutab kollegiaalne kohtukoosseis, on kohtu õigused kohtuistungi korraldamisel eesistujal. Eesistuja annab teistele kohtukoosseisu liikmetele nende soovil võimaluse esitada küsimusi.

§ 349. Asja suuline arutamine

(1) Asja arutamine kohtuistungil on suuline, kui seaduses ei ole ette nähtud teisiti.
(2) Kohtule esitatud ja menetlusosalistele edastatud avaldusi, taotlusi ja muid dokumente loetakse kohtuistungil ette üksnes juhul, kui asjas omab tähendust etteloetava avalduse sõnastus või kui kohus peab seda muul põhjusel vajalikuks. Muul juhul üksnes viidatakse dokumentidele.

§ 350. Menetluskonverentsina peetav kohtuistung

(1) Kohus võib korraldada istungi menetluskonverentsina selliselt, et menetlusosalisel või tema esindajal või nõustajal on võimalik viibida istungi ajal muus kohas ja teha sealt reaalajas menetlustoiminguid.
(2) Käesoleva paragrahvi lõikes 1 nimetatud viisil võib kuulata üle ka eemalviibiva tunnistaja või eksperdi ning eemalviibiv menetlusosaline võib esitada neile küsimusi.
(3) Menetluskonverentsina korraldatud kohtuistungil peab olema tehniliselt turvaliselt tagatud kõigi menetlusosaliste õigus esitada avaldusi ja taotlusi ning võtta seisukoht teiste menetlusosaliste avalduste ja taotluste suhtes, samuti muud kohtuistungi tingimused nii pildi kui heli reaalajas ülekandmisel eemaloleva menetlusosalise juurest kohtule ja vastupidi. Poolte ja tunnistaja nõusolekul, hagita menetluses üksnes tunnistaja nõusolekul, võib tunnistajat menetluskonverentsi korras üle kuulata ka telefoni teel.
(4) Justiitsminister võib kehtestada täpsemaid tehnilisi nõudeid kohtuistungi menetluskonverentsina pidamisele.

§ 351. Asjaolude väljaselgitamine kohtuistungil

(1) Kohus arutab menetlusosalistega vaidlusaluseid asjaolusid ja suhteid vajalikus ulatuses nii faktilisest kui õiguslikust küljest.
(2) Kohus võimaldab pooltel esitada kõigi asjasse puutuvate asjaolude kohta õigel ajal ja täielikult oma seisukoha.
(3) Kui pool ei ole võimeline arvamust avaldama seisukoha või kahtluse suhtes, millele on kohus tähelepanu juhtinud, võib kohus määrata talle tähtaja seisukoha esitamiseks.

§ 352. Kohtuistungi aja muutmine ja asja arutamise edasilükkamine

(1) Mõjuval põhjusel võib kohus istungiaja tühistada või seda muuta, samuti istungi edasi
lükata. Asja lõpuni arutamata jätmine kohtuistungil on lubatud üksnes põhjusel, mis takistab asja istungil lõpuni arutamist.
(2) Kohus ei lükka asja arutamist edasi põhjusel, et pool ei saa isiklikult kohtuistungil osaleda, kui kohtuistungil on tema esindaja ja kohus ei ole kohustanud poolt isiklikult istungile ilmuma. Asja arutamise edasilükkamise aluseks ei ole asjaolu, et sellel ei osale iseseisva nõudeta kolmas isik.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kohus määrab käesoleva paragrahvi lõikes 1 sätestatud juhul võimaluse korral kohe uue istungi menetluse jätkamiseks. Uus istung asja arutamise jätkamiseks korraldatakse menetlusosaliste arvamust mõistlikult arvestades võimalikult kiiresti.
(4) Asja läbivaatamise edasilükkamise korral võib kohus ära kuulata istungile ilmunud menetlusosaliste seletused ning kuulab ära tunnistaja ütlused ja eksperdi arvamuse, eelkõige kui neil isikutel ei ole võimalik ilmuda hilisemale kohtuistungile ülemääraste kulutusteta või kui see on neile muul viisil ebasobiv. Kui nende isikute ärakuulamisega on tingimata seotud muude tõendite uurimine või mõni muu toiming, tehakse ka see toiming.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Kui asja arutamine lükatakse maakohtus poolte nõusolekuta edasi kauemaks kui kolm kuud, võib pool esitada määruse peale määruskaebuse, kui ta leiab, et asja arutamine on edasi lükatud põhjendamatult pikaks ajaks. Ringkonnakohtu määruse peale määruskaebuse kohta ei saa Riigikohtule edasi kaevata.
(6) Kohtuistungi või muu menetlustoimingu edasilükkamise taotluse lahendab kohus viivitamata ja võimaluse korral enne kohtuistungit või muu menetlustoimingu tegemist ning teavitab sellest viivitamata menetlusosalisi.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

9. osa MENETLUSE PEATUMINE JA PEATAMINE

§ 353. Menetluse peatumine füüsilisest isikust poole surma või juriidilisest isikust poole lõppemise korral

(1) Füüsilisest isikust poole surma või juriidilisest isikust poole lõppemise korral peatub üldõigusjärgluse puhul menetlus, kuni seda jätkab poole üldõigusjärglane või menetluse jätkamiseks õigustatud muu isik. Pärija ei ole kohustatud menetlust jätkama enne pärandi vastuvõtmist või vastuvõtmisest loobumiseks ettenähtud tähtaja möödumist.
(2) Käesoleva paragrahvi lõikes 1 nimetatud juhul menetlus ei peatu, kui poolt esindab menetluses lepinguline esindaja. Sel juhul peatab kohus menetluse esindaja või vastaspoole taotlusel.
(3) Kui üldõigusjärglane viivitab menetluse peatumise või peatamise puhul menetluse jätkamisega, kutsub kohus vastaspoole avalduse alusel õigusjärglast üles jätkama menetlust kohtu määratud tähtaja jooksul ja asja arutamises osalema. Kutse toimetatakse koos avaldusega kätte õigusjärglasele. Käesoleva paragrahvi lõikes 2 sätestatud juhul toimetatakse kutse kätte nii õigusjärglasele kui esindajale.
(4) Kui üldõigusjärglane käesoleva paragrahvi lõikes 3 nimetatud juhul kohtuistungile ei ilmu, loetakse väidetav õigusjärglus vastaspoole avalduse alusel tema poolt omaksvõetuks ja asja arutamist jätkatakse.

§ 354. Menetluse peatumine tsiviilkohtumenetlusteovõime kaotuse tõttu

(1) Kui pool kaotab tsiviilkohtumenetlusteovõime või kui tema seaduslik esindaja sureb või seadusliku esindaja esindusõigus lõpeb, ilma et pool oleks muutunud teovõimeliseks, peatub menetlus, kuni seaduslik esindaja või uus seaduslik esindaja teatab kohtule enda määramisest.
(2) Käesoleva paragrahvi lõikes 1 nimetatud juhul menetlus ei peatu, kui poolt esindab menetluses lepinguline esindaja. Sel juhul peatab kohus menetluse esindaja või vastaspoole taotlusel.
(3) Kui seaduslik esindaja on käesoleva paragrahvi lõikes 1 või 2 sätestatud juhul määratud, kuid ta ei teata määramisest kohtule ja vastaspool teatab kohtule oma soovist menetlust jätkata, jätkub menetlus, kui kohus on teate seaduslikule esindajale kätte toimetanud.

§ 355. Menetluse peatamine mõjuval põhjusel

Kohus võib poolest tuleneval mõjuval põhjusel menetluse peatada kuni põhjuse äralangemiseni. Poole raske haigestumise korral võib menetluse peatada kuni poole tervenemiseni, kui haigus ei ole krooniline.

§ 356. Menetluse peatamine teise menetluse tõttu

(1) Kui otsus sõltub täielikult või osaliselt sellise õigussuhte olemasolust või puudumisest, mis on teise käimasoleva kohtumenetluse ese või mille olemasolu peab tuvastama haldusmenetluses või muus kohtumenetluses, võib kohus peatada menetluse kuni teise menetluse lõppemiseni.
(2) Kohus võib menetluse peatada Riigikohtu menetluses oleva põhiseaduslikkuse järelevalve asja lahendamise ajaks kuni Riigikohtu otsuse jõustumiseni, kui see võib mõjutada tsiviilasjas kohaldamisele kuuluva õigustloova akti kehtivust.
(3) Kui kohus taotleb asjas tõusetunud küsimuses Euroopa Kohtult eelotsust, peatab kohus menetluse kuni Euroopa Kohtu lahendi jõustumiseni.
[RT I 2006, 31, 235 - jõust. 01.09.2006]

§ 357. Abielu lahutamise menetluse peatamine

(1) Kohus peatab abielu lahutamise menetluse, kui võib arvata, et abielu saab säilitada. Kohus ei peata menetlust, kui abikaasad on pikemat aega elanud eraldi ja kumbki neist menetluse peatamisega ei nõustu.
(2) Kui menetlus peatatakse käesoleva paragrahvi lõikes 1 nimetatud alusel, juhib kohus poolte tähelepanu leppimise võimalusele ja võimalusele saada nõu perenõustajalt.
(3) Menetluse võib käesoleva paragrahvi lõikes 1 nimetatud põhjusel peatada ühe korra kuni kuueks kuuks.

§ 358. Menetluse peatumise ja peatamise tagajärjed

(1) Menetluse peatumise või peatamise korral katkeb kõigi menetlustähtaegade kulgemine ja peatumise või peatamise lõppemisel algab tähtaja kulgemine täies ulatuses uuesti.
(2) Menetluse peatumise või peatamise aja kestel tehtud menetlustoimingud on tühised. See ei takista hagi tagamist ega eeltõendamismenetluse läbiviimist tõendite tagamiseks.
(3) Menetluse peatumine pärast asja arutamise lõpetamist ei takista menetluses otsuse avalikult teatavakstegemist.
[RT I 2005, 39, 308 - jõust. 01.01.2006]

§ 359. Menetluse peatamine poolte ühisel taotlusel või mõlema poole puudumisel kohtuistungilt

(1) Kohus võib menetluse peatada poolte ühisel taotlusel, kui võib eeldada, et see on otstarbekas pooleliolevate kompromissiläbirääkimiste tõttu või muul mõjuval põhjusel, samuti mõlema poole puudumisel kohtuistungilt.
(2) Menetluse peatamine käesoleva paragrahvi lõikes 1 nimetatud alusel ei mõjuta menetlustähtaegade kulgemist.

§ 360. Menetluse peatamise määrus ja selle peale edasikaebamine

(1) Kohus peatab menetluse määrusega.
(2) Maakohtu või ringkonnakohtu menetluse peatamise määruse peale võib esitada määruskaebuse. Maakohtu määruse peale esitatud määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.

§ 361. Menetluse uuendamine

(1) Kohus uuendab peatunud või peatatud menetluse poole taotlusel või omal algatusel määrusega pärast seda, kui menetluse peatamise aluseks olnud asjaolud on ära langenud. Kui menetlus peatati mõlema poole puudumise tõttu kohtuistungilt, uuendatakse menetlus üksnes poole taotlusel.
(2) Käesoleva seadustiku §-s 356 sätestatud juhul võib menetluse uuendada muu hulgas juhul, kui teine menetlus, mille tõttu menetlus peatati, venib ülemäära ja peatatud asja on võimalik lahendada.
(3) Menetlus loetakse uuendatuks uuendamise määruse pooltele kättetoimetamisega. (4) Uuendatud menetlus jätkub sealt, kus see pooleli jäi.

10. osa HAGIMENETLUS

39. peatükk ASJA ALGATAMINE

§ 362. Hagi esitamine

(1) Hagi esitamise ajaks on hagi kohtusse jõudmise aeg. See kehtib üksnes juhul, kui hagi on kostjale hiljem kätte toimetatud.
(2) Käesoleva paragrahvi lõikes 1 sätestatu kehtib ka muu avalduse või taotluse kohtule esitamise kohta, kui seadusest ei tulene teisiti. Kohtuistungil esitatud nõue või taotlus loetakse esitatuks ajal, kui see avaldatakse kohtuistungil.
(3) Käesoleva paragrahvi lõigetes 1 ja 2 sätestatut kohaldatakse nii hagi esitamisega seotud menetlusõiguslike kui ka materiaalõiguslike tagajärgede hindamisel, muu hulgas tähtaja järgimise ning tähtaja kulgemise katkemise ja peatumise hindamisel.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 363. Hagiavalduse sisu

(1) Hagiavalduses märgitakse lisaks menetlusdokumentide muudele andmetele:
1) hageja selgelt väljendatud nõue (hagi ese);
2) hagi aluseks olevad faktilised asjaolud (hagi alus);
3) tõendid, mis kinnitavad hagi aluseks olevaid asjaolusid, viidates konkreetselt, millist asjaolu millise tõendiga tõendada soovitakse;
4) kas hageja on nõus asja kirjaliku menetlemisega või soovib asja läbivaatamist kohtuistungil;
5) hagihind, kui hagi ei ole suunatud kindla rahasumma maksmisele.
(2) Kui hageja soovib hagi menetleda dokumendimenetluses (§ 406), tuleb seda hagis märkida.
(21) Kui hageja ei ole nõus hagile vastamata jätmise korral tagaseljaotsuse tegemisega käesoleva seadustiku § 407 kohaselt, tuleb seda hagis märkida.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(3) Kui hagejat esindab menetluses esindaja, tuleb hagis märkida ka esindaja andmed. Kui hageja soovib menetluses kasutada tõlgi abi, tuleb seda hagiavalduses märkida ja võimaluse korral esitada tõlgi andmed.
(4) Kui hagi esitatakse muusse kohtusse kui kostja üldise kohtualluvuse järgsesse kohtusse, peab hagi esitamist sellele kohtule põhjendama.
(5) Abielulahutuse hagiavalduses märgitakse lisaks käesoleva paragrahvi lõikes 1 nimetatud andmetele ka abikaasade ühiste alaealiste laste nimed, sünniajad, kes lapsi ülal peab ja kasvatab, kelle juures lapsed elavad ning ettepanek vanemaõiguste ja laste kasvatamise edasiseks korraldamiseks.
(6) Kui hageja või kostja on avalikku registrisse kantud juriidiline isik, lisatakse hagile registrikaardi ärakiri, registri väljavõte või registreerimistunnistus, kui kohtul ei ole võimalik registrist seda ise kontrollida. Muu juriidilise isiku kohta esitakse muud tõendid isiku olemasolu ja õigusvõime kohta.

§ 364. Hagi vara nimekirja esitamiseks ja aruande või kinnituse andmiseks

(1) Hageja võib hagiavalduses nõuda varakogumi väljaandmiseks või vara seisu kohta teavet andma kohustatud kostjalt vara nimekirja esitamist.
(2) Hageja võib nõuda vara valitsemisega seotud sissetulekute või kulude kohta aru andma kohustatud kostjalt korrastatud arvestuse esitamist sissetulekute või kulude kohta ja sellega seotud dokumentide ja muude tõendite esitamist.
(3) Kui hagejal on käesoleva paragrahvi lõikes 1 nimetatud nimekirjas või käesoleva paragrahvi lõikes 2 nimetatud arvestuses märgitud andmete suhtes põhistatud kahtlus, et see ei ole õigesti või piisavalt hoolsalt koostatud, võib ta nõuda kostjalt ka vande andmist arvestuse või nimekirja õigsuse kohta kostjale teadaolevate andmete kohaselt. Vande andmine toimub vande all seletuse andmiseks ettenähtud korras.
(4) Kui hageja esitab hagi nii raha saamiseks või muu teo tegemiseks kui ka sellega seotud vara nimekirja või arvestuse esitamiseks sissetulekute või kulude kohta või vande andmiseks, võib hageja jätta oma raha maksmisele või muu teo tegemisele suunatud nõude nimekirja või
arvestuse esitamiseni või kinnituse andmiseni või selle nõude suhtes osaotsuse tegemiseni täpselt määratlemata.

§ 365. Tähtaja määramise ja kahju hüvitamise täiendavad nõuded

(1) Hageja võib hagiavalduses nõuda, et kohus annaks koos hagis taotletava kohustuse täitmise või teo tegemisega kostjale otsuses selle täitmiseks tähtaja.
(2) Kui hagejal on käesoleva paragrahvi lõikes 1 nimetatud tähtaja möödumisel õigus nõuda kohustuse rikkumisega tekitatud kahju hüvitamist või leping lõpetada, võib hageja hagiavalduses taotleda samas otsuses ka kahju hüvitise suuruse määramist ja lepingu lõpetatuks lugemist.

§ 366. Mittevaralise kahju hüvitamise hagi

Mittevaralise kahju hüvitamise hagis võib nõutava hüvitise summa hagis märkimata jätta ja taotleda õiglast hüvitist kohtu äranägemisel.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 367. Viivisenõuded kõrvalnõudena

Viivisenõude võib koos põhinõudega esitada hagis selliselt, et taotletakse viivise, mis ei ole hagi esitamise ajaks veel sissenõutavaks muutunud, väljamõistmist kohtult mitte kindla summana, vaid täielikult või osaliselt protsendina põhinõudest kuni põhinõude täitmiseni. Eelkõige võib viivist nõuda selliselt, et kohus mõistaks selle välja kindla summana kuni otsuse tegemiseni ja edasi protsendina põhinõudest.
[RT I 2008, 28, 180 - jõust. 15.07.2008]

§ 368. Tuvastushagi

(1) Hageja võib esitada hagi õigussuhte olemasolu või puudumise tuvastamiseks, kui tal on sellise tuvastamise vastu õiguslik huvi.
(2) Täitemenetluses täitedokumendi tõlgendamise üle vaidluse tekkimise korral võib sissenõudja või võlgnik esitada hagi teise poole vastu nõudega tuvastada, kas täitedokumendist tuleneb hagejale mingi konkreetne õigus või kohustus. Sellise nõudega tuvastushagi võib esitada täitedokumendi selgitamiseks ka muul juhul, kui täitedokumendi täitmise või toime üle on menetlusosaliste vahel tekkinud vaidlus.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 369. Hagi esitamine enne nõude sissenõutavaks muutumist

Tulevase nõude täitmise hagi võib esitada juhul, kui on alust eeldada, et võlgnik kohustust õigel ajal ei täida. Sel alusel saab muu hulgas esitada hagi ka kinnistu või ruumi vabastamiseks tulevikus, kui nõude täitmine on seotud kindla tähtpäevaga, samuti nõuda pärast hagi esitamist sissenõutavaks muutuvate korduvate kohustuste täitmist tulevikus.

§ 370. Nõuete paljusus hagis

(1) Hageja võib ühes hagis esitada kostja vastu mitu erinevat nõuet ja neid võib koos menetleda, kui kõik esitatud nõuded alluvad menetlevale kohtule ning lubatud on sama menetluse liik. Sama kehtib ka erinevatel asjaoludel põhinevate nõuete kohta.
(2) Hagis võib esitada mitu alternatiivset nõuet, samuti mitu nõuet selliselt, et hageja palub rahuldada mõne nõude üksnes juhul, kui esimest nõuet ei rahuldata.

§ 371. Hagi menetlusse võtmisest keeldumise alused

(1) Kohus ei võta hagiavaldust menetlusse, kui:
1) kohus ei ole pädev asja lahendama;
2) hagi ei allu sellele kohtule;
3) kohtusse pöördunud huvitatud isik ei ole kinni pidanud seda liiki asjade eelnevaks kohtuväliseks lahendamiseks seadusega sätestatud kohustuslikust korrast;
4) on olemas jõustunud Eesti kohtu otsus või menetluse lõpetamise määrus, samuti Eestis tunnustamisele kuuluv välisriigi kohtu lahend või jõustunud lahend kohtueelses menetluses, muu hulgas õiguskantsleri kinnitatud kokkulepe, mis on tehtud vaidluses samade poolte vahel sama eseme kohta samal alusel ja mis välistab samas asjas uue kohtusse pöördumise;
5) kohtu menetluses on samade poolte vahel asi sama eseme kohta samal alusel;
6) üüri- või töövaidluskomisjoni või muu seadusega sätestatud kohtueelses menetluses, milles võib teha otsuse täitedokumendina, on samade poolte vahel asi sama nõude kohta samal alusel;
7) samade poolte vahel on sama eseme kohta samal alusel vahekohtumenetluses tehtud kehtiv lahend või kui toimub vahekohtumenetlus sellises asjas;
8) pooled on sõlminud lepingu vaidluse andmiseks vahekohtu lahendada, välja arvatud juhul, kui hagis on vaidlustatud vahekohtukokkuleppe kehtivust;
9) hagiavaldusel ei ole pädeva isiku allkirja või kui on rikutud muid olulisi hagiavalduse vorminõudeid;
10) hagiavalduses esitatud nõudelt ei ole tasutud riigilõivu;
11) hagiavalduses esitatud andmed hageja või kostja kohta ei võimalda isiku tuvastamist;
12) õigustatud isiku nimel hagiavalduse esitanud isik ei ole tõendanud oma esindusõiguse olemasolu.
(2) Kohus võib jätta hagiavalduse menetlusse võtmata, kui:
1) hageja õiguste rikkumine ei ole hagi alusena toodud faktilistele asjaoludele tuginedes üldse võimalik, eeldades hageja esitatud faktiliste väidete õigsust;
2) hagi ei ole esitatud hageja seadusega kaitstud õiguse ega huvi kaitseks või eesmärgil, millele riik peaks andma õiguskaitset, või kui hagiga ei ole hageja taotletavat eesmärki võimalik saavutada.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 372. Hagi menetlusse võtmise otsustamine

(1) Kohus lahendab hagiavalduse menetlusse võtmise või sellest keeldumise või tähtaja määramise puuduste kõrvaldamiseks määrusega mõistliku aja jooksul.
(2) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kohus võib vajaduse korral küsida kostja seisukohta hagi menetlusse võtmise lahendamiseks ja pooled ära kuulata. Sel juhul lahendab kohus hagi menetlusse võtmise viivitamata pärast seisukoha saamist või ärakuulamist.
(4) Hagiavalduse menetlusse võtmisest keeldumise määruses tuleb märkida menetlusse võtmisest keeldumise põhjus. Kui kohus keeldub hagiavaldust menetlusse võtmast, ei toimeta
kohus avaldust kostjale kätte, vaid tagastab selle koos lisadega ja asja menetlusse võtmisest keeldumise määrusega hagejale.
(5) Hagiavalduse menetlusse võtmisest keeldumise määruse peale võib hageja esitada määruskaebuse. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata, kui hagi ei võetud menetlusse käesoleva seadustiku § 371 lõike 1 punktides 9, 11 ja 12 nimetatud alustel.
(6) Kui kohus keeldub hagiavaldust menetlusse võtmast ja tagastab selle määrusega, loetakse, et avaldust ei ole esitatud ja et hagi ei ole olnud kohtu menetluses.
(7) Kui asi ei allu kohtule, kuhu hagi esitati, kohaldatakse menetlusse võtmisest keeldumisel käesoleva seadustiku §-s 75 sätestatut.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(8) Kui kohus leiab, et avalduse lahendamine kuulub halduskohtu pädevusse, ja halduskohus on eelnevalt samas asjas leidnud, et see ei kuulu tema pädevusse, esitab kohus viivitamata asja lahendamiseks pädeva kohtu määramiseks taotluse Riigikohtu tsiviil- ja halduskolleegiumi vahelisele erikogule, teavitades sellest menetlusosalisi.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 373. Vastuhagi esitamine

(1) Kostjal on õigus esitada kuni eelmenetluse lõppemiseni või kirjalikus menetluses taotluste esitamise tähtaja möödumiseni hageja vastu oma protsessuaalne nõue ühiseks läbivaatamiseks põhihagiga (vastuhagi), kui:
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
1) vastuhagi on suunatud põhihagi tasaarvestamisele;
2) vastuhagi rahuldamine välistab täielikult või osaliselt põhihagi rahuldamise;
3) vastuhagi ja põhihagi vahel on muu vastastikune seos ning nende ühine läbivaatamine võimaldab asja õiget ja kiiremat läbivaatamist.
(2) Vastuhagi käesoleva paragrahvi lõikes 1 märgitust hilisema esitamise korral võetakse see ühisesse menetlusse põhihagiga üksnes juhul, kui vastuhagi õigeaegselt esitamata jätmiseks oli mõjuv põhjus ja vastuhagi ühisesse menetlusse võtmine on kohtu arvates asja lahendamise huvides.
(3) Vastuhagi avaldusele kohaldatakse hagiavalduse kohta sätestatut. Kui vastuhagina esitatud hagi ei võeta vastuhagina menetlusse, võetakse see menetlusse eraldi hagina, kui vastuhagi esitaja ei ole taotlenud, et hagi menetletaks üksnes vastuhagina.

§ 374. Hagide liitmine

Kui kohtu menetluses on ühel ajal mitu üheliigilist hagi, milles on samad pooled või mille on esitanud üks hageja erinevate kostjate vastu või mille on esitanud mitu hagejat sama kostja vastu, võib kohus liita hagid ühte menetlusse, kui nõuded on õiguslikult omavahel seotud või need
nõuded oleks võinud esitada ühes hagimenetluses ja nende ühine menetlemine võimaldab nende kiiremat lahendamist või lihtsustab nende menetlemist.

§ 375. Haginõuete eraldamine

(1) Kui kohus leiab, et ühes hagiavalduses esitatud nõuete või hagi ja vastuhagi eraldi arutamine võimaldab asja kiiremat läbivaatamist või lihtsustab menetlust oluliselt või kui hagid on liidetud põhjendamatult, võib ta määrusega eraldada nõuded iseseisvaks menetluseks.
(2) Kohus võib hagide eraldamise tühistada, kui selgub, et eraldamine ei olnud põhjendatud. [RT I 2005, 39, 308 - jõust. 01.01.2006]

§ 376. Hagi muutmine

(1) Pärast hagi menetlusse võtmist ja kostjale kättetoimetamist võib hageja muuta hagi eset või alust üksnes kostja või kohtu nõusolekul. Kostja nõusolekut eeldatakse, kui ta ei esita hagi muutmisele viivitamata vastuväidet.
(2) Kohus nõustub hagi muutmisega üksnes mõjuval põhjusel, eelkõige kui senises menetluses esitatud faktiväited ja tõendid võimaldavad muudetud hagi lahendada eeldatavasti kiiremini ja säästlikumalt.
(3) Hagi muutmise avaldusele kohaldatakse hagiavalduse kohta sätestatut. Eelmenetluses hageja poolt hagiga seotud uute asjaolude esitamisel eeldatakse, et hageja täiendab nendega hagi alust.
(4) Hagi muutmiseks ei peeta:
1) esitatud faktiliste või õiguslike väidete täiendamist või parandamist, ilma et muudetaks hagi aluseks olevaid põhilisi asjaolusid;
2) hageja põhinõude või kõrvalnõuete suurendamist, vähendamist, laiendamist või kitsendamist;
3) esialgu nõutud eseme asemel asjaolude muutumise tõttu teise eseme või muu hüve nõudmist.
(5) Kohus võib nõuda hagiavalduse teksti tervikuna esitamist, kui hagi on selle korduva muutmise tõttu või muul põhjusel ebaülevaatlik ja hagiavalduse teksti terviklik esitamine lihtsustab asja menetlemist.
(6) Käesoleva paragrahvi lõikes 4 nimetatud taotluse või täienduse võib hageja esitada ka hagiavaldusele vastavas vormis avaldust esitamata, muu hulgas suuliselt kohtuistungil. [RT I 2008, 59, 330 - jõust. 01.01.2009]

40. peatükk HAGI TAGAMINE

§ 377. Hagi tagamise alus

(1) Kohus võib hageja taotlusel hagi tagada, kui on alust arvata, et tagamata jätmine võib raskendada kohtuotsuse täitmist või selle võimatuks teha. Kui kohtuotsust tuleb ilmselt täita mujal kui Euroopa Liidu liikmesriigis ja välislepingu alusel ei ole tagatud Eesti kohtuotsuste
täitmine, loetakse, et hagi tagamata jätmine võib raskendada kohtuotsuse täitmist või selle võimatuks teha.
(2) Sellise hagi tagamiseks, mille esemeks ei ole rahaline nõue kostja vastu, võib kohus hageja taotlusel esialgselt reguleerida vaidlusalust õigussuhet, eelkõige asja kasutusviisi, kui see on vajalik olulise kahju või omavoli vältimiseks või muul põhjusel. Seda võib teha sõltumata sellest, kas on alust arvata, et hagi tagamata jätmine võib raskendada kohtuotsuse täitmist või teha selle võimatuks. Käesoleva seadustiku § 378 lõikes 3 nimetatud abinõusid võib kohus rakendada ka omal algatusel.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Tagada võib ka hagi, milles on esitatud tulevane või tingimuslik nõue, samuti tuvastushagi. Tingimuslikku nõuet ei tagata, kui tingimus ei saabu eeldatavasti menetluse aja kestel.
(4) Ringkonnakohus ja Riigikohus lahendavad hagi tagamise ja hagi tagamise määruse muutmise ja tühistamise taotlused, kui asi, millega seoses taotletakse hagi tagamist või tagamise tühistamist või muutmist, on nende menetluses või kui neile on esitatud alama astme kohtu lahendi peale kaebus.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Hagi tagamise abinõu võib rakendada ka sama hageja mitme nõude tagamiseks sama kostja vastu.

§ 378. Hagi tagamise abinõud

(1) Hagi tagamise abinõud on:
1) kostjale kuuluvale kinnisasjale, laevale või õhusõidukile kohtuliku hüpoteegi seadmine;
2) kostja või teise isiku valduses oleva kostjale kuuluva vara arestimine ning selle alusel käsutuskeelu nähtavaks tegeva keelumärke kandmine kinnistusraamatusse või muu käsutuskeeldu nähtavaks tegeva kande tegemine muusse vararegistrisse;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
3) kostjal teatud tehingute ja toimingute tegemise keelamine, muu hulgas lähenemiskeelu kohaldamine;
4) teisel isikul kostjale vara üleandmise või kostja suhtes muude kohustuste täitmise keelamine, millega võib siduda ka kohustuse anda vara üle kohtutäiturile või maksta raha selleks ettenähtud pangakontole;
[RT I, 31.01.2014, 6 - jõust. 01.04.2014]
5) kostja kohustamine asja kohtutäiturile hoiuleandmiseks;
6) täitemenetluse peatamine, täitemenetluse jätkamise lubamine üksnes tagatise vastu või täitetoimingu tühistamine, kui täitedokument on hagi esitamisega vaidlustatud või kui kolmas isik on esitanud hagi vara arestist vabastamiseks või muul põhjusel sundtäitmise lubamatuks tunnistamiseks;
7) kostjal elukohast lahkumise keelamine, kostja kinnipidamine ja talle aresti määramine;
8) kostja, eelkõige kindlustusandja kohustamine maksete tegemiseks õigusvastaselt kahju tekitamise või kindlustuslepingu asja menetluse kestel ilmselt minimaalselt tasumisele kuuluvate summade ulatuses;
9) kostjal tüüptingimuse kasutamise või tingimuse soovitajal soovitamise peatamine ja soovituse tagasivõtmiseks kohustamine ebamõistlikult kahjustava tüüptingimuse kasutamise lõpetamise
või tingimuse soovitajalt soovitamise lõpetamise ja soovituse tagasivõtmise hagi puhul;
10) kohtu poolt vajalikuks peetud muu abinõu.
(2) Autoriõiguse, autoriõigusega kaasneva õiguse või tööstusomandiõiguse rikkumisele tugineva hagi tagamiseks võib kohus muu hulgas arestida kauba, mille puhul on intellektuaalse omandi õiguse rikkumise kahtlus, või kohustada sellise kauba välja andma, takistamaks kauba käibesse laskmist või turustamist. Kui autoriõiguse, autoriõigusega kaasneva õiguse või tööstusomandiõiguse ärilisel eesmärgil rikkumisest tuleneva hagi tagamiseks taotletakse kostja pangakonto või muu vara arestimist, võib kohus kohustada väljastama panga-, finants- või äridokumente või võimaldama nendega tutvuda.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Abieluasjas, ülalpidamisasjas ja muus perekonnaasjas võib kohus menetluse ajaks reguleerida ka:
1) vanema õigusi ühise lapse suhtes;
2) vanema suhtlemist lapsega;
3) lapse väljaandmist teisele vanemale;
4) seadusest tuleneva ülalpidamiskohustuse täitmist, muu hulgas kohustada kostjat menetluse ajal elatist maksma või selleks tagatist andma;
5) koduse majapidamise esemete ja abikaasade ühise eluaseme kasutamist;
6) abikaasa või lapse isiklikuks kasutamiseks mõeldud asjade väljaandmist või kasutamist;
7) muid abielu ja perekonnaga seonduvaid küsimusi, mille kiire lahendamine on asjaoludest tulenevalt vajalik.
(4) Hagi tagava abinõu valikul tuleb arvestada, et kohaldatav abinõu koormaks kostjat üksnes niivõrd, kuivõrd seda võib pidada hageja õigustatud huvisid ja asjaolusid arvestades põhjendatuks. Rahalise nõudega hagi tagamisel tuleb arvestada hagi hinda.
(5) Kohus võib hagi tagamiseks rakendada üheaegselt mitut abinõu.
(6) Hageja võib käsutada hagi tagamisest talle tulenevaid õigusi, eelkõige võib ta õigusest loobuda või anda nõusoleku sellise tehingu tegemiseks, mis käsutuskeelust tulenevalt oleks keelatud.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 379. Isiku aresti ja elukohast lahkumise keelu kohaldamine

[RT I 2008, 59, 330 - jõust. 01.01.2009]

(1) Hagi tagamise korras võib kohaldada isiku aresti ja elukohast lahkumise keeldu üksnes siis, kui see on vajalik kohtuotsuse täitmise tagamiseks ja muude hagi tagamise abinõudega ei tagataks nõuet ilmselt piisavalt, eelkõige juhul, kui on alust arvata, et isik lahkub välisriiki või toimetab sinna oma vara.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Varalise nõudega hagi tagamiseks võib käesoleva paragrahvi lõikes 1 nimetatud abinõu rakendada üksnes juhul, kui hagihind ületab 32 000 eurot.
[RT I 2010, 22, 108 - jõust. 01.01.2011]
(3) Juriidilise isiku puhul võib käesoleva paragrahvi lõikes 1 nimetatud abinõu rakendada juriidilise isiku juhtorgani liikme suhtes.
(4) Isiku aresti kandmise korraldab kohtumääruse alusel politsei. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Elukohast lahkumise keeld seisneb isiku kohustuses mitte lahkuda oma elukohast kohtu loata kauemaks kui üheks ööpäevaks. Elukohast lahkumise keelu kohaldamiseks kutsub kohus füüsilisest isikust kostja või juriidilisest isikust kostja juhtorgani liikme välja ja võtab temalt selle kohta allkirja.

§ 380. Hagi tagamine avalike ülesannete täitmiseks määratud eseme puhul

Hagi tagamise abinõu ei saa määrata avalik-õiguslikule juriidilisele isikule kuuluva eseme suhtes, mis on vajalik avalike ülesannete täitmiseks või mille võõrandamine on vastuolus avalike huvidega.

§ 381. Hagi tagamise avaldus

(1) Hagi tagamise avaldus peab sisaldama vähemalt järgmisi andmeid:
1) hagi ese ja hagi hind;
2) hagi tagamise aluseks olevad asjaolud;
3) soovitav hagi tagamise abinõu;
4) avalduse vastaspoole andmed;
5) kohtuliku hüpoteegi seadmise taotlemise puhul mitmele asjale korraga, nõude jagunemine erinevate hüpoteegiga koormatud asjade vahel.
(2) Nõuet, mille tagamist soovitakse, ja tagamise aluseks olevaid asjaolusid tuleb hagi tagamise avalduses põhistada.

§ 382. Hagi tagamine hagi esitamata

(1) Kohus võib avalduse alusel tagada hagi ka enne hagi esitamist. Avalduses tuleb põhistada, miks hagi kohe ei esitata. Avaldus esitatakse kohtule, kellele kohtualluvuse sätete kohaselt tuleks esitada hagi.
(2) Kui kohus tagab hagi käesoleva paragrahvi lõikes 1 nimetatud juhul, määrab kohus tähtaja, mille jooksul peab avaldaja hagi esitama. Tähtaeg ei või olla pikem kui üks kuu. Kui hagi määratud tähtaja jooksul ei esitata, tühistab kohus hagi tagamise.
(3) Hagi tagamiseks võib vajaduse korral hagi tagamise abinõu rakendada ka kohus, kelle tööpiirkonnas asub vara, mille suhtes hagi tagamise abinõu rakendamist taotletakse, isegi kui
hagi on esitatud või tuleb esitada mõnda muusse Eesti või välisriigi kohtusse või vahekohtusse. Avalikku registrisse kantud vara suhtes võib hagi tagamise abinõu rakendada ka registri asukoha järgne kohus, laeva suhtes ka kodusadama asukoha järgne kohus.
(4) Käesoleva paragrahvi lõikes 3 nimetatud kohus võib hagi tagamise ka asendada või tühistada, samuti nõuda hagi tagamiseks või tagamise jätkumiseks tagatist.
(5) Seaduses sätestatud juhul võib kohus tagada ka avaldust, mis esitatakse kohtueelse vaidluse lahendamise asutusele.

§ 383. Hagi tagamine tagatise vastu

(1) Kohus võib teha hagi tagamise või tagamise jätkumise sõltuvaks tagatise andmisest vastaspoolele tekkiva võimaliku kahju hüvitamiseks.
(11) Kohus tagab rahalise nõudega hagi üksnes juhul, kui antakse tagatis vähemalt 5 protsendi ulatuses nõudesummalt, kuid mitte vähem kui 32 euro ja mitte rohkem kui 32 000 euro ulatuses. Kui hagi tagamise korras taotletakse kostja aresti või elukohast lahkumise keelamist, antakse tagatis mitte vähem kui 3200 euro ja mitte rohkem kui 32 000 euro ulatuses.
[RT I 2010, 22, 108 - jõust. 01.01.2011]
(12) Kui tagatise nõudmise eeldused on täidetud, võib kohus jätta tagatise siiski täielikult või osaliselt nõudmata või määrata selle tasumise osade kaupa, kui hagejalt ei saa majanduslikel või muudel põhjustel mõistlikult oodata tagatise andmist ja hagi tagamata jätmisega võivad hagejale kaasneda rasked tagajärjed või kui tagatise nõudmine oleks hageja suhtes muul põhjusel ebaõiglane.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Tagatis tuleb anda kohtu määratud tähtpäevaks. Kui tagatist määratud tähtpäevaks ei anta, jätab kohus hagi tagamata või tühistab hagi tagamise.

§ 384. Hagi tagamise avalduse lahendamine

(1) Kohus lahendab hagi tagamise avalduse põhjendatud määrusega hiljemalt avalduse esitamise päevale järgneval tööpäeval. Kohus võib hagi tagamise avalduse lahendada hiljem, kui ta soovib kostja eelnevalt ära kuulata.
(2) Kui hagi tagamise avaldus ei vasta seaduse nõuetele ja puuduse saab ilmselt kõrvaldada, annab kohus avaldajale tähtaja puuduse kõrvaldamiseks. Puuduse õigeaegse kõrvaldamata jätmise puhul jätab kohus hagi tagamise avalduse rahuldamata.
(3) Kostjale ja teistele menetlusosalistele hagi tagamise avalduse läbivaatamisest ei teatata. Kohus võib kostja eelnevalt ära kuulata, kui see on ilmselt mõistlik, eelkõige kui avalduses taotletakse vaidlusaluse õigussuhte esialgset reguleerimist.
(4) Enne kui kohus reguleerib hagi tagamise korras vanema õigusi lapse suhtes või vanema suhtlemist lapsega või kohustab kostjat last välja andma, tuleb ära kuulata vähemalt
kümneaastane laps ja pädev valla- või linnavalitsus. Kui see ei ole võimalik asja kiireloomulisuse tõttu, tuleb nad ära kuulata esimesel võimalusel pärast seda.
(5) Lapse heaolu ohustava asjaolu ilmnemisel võib kohus vaidlusalust õigussuhet esialgselt reguleerida pädeva valla- või linnavalitsuse avalduse alusel või omal algatusel sõltumata hagi tagamise avalduse esitamisest.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 385. Hagi tagamise asendamine raha maksmisega

Rahalise nõudega hagi tagamise määruses ja hagi tagamise määruses isikule aresti kohaldamise või isikul elukohast lahkumise keelu kohaldamise kohta määratakse kindlaks rahasumma, mille maksmisel selleks ettenähtud pangakontole või millises ulatuses pangagarantii esitamisel lõpetatakse hagi tagamise määruse täitmine. Kohus tühistab sel juhul kostja avalduse alusel hagi tagamise abinõu ja asendab selle rahaga või pangagarantiiga. Käesolevas paragrahvis nimetatud juhul ei kohaldata käesoleva seadustiku § 386 lõikes 3 sätestatut.
[RT I, 31.01.2014, 6 - jõust. 01.04.2014]

§ 386. Hagi tagamise abinõu asendamine ja hagi tagamise tühistamine

(1) Poole taotlusel võib kohus määrusega asendada ühe hagi tagamise abinõu teisega.
(2) Asjaolude muutumise korral, eelkõige hagi tagamise aluse äralangemisel või tagatise pakkumisel, või muul seadusega sätestatud alusel võib kohus poole taotlusel hagi tagamise tühistada. Mitterahalise hagi tagamise võib raha maksmise vastu tühistada või muuta üksnes hageja nõusolekul või mõjuval põhjusel.
(3) Hagi tagamise abinõu asendamise või hagi tagamise tühistamise taotlusest teatab kohus teisele poolele. Teisel poolel on õigus esitada kohtule taotluse kohta vastuväiteid.
(4) Kohus tühistab hagi tagamise kohtuotsusega, kui hagi jääb rahuldamata, ja määrusega, kui hagi jäetakse läbi vaatamata või kui asjas menetlus lõpetatakse. Kohus tühistab hagi tagamise ka siis, kui hagi tagamise on otsustanud teine kohus, kui seadusega ei ole sätestatud teisiti.
(5) Kohus võib käesoleva seadustiku § 378 lõikes 3 nimetatud asjaoludel tehtud hagi tagamise määrust muuta või selle tühistada ka omal algatusel.

§ 387. Hagi tagamise määruse edastamine

(1) Kohus saadab hagi tagamise määruse viivitamata hagejale ja toimetab kätte kostjale. Hageja taotlusel võib kohus hagi tagamise määruse kostjale kättetoimetamise edasi lükata.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kui hagi tagamise määruse täitmiseks tuleb hagejal pöörduda kohtutäituri, registripidaja või muu isiku või asutuse poole, tuleb seda hagi tagamise määruses märkida. Kohus saadab hagi tagamise määruse registripidajale või muule asutusele või isikule täitmiseks üksnes hageja taotlusel. Sel juhul täiendavat avaldust registripidajale või muule asutusele või isikule esitada vaja ei ole. Kohus ei edasta ise määrust kohtutäiturile.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Määrus, millega jäetakse hagi tagamata või nõutakse hagejalt tagatise andmist, saadetakse üksnes avaldajale.

§ 388. Kohtuliku hüpoteegi seadmine

(1) Kinnisasjale või laevakinnistusraamatusse kantud laevale või tsiviilõhusõidukite registrisse kantud õhusõidukile kohtuliku hüpoteegi seadmisel annab kohtulik hüpoteek hagi tagamist taotlenud isikule asja koormavate teiste õiguste suhtes samasugused õigused nagu hüpoteek või laevahüpoteek hüpoteegipidajale või õhusõiduki registerpant pandipidajale, kui seadusest ei tulene teisiti.
(2) Hüpoteegisummaks on tagatava nõude summa, mis kantakse kinnistusraamatusse, laevakinnistusraamatusse või tsiviilõhusõidukite registrisse. Kohtulikku hüpoteeki ei seata alla
640-eurose põhinõude puhul, kui on võimalik rakendada kostjat vähem koormavaid hagi tagamise abinõusid.
[RT I 2010, 22, 108 - jõust. 01.01.2011]
(3) Kohtulik hüpoteek kantakse kinnistusraamatusse, laevakinnistusraamatusse või tsiviilõhusõidukite registrisse hageja kasuks tema avalduse ja hagi tagamise määruse alusel. Hageja taotlusel edastab kohus määruse käesoleva seadustiku § 387 lõikes 2 sätestatud korras ise kohtuliku hüpoteegi sissekandmiseks. Hüpoteek tekib sissekandmisega.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kohtutäitur võtab laevale või õhusõidukile kohtuliku hüpoteegi seadmisel laeva või õhusõiduki hagi tagamist taotlenud isiku avaldusel oma järelevalve alla. Sel juhul keelab kohtutäitur täielikult või osaliselt laeva kasutamise ja võib anda laevaga seonduvaid korraldusi.
(5) Kohtuliku hüpoteegi seadmisel mitmele kinnisasjale, laevale või õhusõidukile märgib kohus hagi tagamise määruses iga koormatud asja kohta käiva rahasumma, mille maksmisel selleks ettenähtud kontole või mille ulatuses pangagarantii esitamisel hagi tagamine tühistatakse.
[RT I, 31.01.2014, 6 - jõust. 01.04.2014]
(6) Hagi tagamise tühistamise või hagi tagamise abinõu asendamise korral omandab hüpoteegi kinnisasja, laeva või õhusõiduki omanik. Tema taotlusel kustutatakse kohtulik hüpoteek hagi tagamise tühistamise määruse alusel kinnistusraamatust, laevakinnistusraamatust või tsiviilõhusõidukite registrist.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 389. Vara arestimine

(1) Vara arestimisel ei või kostja arestitud vara käsutada. Muu vallasvara kui laevakinnistusraamatusse kantud laeva või tsiviilõhusõidukite registrisse kantud õhusõiduki arestimisega tekib lisaks arestipandiõigus.
(2) Kohus ei aresti kinnisasja, laevakinnistusraamatusse kantud laeva ega tsiviilõhusõidukite registrisse kantud õhusõidukit alla 640-eurose põhinõude summa puhul, kui on võimalik rakendada kostjat vähem koormavaid hagi tagamise vahendeid.
[RT I 2010, 22, 108 - jõust. 01.01.2011]
(3) Mitme asja arestimisel märgib kohus hagi tagamise määruses iga koormatud asja kohta käiva rahasumma, mille maksmisel selleks ettenähtud kontole või mille ulatuses pangagarantii esitamisel hagi tagamine tühistatakse.
[RT I, 31.01.2014, 6 - jõust. 01.04.2014]
(4) Kinnisasja ja registrisse kantud vallasasja või muu eseme arestimisel kantakse kinnistusraamatusse või muusse registrisse vara käsutamise keelumärge hageja kasuks tema avalduse ja hagi tagamise määruse alusel. Hageja taotlusel edastab kohus määruse käesoleva seadustiku § 387 lõikes 2 sätestatud korras ise keelumärke sissekandmiseks.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Kohus võib hageja või kostja avalduse alusel määrata arestitud eseme müügi ja müügist saadud raha hoiustamise selleks ettenähtud kontol, kui eseme väärtus võib oluliselt langeda või kui eseme hoidmine põhjustaks ülemääraseid kulutusi.
[RT I, 31.01.2014, 6 - jõust. 01.04.2014]
(6) Vara arestimise korraldab kohtutäitur. Kohtutäitur võtab arestitud eseme hagi tagamist taotlenud isiku avalduse alusel oma järelevalve alla. Sel juhul keelab kohtutäitur täielikult või osaliselt eseme kasutamise ja võib anda esemega seonduvaid korraldusi, muu hulgas korraldada eseme hoiustamise.
[RT I 2005, 39, 308 - jõust. 01.01.2006]

§ 390. Määruskaebuse esitamine

(1) Maakohtu või ringkonnakohtu määruse peale, millega kohus hagi tagas, ühe tagamisabinõu teisega asendas või hagi tagamise tühistas, võib pool esitada määruskaebuse. Maakohtu määruse peale esitatud määruskaebuse kohta tehtud ringkonnakohtu määruse peale saab Riigikohtule edasi kaevata üksnes juhul, kui tagatava hagi hind ületab 63 900 eurot või kui tagamisabinõuna kohaldati isiku aresti või elukohast lahkumise keeldu.
[RT I 2010, 22, 108 - jõust. 01.01.2011]
(2) Määruskaebuse esitamine ei peata hagi tagamise määruse täitmist. Määruskaebuse esitamine hagi tagamise tühistamise või ühe tagamisabinõu teisega asendamise määruse peale peatab määruse täitmise.

§ 391. Hagi tagamisega tekitatud kahju hüvitamine

(1) Hagi tagamist taotlenud pool peab hüvitama hagi tagamisega teisele poolele tekitatud kahju, kui:
1) jõustub kohtulahend, millega jäetakse tagatud hagi rahuldamata või läbi vaatamata või kui asjas lõpetatakse menetlus muul alusel kui poolte kompromissi kinnitamisega;
2) ilmneb, et hagi tagamise ajal puudus hagi tagamise nõue või hagi tagamise alus;
3) enne hagi esitamist tehtud hagi tagamise määrus on tühistatud põhjusel, et hagi ei esitatud tähtaegselt.
(2) Hagi tagamisega tekkida võiva kahju hüvitamiseks hagi tagamist taotlenud isikult sissenõutud tagatis tagastatakse hagi tagamist taotlenud poolele, kui teine pool ei ole esitanud hagi kahju hüvitamiseks kahe kuu jooksul käesoleva paragrahvi lõikes 1 nimetatud ajast alates.

41. peatükk EELMENETLUS

§ 392. Eelmenetluse ülesanded

(1) Eelmenetluses selgitab kohus eelkõige välja:
1) hageja nõuded ja menetlusosaliste seisukohad nende nõuete suhtes;
2) menetlusosaliste taotlused ja vajaduse korral teiste menetlusosaliste seisukohad nende suhtes; [RT I 2008, 59, 330 - jõust. 01.01.2009]
3) menetlusosaliste faktilised ja õiguslikud väited esitatud nõuete ja väidete kohta; [RT I 2008, 59, 330 - jõust. 01.01.2009]
4) tõendid, mida menetlusosalised esitavad oma faktiliste väidete põhjendamiseks ja esitatud tõendite lubatavuse kohta;
5) kas asja lahendamine on võimalik kompromissi sõlmimisega või muul viisil määrusega või kirjalikus menetluses;
6) kes on menetlusosalised ning kas ja kuidas neid kohtuistungile kutsuda.
(2) Kui asi tuleb läbi vaadata kohtuistungil, valmistab kohus asja arutamise ette niisuguse põhjalikkusega, et asja saaks katkematult lahendada ühel kohtuistungil.
(3) Eelmenetluse ülesannete täitmiseks võib kohus nõuda menetlusosalistelt selgitusi ja neid küsitleda.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Eelmenetluses kontrollib kohus ka hagi menetlusse võtmise õigsust ja menetluse lubatavuse eeldusi.
(5) Eelmenetluses võib asja lahendada seaduses ettenähtud juhul.

§ 393. Menetlusosalistele hagist teatamine

(1) Kui kohus on hagiavalduse menetlusse võtnud, teatab ta sellest viivitamata menetlusosalistele ning toimetab hagiavalduse ärakirja koos lisadega ja asja menetlusse võtmise määrusega kostjale ja kolmandale isikule kätte.
(2) Kohus teeb kostjale hagi menetlusse võtmisest teatamisel teatavaks:
1) kostja kohustuse hagile kohtu määratud tähtpäevaks kirjalikult vastata;
2) mida vastus hagile peab sisaldama;
3) hagile vastamata jätmise, hagi tunnistamise ja hageja väidetega nõustumise tagajärjed, muu hulgas tagaseljaotsuse tegemise võimaluse kostja kahjuks ja kostja kohustuse kanda menetluskulud;
4) kohtuistungilt puudumise tagajärjed, kui asi vaadatakse läbi kohtuistungil;
5) tõendite kohtu määratud ajaks esitamata jätmise tagajärjed.
(21) Iseseisva nõudeta kolmandale isikule selgitab kohus tema õigust esitada hagi suhtes oma seisukoht kohtu määratud tähtaja jooksul.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Tüüptingimuse kasutamise lõpetamise või tingimuse soovitajalt soovitamise lõpetamise ja soovituse tagasivõtmise hagi puhul kostja vastu, kelle tegevuse üle teostab üldist järelevalvet selleks määratud riigiasutus, edastab kohus hagi ka sellele asutusele kohtule kirjaliku seisukoha andmiseks. Vajaduse korral kuulab kohus asutuse seisukoha ka suuliselt ära.
(4) Kui asja lahendamine võib puudutada paljusid isikuid või kui see võib olla muul põhjusel asja lahendamisel mõistlik, võib kohus edastada hagi seisukoha andmiseks pädevale riigi- või kohaliku omavalitsuse asutusele ka muul kui käesoleva paragrahvi lõikes 3 sätestatud juhul või küsida selle asutuse seisukohta mingi asja lahendamiseks vajaliku küsimuse kohta.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 394. Kostja vastus hagile

(1) Kostja peab esitatud hagile kohtule kirjalikult vastama. (2) Vastuses hagile peab kostja muu hulgas teatama:
1) kas tal on vastuväiteid selle kohta, et kohus asja menetlusse võttis või on alust jätta hagi läbi
vaatamata või asjas menetlus lõpetada, kui kostja ei ole selles osas oma seisukohta juba väljendanud;
2) kas ta võtab hagi õigeks, tunnistades hagiavalduses tema vastu suunatud nõudeid;
3) kõik oma taotlused ja väited ning tõendid iga esitatud faktilise väite tõendamiseks;
4) kas ta soovib esitada vastuhagi;
5) kuidas tuleb kostja arvates jaotada menetluskulud; [RT I 2008, 59, 330 - jõust. 01.01.2009]
6) kas ta on nõus kirjaliku menetlusega või soovib asja läbivaatamist kohtuistungil;
7) kas tema arvates on võimalik asi lahendada kompromissiga või muul viisil kokkuleppel.
(3) Kui kostjat esindab menetluses esindaja, tuleb vastuses märkida ka esindaja andmed. Kui kostja soovib menetluses kasutada tõlki, tuleb seda vastuses märkida ja võimaluse korral esitada tõlgi andmed.
(4) Kui hagiavalduses märgitud kostja andmed on ebaõiged, peab kostja kohtule teatama õiged andmed.
(5) Hagile vastuse esitamise tähtaeg peab olema vähemalt 14 päeva hagi kättetoimetamisest alates, hagi välisriiki kättetoimetamisel vähemalt 28 päeva hagi kättetoimetamisest alates.
(6) Kostja vastuse hagile edastab kohus teistele menetlusosalistele koos hagi vastusele lisatud dokumentide ärakirjadega.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 395. Kostja suuline vastus

Kohus võib lubada kostjal vastata hagile suuliselt kohtuistungil, kui nii võib asja kohtu arvates ilmselt kiiremini lahendada. Kohus kohustab sel juhul kostjat hagi vastuse esitamist istungil piisava põhjalikkusega ette valmistama, määrab istungi aja ning selgitab kostjale istungil vastuse ja muude kaitsevahendite esitamata jätmise võimalikke tagajärgi.

§ 396. Hageja arvamus hagi vastuse kohta

Kohus nõuab hagejalt hagi vastuse kohta kirjalikku arvamust ja annab selleks mõistliku tähtaja, kui see on vajalik asja kiirema ja õigema lahendamise huvides.

42. peatükk KOHTUISTUNG HAGIMENETLUSES

§ 397. Kohtuistungi määramine

Kui asi vaadatakse läbi kohtuistungil, peab ajavahemik hagi kostjale kättetoimetamise ja kohtuistungi toimumise vahel olema vähemalt 30 päeva, dokumendimenetluses vähemalt 14 päeva. Kui kostjale antakse hagile kirjalikult vastamiseks tähtaeg, ei või kohtuistungit määrata enne kostja vastuse saamist ja selle hagejale edastamist või vastamiseks antud tähtaja möödumist.

§ 398. Eelistung

(1) Kohus võib määrata eelmenetluses eelistungina korraldava kohtuistungi, kui kohtu arvates saab nii paremini ette valmistada asja arutamist põhiistungil või kui eelistungil on rohkem väljavaateid lõpetada menetlus kompromissiga või muul viisil kokkuleppel.
(2) Kohus peab asja arutamise istungi eelistungi jätkuna ja lahendab asja sisuliselt, välja arvatud juhul, kui kohus leiab, et asjas tähendust omavad asjaolud ei ole piisavalt välja selgitatud.
(3) Kui asja arutamist ei lõpetata eelistungil, teeb kohus korraldused, mis on veel vajalikud põhiistungi ettevalmistamiseks, ja määrab põhiistungi aja.

§ 399. Asja läbivaatamise kord kohtuistungil

Asi vaadatakse asja arutamiseks määratud kohtuistungil läbi järgmises korras:
1) pooled esitavad eelmenetluses esitamata tõendid, kui kohus seda lubab;
2) hageja esitab oma nõuded;
3) kostja teatab, kas ta tunnistab hagi või vaidleb sellele vastu;
4) menetlusosalised annavad seletused, põhjendades oma seisukohti ja esitades oma vastuväited vastaspoole omade kohta;
5) kohus uurib kõiki vastuvõetud tõendeid;
6) menetlusosalised saavad sõna kohtuvaidluseks.

§ 400. Menetlusosaliste seletused

(1) Kohus kuulab ära hageja ja tema poolel osa võtva kolmanda isiku, kostja ja tema poolel osa võtva kolmanda isiku osas, mis neil on eelmenetluses esitatule lisada. Menetlusosalistel on õigus esitada üksteisele küsimusi.
(2) Menetlusosaline, kes tervise tõttu ei saa anda seletust suuliselt, võib seda teha kirjalikult või muul arusaadaval viisil.
(3) Kohus teeb vajaduse korral teatavaks menetlusosaliste kirjalikud seisukohad. Eelmenetluses antud menetlusosalise seisukoha ja avalduse teeb kohus teatavaks üksnes siis, kui see erineb kohtuistungil esitatust.
(4) Kui kohtuistungil osaleb ainult üks pool, teeb kohus teise poole seisukoha vajaduse korral teatavaks varem esitatu põhjal.
(5) Pärast seletuste ärakuulamist võtab kohus lühidalt kokku seletustes esitatu ja arutab menetlusosalistega seletustes esitatud asjaoludele võimaliku õigusliku hinnangu andmist. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 401. Asja sisulise arutamise lõpetamine

(1) Asja läbivaatav kohus arutab menetlusosalistega pärast tõendite uurimist menetluse seisu ja selle lõpetamise väljavaateid.
(2) Pärast kõigi asjas olevate tõendite uurimist küsib kohus menetlusosalistelt, kas nad soovivad täiendada asja arutamist.
(3) Kui tõendite uurimisel ilmneb asjaolu, mida pool ei saanud varem arvestada, võib kohus anda selle poole taotlusel pooltele täiendavalt aega kohtuvaidluse ettevalmistamiseks.
(4) Kui menetlusosalistel ei ole taotlusi asja sisulise arutamise täiendamiseks või kui kohus jätab taotluse rahuldamata, lõpetab kohus asja sisulise arutamise.

§ 402. Kohtuvaidlus

(1) Pärast asja sisulise arutamise lõpetamist kuulab kohus menetlusosalise soovil ära kohtuvaidluse.
(2) Menetlusosalisel on õigus kohtuvaidluses esineda kohtukõnega, milles ta esitab tema arvates asja lahendamiseks tähtsate asjaolude lühikokkuvõtte. Kohtukõnes võib viidata üksnes asja sisulisel arutamisel esiletoodud asjaoludele ja kohtuistungil uuritud tõenditele.
(3) Kohus võib kohtukõne kestust piirata, tagades kõigile menetlusosalistele võrdse kõneaja. Menetlusosalisele ei või anda kohtukõneks aega vähem kui kümme minutit.
(4) Kohtuvaidluses kõneleb esimesena hageja ja seejärel kostja. Iseseisva nõudega kolmas isik kõneleb pärast pooli. Iseseisva nõudeta kolmas isik kõneleb pärast hagejat või kostjat, kelle poolel ta asjast osa võtab.
(5) Kohus võib määrata käesoleva paragrahvi lõikes 4 sätestatust erineva esinemise järjekorra. (6) Pärast kohtukõnesid võib menetlusosaline vastata teise menetlusosalise kohtukõnele
repliigiga. Repliigi kestus ei või olla üle kolme minuti. Viimase repliigi õigus on kostjal.
(7) Kohtuvaidluses võib menetlusosaline esitada kohtule kohtukõne seisukohad kirjalikult või muul püsival andmekandjal kohtuistungi protokollile lisamiseks.
(8) Pärast kohtuvaidlust läheb kohus otsust tegema, teatades, millal ja mil viisil kohtuotsus avalikult teatavaks tehakse.

43. peatükk LIHTSUSTATUD MENETLUSED

§ 403. Kirjalik menetlus poolte nõusolekul

(1) Poolte nõusolekul võib kohus lahendada asja seda kohtuistungil arutamata. Sel juhul määrab kohus võimalikult kiiresti tähtaja, mille jooksul on võimalik esitada avaldusi ja dokumente, samuti otsuse avalikult teatavakstegemise aja ja teatab neist menetlusosalistele. Määruses tuleb märkida ka asja lahendav kohtunik.
[RT I 2005, 39, 308 - jõust. 01.01.2006]
(2) Pooled võivad käesoleva paragrahvi lõikes 1 nimetatud nõusoleku tagasi võtta üksnes menetlusliku olukorra olulisel muutumisel.
(3) Kui pool ei ole kohtule teatanud, kas ta on nõus kirjaliku menetlusega, eeldatakse, et ta soovib asja läbivaatamist kohtuistungil.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 404. Kirjalik menetlus kohtu määramisel

(1) Varaliselt hinnatava hagi asjas võib kohus määrata kirjaliku menetluse, kui hagihind ei ületa summat, mis arvestatuna põhinõudelt vastab 3200 eurole ja koos kõrvalnõuetega 6400 eurole. [RT I, 29.06.2012, 3 - jõust. 01.07.2012]
(2) Käesoleva paragrahvi lõikes 1 nimetatud juhul määrab kohus avalduste ja dokumentide esitamise tähtpäeva, samuti otsuse avalikult teatavakstegemise aja ning teatab neist menetlusosalistele. Kohus võib määratud tähtpäeva muuta, kui seda tingib menetlusliku olukorra muutumine.
(3) Kohus tühistab kirjaliku menetluse korraldamise, kui tema arvates on poole isiklik ilmumine hagi aluseks olevate asjaolude selgitamiseks möödapääsmatu või kui pool, kellest tulenevalt kirjalik menetlus määrati, taotleb asja lahendamist kohtuistungil. Teise poole taotlusel tuleb tema ära kuulata, sõltumata kirjaliku menetluse määramisest.
[RT I 2005, 39, 308 - jõust. 01.01.2006]

§ 405. Lihtmenetlus

(1) Kohus menetleb hagi oma õiglase äranägemise kohaselt lihtsustatud korras, järgides üksnes käesolevas seadustikus sätestatud üldisi menetluspõhimõtteid, kui tegemist on varalise nõudega hagiga ning hagihind ei ületa summat, mis arvestatuna põhinõudelt vastab 2000 eurole ja koos kõrvalnõuetega 4000 eurole. Muu hulgas võib sellise hagi menetlemisel:
[RT I, 29.06.2012, 3 - jõust. 01.07.2012]
1) protokollida menetlustoiminguid üksnes ulatuses, milles kohus peab seda vajalikuks, ja välistada protokollile vastuväidete esitamise õiguse;
2) määrata tähtaja seaduses sätestatust erinevana;
3) näha menetluskulude suuruse ette juba menetlust lõpetavas kohtulahendis, võimaldades menetlusosalistel esitada eelnevalt oma menetluskulude nimekirjad;
4) tunnustada menetlusosalise lepingulise esindajana ka seaduses nimetamata isikuid;
5) kalduda kõrvale tõendite esitamise ja kogumise vorminõuete kohta seaduses sätestatust ja tunnustada tõendina ka seaduses sätestamata tõendusvahendeid, muu hulgas menetlusosalise seletust, mis ei ole antud vande all;
6) kalduda kõrvale menetlusdokumentide kättetoimetamise ja menetlusosaliste esitatavate dokumentide vorminõuete kohta seaduses sätestatust, välja arvatud hagi kostjale kättetoimetamisel;
7) loobuda kirjalikust eelmenetlusest või kohtuistungist;
8) koguda tõendeid omal algatusel;
9) teha asjas otsuse kirjeldava ja põhjendava osata;
10) tunnistada asjas tehtud lahend viivitamata täidetavaks ka muul juhul, kui on seaduses nimetatud, või ilma seaduses ettenähtud tagatiseta.
(2) Käesoleva paragrahvi lõikes 1 nimetatud juhul tagab kohus menetlusosaliste põhiõiguste ja - vabaduste ning oluliste menetlusõiguste järgimise ning kuulab menetlusosalise tema taotlusel
ära. Selleks ei pea korraldama kohtuistungit.
(3) Kohus võib käesoleva paragrahvi lõikes 1 nimetatud viisil asja menetleda, ilma et selle kohta oleks vaja teha eraldi määrust. Menetlusosalistele tuleb siiski teatada nende õigusest olla kohtu poolt ära kuulatud.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 4051. Euroopa Parlamendi ja nõukogu määruse (EÜ) nr 861/2007 rakendamine

(1) Käesolevas seaduses lihtmenetluse kohta, muu hulgas selles tehtud lahendi peale edasikaebamisel sätestatut, kohaldatakse ka Euroopa Parlamendi ja nõukogu määruse (EÜ) nr
861/2007, millega luuakse Euroopa väiksemate kohtuvaidluste menetlus (ELT L 199,
31.07.2007, lk 1–22), alusel tsiviilasja lahendamisel ulatuses, milles see ei ole reguleeritud nimetatud määruses. Nimetatud määruse alusel võib asja lahendada kohtualluvuse järgi pädev maakohus.
(2) Käesoleva paragrahvi lõikes 1 nimetatud määruse artikli 4 lõike 1 kohaselt võib esitada menetluse algatamise avalduse käesoleva seadustiku §-des 334–336 sätestatud vormis.
(3) Käesoleva paragrahvi lõikes 1 nimetatud määruse artikli 21 lõike 2 punkti b kohaselt
võetakse määruse alusel läbiviidud kohtumenetluses tehtud lahend Eestis täitmisele üksnes juhul, kui see on koostatud eesti või inglise keeles või kui kinnitusele on lisatud eesti- või ingliskeelne tõlge.
(4) Käesoleva paragrahvi lõikes 1 nimetatud määruse alusel tehtud välisriigi kohtulahendi Eestis täitemenetluses täitmisele ja võlgniku õiguskaitsevahenditele kohaldatakse Eestis täitemenetluse kohta sätestatut niivõrd, kuivõrd nimetatud määruses ei ole ette nähtud teisiti.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 406. Dokumendimenetlus

(1) Vekslist ja tšekist tuleneva raha maksmise hagi ning hagi hüpoteegist või laevahüpoteegist või registerpandist tulenevalt sundtäitmise läbiviimiseks menetletakse hageja taotlusel dokumendimenetluses, kui kõiki nõuet tõendavaid asjaolusid saab tõendada dokumentidega ja vajalikud dokumendid on hagile lisatud või hageja esitab need kohtu määratud tähtaja jooksul. [RT I 2009, 30, 178 - jõust. 01.10.2009]
(2) Dokumendimenetluses ei või lisaks käesoleva paragrahvi lõikes 1 sätestatule esitada muid nõudeid ega esitada vastuhagi.
(3) Dokumendimenetluses arvestatakse tõendina üksnes poolte esitatud dokumente ja poolte vande all antud seletusi. Tõendada võib üksnes käesoleva paragrahvi lõikes 1 nimetatud asjaolusid ja dokumendi ehtsust või võltsitust. Muid tõendeid vastu ei võeta ja vastuväiteid ei arvestata.
(4) Vekslist ja tšekist tuleneva kõrvalnõude tõendamiseks piisab nõude põhistamisest.
(5) Hageja taotlusel teeb kohus määruse dokumendimenetluse muutmiseks tavaliseks hagimenetluseks. Hageja võib taotluse esitada kuni kohtuvaidluseni maakohtus või kirjalikus menetluses taotluste esitamise tähtaja möödumiseni. Kohtu määruse alusel jätkub menetlus dokumendimenetluse erisusteta.

44. peatükk KOHTULE VASTAMATA JÄTMISE JA MENETLUSOSALISE KOHTUISTUNGILT PUUDUMISE TAGAJÄRJED

§ 407. Tagaseljaotsuse tegemine hagile vastamata jätmise korral

(1) Kohus võib hageja nõusolekul hagi tagaseljaotsusega rahuldada hagiavalduses märgitud ja asjaoludega õiguslikult põhjendatud ulatuses, kui kostja, kellele kohus on määranud vastamise tähtaja, ei ole tähtaegselt vastanud, isegi kui hagi toimetati kostjale kätte välisriigis või kui see toimetati kätte avalikult. Sel juhul loetakse hageja esitatud faktilised väited kostja poolt omaksvõetuks.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(2) Käesoleva paragrahvi lõikes 1 sätestatud hageja nõusolekut eeldatakse, kui hageja ei ole kohtule teatanud, et ta ei soovi tagaseljaotsuse tegemist.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(3) Tagaseljaotsuse võib käesoleva paragrahvi lõikes 1 nimetatud juhul teha kohtuistungit pidamata.
(4) Kohus ei tee käesoleva paragrahvi lõikes 1 sätestatud alusel tagaseljaotsust abieluasjas ja põlvnemisasjas. Tagaseljaotsuse võib siiski teha ühisvara jagamise asjas või muu abikaasade varalist vahekorda puudutava hagi suhtes, kui asja saab lahendada eraldi muust abieluasjast.
(5) Tagaseljaotsust ei või teha juhul, kui:
1) kostjale anti hagile vastamiseks ilmselt liiga lühike tähtaeg;
2) kostjale ei teatatud hagile vastamata jätmise tagajärgedest;
21) kostja on vastuse esitamise tähtaja jooksul taotlenud riigi õigusabi andmist advokaadi vahendusel vastamiseks;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
22) hagi on ebaõigesti menetlusse võetud, muu hulgas juhul, kui asi ei allu sellele kohtule; [RT I 2008, 59, 330 - jõust. 01.01.2009]
3) kostja on teatanud kohtule mõjuvast põhjusest hagile vastamata jätmiseks ja on seda põhistanud.
(51) Kohus võib keelduda tagaseljaotsuse tegemisest ka juhul, kui hagi toimetati kostjale kätte avaliku kättetoimetamisega ning menetluses tehtavat lahendit soovitakse eeldatavasti tunnustada või täita välisriigis ja hagi avaliku kättetoimetamise tõttu on tõenäoline, et lahendit ei tunnustataks või ei täidetaks.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(6) Kui hageja on nõus tagaseljaotsuse tegemisega, kuid hagi ei ole hagiavalduses märgitud ulatuses ja asjaoludega õiguslikult põhjendatud, teeb kohus otsuse, millega jätab hagi rahuldamata.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]

§ 408. Mõlema poole puudumine kohtuistungilt

Kui kumbki pool ei ilmu kohtuistungile, muu hulgas eelistungile, võib kohus: [RT I 2008, 59, 330 - jõust. 01.01.2009]
1) lahendada asja sisuliselt;
2) jätta hagi läbi vaatamata;
3) menetluse peatada;
4) lükata asja arutamise edasi.

§ 409. Hageja puudumine kohtuistungilt

(1) Kui hageja ei ilmu kohtuistungile, muu hulgas eelistungile, siis kohus kohale ilmunud kostja taotlusel:
[RT I 2008, 59, 330 - jõust. 01.01.2009]
1) jätab hagi läbi vaatamata;
2) teeb hagi õigeksvõtule põhineva otsuse, kui kostja võtab hagi õigeks;
3) lahendab asja sisuliselt;
4) lükkab asja arutamise edasi.
(2) Kui kostja käesoleva paragrahvi lõikes 1 nimetatud taotlust ei esita või kui kohus taotlust ei rahulda, lükkab kohus asja arutamise edasi.
[RT I 2005, 39, 308 - jõust. 01.01.2006]

§ 410. Kostja puudumine kohtuistungilt

Kui kostja ei ilmu kohtuistungile, muu hulgas eelistungile, teeb kohus kohale ilmunud hageja taotlusel kas tagaseljaotsuse, lahendab asja sisuliselt või lükkab asja arutamise edasi. Kui hageja vastavat taotlust ei esita või kui kohus taotlust ei rahulda, lükkab kohus asja arutamise edasi.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 411. Teiste menetlusosaliste kohtuistungilt puudumine

Kui kohtukutse kättetoimetamisest hoolimata ei ilmu kohtusse muu menetlusosaline kui pool, vaadatakse asi läbi temata.

§ 412. Hagi läbivaatamata jätmise piirangud ja menetluse taastamine

(1) Kohus ei jäta hagi läbi vaatamata sõltumata hageja ilmumata jäämisest kohtuistungile, kui:
1) hageja oli nõus kirjaliku menetlusega või hagi läbivaatamisega tema osavõtuta;
2) kohtuistungile ilmumata jäänud hagejat ei kutsutud istungile õigel ajal või kutses ei ole selgitatud istungilt puudumise tagajärgi või kui on eiratud muid istungile kutsumise nõudeid;
3) hageja on teatanud eelnevalt kohtule mõjuvast põhjusest istungile ilmumata jätmiseks ja seda põhistanud;
4) kostja taotleb asja sisulist lahendamist ja asi on võimalik sisuliselt lahendada;
5) kostja on võtnud hagi õigeks.
(2) Kohus võib jätta hagi läbi vaatamata muu hulgas juhul, kui hageja ei ilmunud isiklikult kohtusse, kuigi kohus kohustas teda seda isiklikult tegema, ilma et hageja või tema esindaja
oleks teatanud kohtule mõjuvast põhjusest ilmumata jätmiseks või oleks seda põhistanud. Kohtul on see õigus sõltumata sellest, et istungil osaleb hageja esindaja.
(3) Kui hagi jäeti läbi vaatamata, võib hageja taotleda 14 päeva jooksul, alates hagi läbivaatamata jätmise määruse talle kättetoimetamisest, et sama kohus asja menetluse täielikult või osaliselt taastaks, kui ta põhistab kohtule, et tal oli istungile ilmumata jätmiseks mõjuv põhjus ja et ta ei saanud sellest õigeaegselt kohtule teatada. Kui hagi läbivaatamata jätmise määrus tuleb kätte toimetada väljaspool Eesti Vabariiki või avaliku teatavakstegemisega, võib menetluse taastamist taotleda määruse kättetoimetamisest alates 28 päeva jooksul.
(4) Menetluse taastamiseks ei ole vaja esitada ega põhistada mõjuvat põhjust, kui kohtukutse toimetati hagejale või tema esindajale kätte teisiti kui isiklikult allkirja vastu üleandmisega või kohtuistungil või kui hagi ei võinud jätta läbi vaatamata käesoleva paragrahvi lõikes 1 nimetatud põhjusel.
(5) Menetluse taastamata jätmise määruse peale võib esitada määruskaebuse. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale saab Riigikohtule edasi kaevata üksnes juhul, kui ringkonnakohus jättis määruskaebuse rahuldamata.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(6) Menetluse ebaõigele taastamisele ei saa tugineda hiljem menetluses tehtud lahendile kaevates.
(7) Menetluse taastamise korral jätkub menetlus taastatud osas olukorras, milles see oli enne hagi läbivaatamata jätmist.

§ 413. Tagaseljaotsuse tegemine kostja kohtuistungile ilmumata jäämise korral

(1) Kui hageja taotleb kohtuistungile ilmumata jäänud kostja vastu tagaseljaotsuse tegemist, teeb kohus hageja kasuks tagaseljaotsuse tingimusel, et hagi on hagiavalduses märgitud ulatuses ja asjaoludega õiguslikult põhjendatud. Sel juhul loetakse hageja esitatud faktilised väited kostja poolt omaksvõetuks. Kui hagi ei ole õiguslikult põhjendatud, teeb kohus otsuse, millega jätab
hagi rahuldamata.
(2) Kohus võib tagaseljaotsuse teha muu hulgas juhul, kui kostja ei ilmunud isiklikult kohtusse, kuigi kohus kohustas teda seda isiklikult tegema, ilma et kostja või tema esindaja oleks teatanud kohtule mõjuvast põhjusest ilmumata jätmiseks või oleks seda põhistanud. Kohtul on see õigus sõltumata sellest, et istungil osaleb kostja esindaja.
(3) Kohus ei tee tagaseljaotsust, kui:
1) kohtuistungile ilmumata jäänud kostjat ei kutsutud istungile õigel ajal või kutses ei ole selgitatud istungilt puudumise tagajärgi või kui on eiratud muid istungile kutsumise nõudeid;
2) kostja on teatanud kohtule mõjuvast põhjusest kohtuistungile ilmumata jätmiseks ja on seda põhistanud;
3) kostja oli nõus asjas kirjaliku menetlusega või asja lahendamisega tema osavõtuta.
(31) Kohus võib keelduda tagaseljaotsuse tegemisest ka juhul, kui kohtukutse toimetati kostjale kätte avaliku kättetoimetamisega ning menetluses tehtavat lahendit soovitakse eeldatavasti tunnustada või täita välisriigis ja kohtukutse avaliku kättetoimetamise tõttu on tõenäoline, et lahendit ei tunnustataks või ei täidetaks.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kohus ei tee tagaseljaotsust abieluasjas ja põlvnemisasjas. Tagaseljaotsuse võib siiski teha ühisvara jagamise asjas või muu abikaasade varalist vahekorda puudutava hagi suhtes, kui asja saab lahendada eraldi muust abieluasjast.

§ 414. Asja sisuline lahendamine poole osavõtuta

(1) Kui pooled või üks pool kohtuistungilt puudub, võib kohus lahendada asja sisuliselt, kui hagi aluseks olevad asjaolud on kohtu arvates sellise otsuse tegemiseks piisavalt välja selgitatud. Kohus võib selliselt lahendada ka abieluasja ja põlvnemisasja.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kohus ei või asja poole osavõtuta sisuliselt lahendada, kui:
1) kohtuistungile ilmumata jäänud poolt ei kutsutud istungile õigel ajal või kutses ei ole selgitatud istungilt puudumise tagajärgi või kui on eiratud muid olulisi istungile kutsumise nõudeid;
2) pool on teatanud kohtule mõjuvast põhjusest kohtuistungile ilmumata jätmiseks ja on seda põhistanud ega ole soovinud asja läbivaatamist temata.
(3) Kohus võib lahendada asja sisuliselt poole osavõtuta, isegi kui pool teatab mõjuvast
põhjusest kohtuistungile ilmumata jäämiseks, kui pool oli nõus kirjaliku menetlusega või kui asja arutamine on poole kohtuistungilt mõjuval põhjusel puudumise tõttu juba korra edasi lükatud
ning pool on saanud võimaluse esitada avaldused, väited ja tõendid kõigi asjas tähtsust omavate asjaolude kohta.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 415. Kaja esitamine tagaseljaotsuse peale

(1) Kostja võib esitada tagaseljaotsuse peale kaja, kui tema tegevusetus, mis oli tagaseljaotsuse tegemise aluseks, oli tingitud mõjuvast põhjusest. Kaja võib esitada sõltumata mõjuva põhjuse olemasolust, kui:
1) hagile vastamata jätmise puhul oli hagi kostjale või tema esindajale kätte toimetatud muul viisil kui isiklikult allkirja vastu üleandmisega või elektrooniliselt;
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
2) kohtuistungile ilmumata jäämise puhul oli kohtukutse toimetatud kostjale või tema esindajale kätte teisiti kui isiklikult allkirja vastu üleandmisega või kohtuistungil;
3) tagaseljaotsust ei võinud seaduse kohaselt teha.
(2) Kaja võib esitada tagaseljaotsuse kättetoimetamisest alates 30 päeva jooksul. Kui tagaseljaotsus toimetatakse kätte avalikult, võib kaja esitada 30 päeva jooksul alates päevast, kui kostja sai tagaseljaotsusest või selle täitmiseks algatatud täitemenetlusest teada.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]

§ 416. Nõuded kajale

(1) Kaja esitatakse tagaseljaotsuse teinud kohtule. Kajas peab sisalduma:
1) viide otsusele, mille peale kaja esitatakse;
2) avaldus, et selle otsuse peale esitatakse kaja;
3) asjaolu, mis takistas kaja esitajal hagile vastamast või kohtuistungile ilmumast ja sellest teatamast ning selle põhistus, välja arvatud juhul, kui kaja esitamiseks ei ole mõjuv põhjus vajalik.
(2) Kui tagaseljaotsus tehti eelmenetluses seetõttu, et kostja ei vastanud tähtaegselt kohtule või ei ilmunud eelistungile, tuleb kajale lisada kõik asja ettevalmistamise lõpuleviimiseks vajalik.
(3) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009] (4) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Kohus toimetab kaja teistele menetlusosalistele kätte ja teatab ühtlasi, millal toimetati kätte tagaseljaotsus ja millal esitati kaja, ning määrab neile tähtaja kaja kohta seisukoha avaldamiseks. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 417. Kaja lahendamine

(1) Kohus lahendab kaja määrusega. Vajaduse korral lahendatakse kaja kohtuistungil.
(2) Kohus rahuldab kaja ja taastab menetluse vastavalt kaja ulatusele olukorras, millises see oli enne tagaseljaotsuse põhjustanud toimingu tegemata jätmist, kui kaja on esitatud õiges vormis ja õigel ajal ning avaldaja on põhistanud mõjuva põhjuse, mis takistas tal tagaseljaotsuse aluseks olnud menetlustoimingut tähtaegselt tegemast ja kohtule sellest teatamast või kui esineb muu alus, mille tõttu ei võinud tagaseljaotsust teha. Menetluse taastamiseks ei ole vajalik mõjuv põhjus, kui kaja esitamiseks ei ole mõjuv põhjus vajalik.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kui kaja läbivaatamiseks on määratud kohtuistung ja avaldaja ei osale istungil või asja arutamisel, jätab kohus avalduse rahuldamata ja menetluse taastamata.
(4) Määruse peale, millega menetlus taastamata jäeti, võib esitada määruskaebuse. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale saab Riigikohtule edasi kaevata
üksnes juhul, kui ringkonnakohus jättis määruskaebuse rahuldamata. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Menetluse ebaõigele taastamisele ei saa tugineda hiljem menetluses tehtud lahendile kaevates.
(6) Enne kaja lahendamist võib kohus määrusega peatada täitemenetluse või lubada selle jätkamist üksnes tagatise vastu või tühistada täitetoimingu.

§ 418. Taastatud menetluse jätkamine

(1) Menetluse taastamise korral tagaseljaotsus ei jõustu ja seda ei saa täita. Taastatud menetlus jätkub vastavalt kaja ulatusele olukorras, milles see oli enne tagaseljaotsuse põhjustanud toimingu tegemata jätmist.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kui kohus otsustab kohtuistungil, et ta menetluse taastab, jätkatakse samal istungil asja arutamist.

§ 419. Teine tagaseljaotsus

Kui pool taastatud menetluses kohtuistungile ei ilmu ja tema vastu tehakse uus tagaseljaotsus, ei ole tal enam õigust kaja esitada.

§ 420. Apellatsioonkaebus tagaseljaotsuse peale

(1) Kostja ei saa tagaseljaotsuse peale apellatsioonkaebust esitada, kuid võib esitada kaja. Hageja, kelle avalduse alusel on tehtud tagaseljaotsus või kelle avaldust kostja vastu tagaseljaotsuse tegemiseks ei rahuldata ja jäetakse tema hagi rahuldamata, võib esitada otsuse peale apellatsioonkaebuse.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kui pärast menetluse taastamist tehakse kostja kahjuks uus tagaseljaotsus, võib kostja uue otsuse peale esitada apellatsioonkaebuse üksnes tagaseljaotsuse tegemise eelduste kontrollimata jätmisele tuginedes.
(3) Kui kostja on esitanud kaja ja hageja on esitanud apellatsioonkaebuse, vaadatakse asi läbi menetluse taastamise korras tagaseljaotsuse teinud kohtus. Kui kaja ei rahuldata, jätkatakse apellatsioonkaebuse menetlemist.

§ 421. Menetluses osalemata jätmine ja kohtuistungilt loata lahkumine

(1) Menetlusosaline loetakse kohtuistungilt puudunuks ka juhul, kui ta ilmus kohtuistungile, kuid ei osalenud asja menetlemisel.
(2) Kui menetlusosaline kohtuistungilt lahkub, ei takista see asja läbivaatamist. Omavoliliselt kohtuistungilt lahkunud menetlusosalist võib kohus trahvida, samuti kohaldada tema suhtes sundtoomist, kui kohus peab menetlusosalise isiklikku osavõttu asja arutamisest vajalikuks.

§ 422. Mõjuv põhjus kohtuistungilt puudumiseks või muu menetlustoimingu tegemata jätmiseks

(1) Mõjuvaks põhjuseks hagile vastamata jätmiseks või kohtuistungile ilmumata jätmiseks ja sellest teatamata jätmiseks on eelkõige liikluskatkestus, poole ootamatu haigestumine või lähedase ootamatu raske haigus, mille tõttu isik ei saanud hagile vastata või kohtusse ilmuda ega saata kohtusse esindajat.
(2) Oma haiguse põhistamiseks, mis takistas hagile vastamast või kohtuistungile ilmumast, esitab menetlusosaline või tema esindaja kohtule tõendi, millest nähtub, et haigust saab lugeda takistuseks hagile vastamast või kohtuistungile ilmumast. Tõendi vormi ning selle väljaandmise tingimused ja korra kehtestab sotsiaalminister määrusega.
(3) Käesoleva paragrahvi lõikes 2 nimetatud tõendi puudumine või puudulikkus ei välista haiguse põhistamist muude tõenditega.

45. peatükk HAGI LÄBIVAATAMATA JÄTMINE

§ 423. Hagi läbivaatamata jätmise alused

(1) Kohus jätab hagi läbi vaatamata, kui:
1) kohtusse pöördunud isik ei ole kinni pidanud seda liiki asjade eelnevaks kohtuväliseks lahendamiseks seadusega sätestatud kohustuslikust korrast ja selle korra rakendamise võimalust ei ole minetatud;
2) hageja on võtnud hagi tagasi;
3) kohtueelses menetluses on samade poolte vahel asi sama nõude kohta samal alusel ja seadusest tulenevalt ei ole asjas lubatud enne kohtueelse menetluse lõppemist kohtusse pöörduda;
4) kohtu menetluses on samade poolte vahel asi sama eseme kohta samal alusel;
5) on alustatud vahekohtumenetlust samal alusel sama vaidluseseme üle;
6) pooled on sõlminud lepingu vaidluse andmiseks vahekohtu lahendada, välja arvatud juhul, kui hagis on vaidlustatud vahekohtu kokkuleppe kehtivust;
7) hageja esitatud andmed hageja või kostja kohta ei võimalda isiku tuvastamist ja isiku tuvastamine ei õnnestu ka kohtul mõistliku tähtaja jooksul;
8) hageja ei ole kohtu nõudmisele vaatamata esitanud kohtu määratud tähtpäevaks andmeid, mis võimaldaksid kostjale menetlusdokumente kätte toimetada ning kohus ei ole vaatamata mõistlikele pingutustele suutnud neid andmeid ka ise leida, samuti kui hageja ei tasu kohtu ette nähtud ajaks kostjale hagi või muude menetlusdokumentide kättetoimetamiseks vajalikke kulusid, muu hulgas kohtutäituri tasu, välja arvatud kui hagejale antakse kulude kandmiseks riigi menetlusabi;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
81) hageja ei teavita kohut talle käesoleva seadustiku § 3151 lõike 2 alusel määratud tähtaja
jooksul kättetoimetamise tulemustest; [RT I, 29.06.2012, 3 - jõust. 01.01.2013]
9) õigustatud isiku nimel hagi esitanud isik ei ole tõendanud oma esindusõiguse olemasolu;
10) hageja ei täida kohtu nõuet leida endale tõlk või eesti keelt oskav esindaja;
11) kohtu määratud ajaks ei ole tasutud riigilõivu esitatud nõude eest;
12) hageja ei anna kohtu määratud tähtaja jooksul tagatist kostja eeldatavate menetluskulude katteks;
13) kohus ei ole pädev asja lahendama. [RT I 2005, 39, 308 - jõust. 01.01.2006]
(2) Kohus võib jätta hagi läbi vaatamata ka juhul, kui ilmneb, et:
1) hageja õiguste rikkumine ei ole hagi alusena toodud faktilistele asjaoludele tuginedes üldse võimalik, eeldades hageja esitatud faktiliste väidete õigsust;
2) hagi ei ole esitatud hageja seadusega kaitstud õiguse ega huvi kaitseks või eesmärgil, millele riik peaks andma õiguskaitset või kui hagiga ei ole hageja taotletavat eesmärki võimalik saavutada.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kohus võib jätta hagi läbi vaatamata ka muul seaduses nimetatud juhul.

§ 424. Hagi tagasivõtmine

(1) Hageja võib hagi kostja nõusolekuta tagasi võtta kuni eelmenetluse lõpuni. Kostja nõusolekul võib hagi tagasi võtta hagi kohta tehtud lahendi jõustumiseni.
(2) Hagi tagasivõtmine ja kostja nõusolek hagi tagasivõtmiseks avaldatakse kohtule kirjalikult või protokollitakse.
(3) Kohtule esitatud hagi tagasivõtmise avaldus toimetatakse kätte kostjale, kui tagasivõtmiseks on vajalik tema nõusolek. Kui kostja ei esita vastuväidet avalduse kättetoimetamisest alates kümne päeva jooksul, loetakse et ta on nõusoleku andnud.

§ 425. Hagi läbivaatamata jätmise kord

(1) Kohus jätab hagi läbi vaatamata määrusega. Määruses märgitakse, kuidas kõrvaldada asja läbivaatamist takistav asjaolu, kui asi jäetakse selle asjaolu tõttu läbi vaatamata.
(2) Vajaduse korral peab kohus hagi läbivaatamata jätmise otsustamiseks kohtuistungi.
(3) Kui hagi jätab läbi vaatamata kõrgema astme kohus, tühistab ta määrusega ühtlasi alama astme kohtu lahendi või lahendid. Kui hagi jätab läbi vaatamata asja lahendanud kohus edasikaebetähtaja jooksul esitatud avalduse alusel, tühistab ta asjas tehtud lahendi või lahendid. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kui kohus leiab, et hagi tuleb jätta läbi vaatamata seetõttu, et avalduse lahendamine kuulub halduskohtu pädevusse, ja halduskohus on eelnevalt samas asjas leidnud, et see ei kuulu tema
pädevusse, esitab kohus viivitamata asja lahendamiseks pädeva kohtu määramiseks taotluse Riigikohtu tsiviil- ja halduskolleegiumi vahelisele erikogule, teavitades sellest menetlusosalisi. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 426. Hagi läbivaatamata jätmise tagajärjed

(1) Hagi läbivaatamata jätmise korral loetakse, et hagi ei ole kohtu menetluses olnud ja hageja võib pöörduda hagiga sama kostja vastu samal alusel vaidluses sama hagieseme üle kohtusse.
(2) Kui tagasivõetud hagi esitatakse uuesti, võib kostja jätta hagile vastamata ja menetluses osalemata, kuni on tasutud tema senised menetluskulud, mille hüvitamist ta on nõudnud ja mis on jäetud hageja kanda. Kostja peab menetluskulude tasumata jätmisest kohtule viivitamata teatama.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Käesoleva paragrahvi lõikes 2 sätestatud juhul on menetlus peatunud. Kohus võib määrata hagejale tähtaja kostja menetluskulude hüvitamiseks. Kui hageja kulusid tähtaja jooksul ei hüvita, jätab kohus hagi läbi vaatamata.

§ 427. Edasikaebamine hagi läbivaatamata jätmise määruse peale

Maakohtu või ringkonnakohtu määruse peale, millega hagi jäetakse läbi vaatamata, võib esitada määruskaebuse. Maakohtu määruse peale esitatud määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata, kui hagi jäeti läbi vaatamata käesoleva seadustiku § 423 lõike 1 punktides 2, 7–10 ja 12 nimetatud alustel.

46. peatükk MENETLUSE LÕPETAMINE

§ 428. Menetluse lõpetamise alused

(1) Kohus lõpetab menetluse otsust tegemata, kui:
1) kohtusse pöördunud isik ei ole kinni pidanud seda liiki asjade eelnevaks kohtuväliseks lahendamiseks seadusega sätestatud kohustuslikust korrast ja seda korda ei saa enam rakendada;
2) samade poolte vaidluses samal alusel sama hagieseme üle on jõustunud menetluse lõpetanud Eesti kohtu lahend või Eestis tunnustamisele kuuluv välisriigi kohtu lahend või vahekohtu otsus või jõustunud lahend kohtueelses menetluses, muu hulgas õiguskantsleri kinnitatud kokkulepe, mis välistab samas asjas uue kohtusse pöördumise;
3) hageja on hagist loobunud;
4) pooled on sõlminud kompromissi ja kohus kinnitab selle;
5) asjas pooleks oleva füüsilise isiku surma korral vaieldav õigussuhe ei võimalda õigusjärglust või juriidiline isik on lõppenud õigusjärgluseta.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kohus lõpetab menetluse ka muul seaduses sätestatud alusel.

§ 429. Hagist loobumine

(1) Hageja võib hagist loobuda kuni hagi kohta tehtud lahendi jõustumiseni, esitades selleks avalduse. Kohus võtab hagist loobumise vastu määrusega, millega ühtlasi lõpetab asja menetluse.
(2) Kui hageja loobub hagist kohtuistungil, hagist loobumine protokollitakse. Kui hagist loobumine on esitatud kohtule kirjalikus avalduses, võetakse avaldus toimikusse.
(3) Kui hagist loobumise avaldus esitatakse väljaspool kohtuistungit, teatab kohus enne menetluse lõpetamise otsustamist kostjale avalduse esitamisest, määrates kostjale vastamise tähtaja. Kui kostja soovib menetluskulude väljamõistmist hagejalt, peab ta seda vastuses märkima.
(4) Kohus ei võta vastu tsiviilkohtumenetlusteovõimetu hageja seadusliku esindaja avaldatud hagist loobumist, kui hagist loobumine on ilmses vastuolus tsiviilkohtumenetlusteovõimetu isiku huvidega, samuti muul juhul, kui hagist loobumisega rikutaks olulist avalikku huvi.
(5) Kui kohus ei võta hagist loobumist vastu, teeb ta selle kohta põhjendatud määruse. Sel juhul asja menetlus jätkub.
(6) Kui kohus ei võta vastu tsiviilkohtumenetlusteovõimetu hageja seadusliku esindaja hagist loobumist, kuna see oleks ilmses vastuolus tsiviilkohtumenetlusteovõimetu isiku huvidega, määrab kohus hagejale uue esindaja käesoleva seadustiku §-s 219 sätestatud korras.

§ 430. Kompromiss

(1) Pooled võivad menetluse kuni hagi kohta tehtud lahendi jõustumiseni lõpetada kompromissiga. Kohus kinnitab kompromissi määrusega, millega ühtlasi lõpetab asja menetluse. Kompromissi kinnitamise määruses märgitakse kompromissi tingimused.
(2) Pooled esitavad kompromissilepingu allkirjastatuna kohtule või avaldavad kompromissi kohtule protokolli kandmiseks.
(3) Kohus ei kinnita kompromissi, kui see on vastuolus heade kommetega või seadusega või rikub olulist avalikku huvi või kui kompromissi ei ole võimalik täita. Kohus ei ole kompromissiga seotud ega pea seda kinnitama perekonnaasjas.
(4) Kui kohus ei kinnita kompromissi, teeb ta selle kohta põhjendatud määruse. Sel juhul asja menetlus jätkub.
(5) Kompromiss kehtib täitedokumendina ka kohtumenetluses mitteosaleva isiku suhtes, kes on võtnud kompromissi alusel kohustuse.
(6) Kokkuleppe sõlmimine kohtu kinnitatud kompromissina asendab kokkuleppe notariaalset tõestamist.
(7) Kompromiss võib olla tingimuslik.
(8) Kompromissi saab tühistada ja selle tühisusele saab tugineda tsiviilseadustiku üldosa seaduses nimetatud alustel ning kompromissist saab taganeda või selle üles öelda võlaõigusseaduses nimetatud alustel. Kompromissi saab tühistada või selle tühisusele tugineda ning kompromissist saab taganeda või kompromissi üles öelda üksnes kompromissi kui täitedokumendi alusel toimuva täitemenetluse hagiga lubamatuks tunnistamise menetluses. Kui kohus sellise hagi rahuldab, loetakse, et kompromissil ei ole täielikult või osaliselt õiguslikke tagajärgi ja menetlus asjas, milles kompromiss sõlmiti, jätkub.
(9) Kompromissi saab pankrotimenetluses või täitemenetluses tagasivõitmise korras kehtetuks tunnistada.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 431. Menetluse lõpetamise kord

(1) Kohus lõpetab menetluse määrusega. Vajaduse korral peab kohus menetluse lõpetamise otsustamiseks kohtuistungi. Kui menetlusosalist ei esinda advokaat, selgitab kohus poolele või tema esindajale eelnevalt menetluse lõpetamise tagajärgi.
(2) Kui menetluse lõpetab kõrgema astme kohus, tühistab ta määrusega ühtlasi alama astme kohtu lahendi või lahendid. Kui menetluse lõpetab asja lahendanud kohus edasikaebetähtaja jooksul esitatud avalduse alusel, tühistab ta asjas tehtud lahendi või lahendid.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 432. Menetluse lõpetamise tagajärjed

Kui menetlus on lõpetatud, ei saa hageja uuesti pöörduda kohtusse hagiga sama kostja vastu vaidluses samal alusel sama hagieseme üle. Kui menetlus on lõpetatud hagist loobumise tõttu või kompromissiga, on lõpetamisel samad materiaalõiguslikud ja protsessuaalsed tagajärjed nagu menetluse lõpetamisel kohtuotsusega, kui seadusest ei tulene teisiti.

§ 433. Edasikaebamine menetluse lõpetamise määruse peale

(1) Menetluse lõpetamise määruse peale võib esitada määruskaebuse.
(2) Maakohtu või ringkonnakohtu määruse peale, millega kohus ei lõpeta asja menetlust seetõttu, et ei võta vastu hagist loobumist või ei kinnita kompromissi, võib esitada määruskaebuse. Maakohtu määruse peale esitatud määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.

47. peatükk KOHTULAHEND

1. jagu Kohtuotsus

§ 434. Kohtuotsus kui sisuline lahend

Kohtuotsus on kohtumenetluse tulemusena Eesti Vabariigi nimel tehtud kohtulahend, millega asi otsustatakse sisuliselt.

§ 435. Otsuse tegemine

(1) Kohus teeb otsuse, kui asja on kohtu arvates arutatud ammendavalt ja asi on lõpliku lahendi tegemiseks valmis.
(2) Kohtuotsusega lõpeb menetlus selles kohtuastmes.
(3) Kohtuotsuse kuupäev on selle avalikult teatavakstegemise päev.

§ 436. Otsuse seaduslikkus ja põhjendatus

(1) Kohtuotsus peab olema seaduslik ja põhjendatud.
(2) Kohus rajab otsuse üksnes asjas esitatud ja kogutud tõenditele. Kui kohus lahendab asja kohtuistungil, rajab kohus otsuse ainult nendele tõenditele, mida istungil uuriti.
(3) Kohus võib tugineda otsust tehes üksnes tõenditele, mida pooltel oli võimalik uurida, ja asjaoludele, mille kohta oli pooltel võimalik oma arvamust avaldada.
(4) Otsust tehes ei või kohus tugineda asjaolule, mida ei ole menetluses arutatud. Samuti ei või kohus hinnata esiletoodud asjaolu otsuses erinevalt mõlemast poolest, välja arvatud juhul, kui kohus on juhtinud sellisele võimalusele eelnevalt poolte tähelepanu ja andnud neile võimaluse avaldada oma seisukoht.
(5) Käesoleva paragrahvi lõikes 4 sätestatut ei kohaldata, kui tegemist on kõrvalnõudega. (6) Kohus ei ole esitatud asjaolude ja seisukohtadega seotud perekonnaasjas.
(7) Kohus ei ole otsust tehes seotud poolte esitatud õiguslike väidetega.

§ 437. Asja arutamise uuendamine

Kohus võib asja arutamise määrusega uuendada, kui pärast asja arutamise lõpetamist ja enne lahendi tegemist:
1) tuvastab kohus menetluses vea, mis on otsuse tegemisel oluline ja mille saab kõrvaldada;
2) tagaseljaotsuse tegemisel ilmneb asjaolu, mis võib olla kaja esitamise alus;
3) hagi läbivaatamata jätmisel ilmneb asjaolu, mis võib olla menetluse taastamise alus.

§ 438. Otsuse tegemisel lahendatavad küsimused

(1) Otsust tehes hindab kohus tõendeid, otsustab, mis asjaolud on tuvastatud, millist õigusakti tuleb asjas kohaldada ja kas hagi kuulub rahuldamisele. Kui asjas on esitatud mitu nõuet, teeb kohus otsuse kõigi nõuete kohta.
(2) Kohus otsustab ka menetluskulude jaotuse.

§ 439. Hagi lahendamise piirid

Kohus ei või otsuses ületada nõude piire ega teha otsust nõude kohta, mida ei ole esitatud.

§ 440. Hagi õigeksvõtmine

(1) Kui kostja võtab kohtuistungil või kohtule esitatud avalduses hageja nõude õigeks, rahuldab kohus hagi.
(2) Hagi õigeksvõtmine kohtuistungil protokollitakse.
(3) Kui hagi õigeksvõtmine on esitatud kohtule avalduses, võetakse avaldus toimikusse. Kui kostja avaldab hagi õigeksvõtmise kohtule eelmenetluses, lahendab kohus asja kohtuistungit pidamata.
(4) Abieluasjas ja põlvnemisasjas ei ole kohus hagi õigeksvõtuga seotud. Kohus ei ole õigeksvõtuga seotud ka asjas, kus osaleb mitu kostjat ja vaidlusalust õigussuhet saab tuvastada üksnes kostjate suhtes ühiselt, ja hagi ei võta õigeks kõik kostjad. Kui kohus ei võta õigeksvõttu vastu, teeb kohus selle kohta põhjendatud määruse. Sel juhul asja menetlus jätkub.

§ 441. Otsuse vormistamine

(1) Kohus vormistab otsuse eesti keeles elektrooniliselt ja varustab selle otsuse teinud kohtuniku digitaalallkirjaga. Kohus registreerib otsuse viivitamata kohtute infosüsteemis.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(2) Kohus võib otsuse vormistada ja allkirjastada paberil, kui kohtust või kohtunikust sõltumatul põhjusel ei ole võimalik täita käesoleva paragrahvi lõikes 1 sätestatud nõudeid.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]

§ 442. Otsuse sisu

(1) Otsus koosneb sissejuhatusest, resolutsioonist, kirjeldavast ja põhjendavast osast. (2) Otsuse sissejuhatuses märgitakse:
1) otsuse teinud kohtu nimetus;
2) otsuse teinud kohtuniku nimi;
3) otsuse avalikult teatavakstegemise aeg ja koht;
4) tsiviilasja number;
5) hagi ese;
51) tsiviilasja hind;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
6) menetlusosaliste nimed ja isiku- või registrikoodid;
7) menetlusosaliste aadressid, kui see on ilmselt vajalik otsuse täitmiseks või tunnustamiseks;
8) menetlusosaliste esindajate nimed, esindajate asendumise korral viimaste esindajate nimed; [RT I 2008, 59, 330 - jõust. 01.01.2009]
9) viimase kohtuistungi aeg või viide asja lahendamisele kirjalikus menetluses.
(3) Füüsilise isiku isikukoodi puudumisel märgitakse otsuses tema sünniaeg. Juriidilise isiku registrikoodi puudumisel märgitakse otsuses vajaduse korral viide juriidilise isiku õiguslikule alusele.
(4) Tagaseljaotsuse või hagi õigeksvõtmisel põhineva otsuse puhul tuleb sissejuhatuses seda märkida.
(5) Otsuse resolutsiooniga lahendab kohus selgelt ja ühemõtteliselt poolte nõuded ja veel lahendamata taotlused, samuti rakendatud hagi tagamise abinõudega seotud küsimused. Resolutsioon peab olema selgelt arusaadav ja täidetav ka muu otsuse tekstita.
(6) Resolutsiooni juures märgitakse ka otsuse edasikaebamise kord ja tähtaeg, muu hulgas kohus, kuhu kaebus tuleb esitada, ning viide, et kaebus võidakse lahendada kirjalikus
menetluses, kui kaebuses ei taotleta selle lahendamist istungil. Tagaseljaotsuses märgitakse õigus esitada otsuse peale kaja. Resolutsiooni juures selgitatakse ka käesoleva seadustiku § 187 lõike 6 sisu.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(7) Otsuse kirjeldavas osas märgitakse loogilises järjekorras lühidalt ja olulist sisu esile tuues esitatud nõuded ja nende kohta esitatud väited, vastuväited ja esitatud tõendid. Kui asjas on kohtu ettepanekul esitanud lisaks menetlusosalistele seisukoha ka pädev riigi- või kohaliku omavalitsuse asutus, tuleb ka see seisukoht otsuse kirjeldavas osas märkida.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(8) Otsuse põhjendavas osas märgitakse kohtu tuvastatud asjaolud ja nendest tehtud järeldused, tõendid, millele on rajatud kohtu järeldused, samuti seadused, mida kohus kohaldas. Kohus peab otsuses põhjendama, miks ta ei nõustu hageja või kostja faktiliste väidetega. Kohus peab otsuses kõiki tõendeid analüüsima. Kui kohus mõnda tõendit ei arvesta, peab ta seda otsuses põhjendama. Alternatiivse nõude rahuldamisel ei pea teise alternatiivse nõude rahuldamata jätmist põhjendama.
(9) Otsusest peavad nähtuma ka menetlusosaliste asendamine ja vajaduse korral varasemate menetlusosaliste andmed.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(10) Käesoleva seadustiku § 405 lõikes 1 nimetatud asjas tehtud otsuses võib maakohus märkida, et ta annab loa otsuse edasikaebamiseks. Sellise loa annab kohus eelkõige juhul, kui apellatsioonikohtu lahend on maakohtu arvates vajalik ringkonnakohtu seisukoha saamiseks mingi õigusnormi kohta. Edasikaebamise loa andmist ei pea otsuses põhjendama.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 443. Tüüptingimuste kasutamise lõpetamiseks kohustava kohtuotsuse resolutsioon

(1) Ebamõistlikult kahjustava tüüptingimuse kasutamise lõpetamiseks või tingimuse soovitajat soovitamise lõpetamiseks ja soovituse tagasivõtmiseks kohustava kohtuotsuse resolutsioonis tuleb lisaks märkida:
1) keelatud tüüptingimuse sõnastus;
2) tehingute liigid, mille suhtes tüüptingimust kasutada ei tohi;
3) selgesõnaline kohustus hoiduda edaspidi sellesarnaste tüüptingimuste kasutamisest või soovitamisest.
(2) Tüüptingimuse soovitajat soovitamise lõpetamiseks ja soovituse tagasivõtmiseks kohustava kohtuotsuse resolutsioonis tuleb lisaks märkida kohustus teha kohtuotsus teatavaks samal viisil kui soovitus. Kohus võib käesoleva paragrahvi lõikes 1 nimetatud kohtuotsuse avaldamiseks kohtu määratud viisil kohustada otsuse resolutsioonis ka tüüptingimuste kasutajat või määrata ise otsuse täiendava avaldamise viisi.

§ 444. Otsuse kirjeldava ja põhjendava osa lihtsustamine ning ärajätmine

(1) Kohus võib otsuse kirjeldavas osas jätta märkimata nõuete kohta esitatud väited, vastuväited ja esitatud tõendid, samuti riigi- või kohaliku omavalitsuse asutuse seisukoha.
(2) Kui kohus menetleb hagi lihtmenetluses, võib ta kohtuotsuse põhjendavas osas piirduda üksnes õigusliku põhjenduse ja tõendite, millele on rajatud kohtu järeldused, märkimisega.
(3) Tagaseljaotsuse või hagi õigeksvõtul põhineva otsuse võib kohus teha kirjeldava ja põhjendava osata.
(4) Kohus võib käesoleva paragrahvi lõikes 3 nimetamata otsusest kirjeldava ja põhjendava osa välja jätta, kui menetlusosalised on andnud selleks nõusoleku või kui kohus menetleb hagi lihtmenetluses. Sel juhul tuleb otsuses märkida, et kohus täiendab otsust käesoleva seadustiku §
448 lõikes 41 sätestatu kohaselt, kui menetlusosaline teatab kümne päeva jooksul otsuse kättetoimetamisest arvates kohtule soovist esitada otsuse peale apellatsioonkaebus. Kohus selgitab otsuses apellatsioonkaebuse esitamise soovist teatamata jätmise tagajärgi.
(5) Kohus võib kirjeldava ja põhjendava osa väljajätmise kohta menetlusosalise seisukoha väljaselgitamiseks teha kohtuistungil suuliselt teatavaks kohtuotsuse resolutsiooni ning selgitada suuliselt otsuse põhjendusi. Menetlusosalise nõusolek jätta kohtuotsusest välja kirjeldav ja põhjendav osa märgitakse kohtuistungi protokolli.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]

§ 445. Otsuse täitmise korra ja tähtaja kindlaksmääramine

(1) Kohus võib otsuses poole taotlusel kindlaks määrata otsuse täitmise viisi ja korra ning täitmise tähtaja või tähtpäeva ja asjaolu, et otsus täidetakse viivitamata või et otsuse täitmine tagatakse mõne hagi tagamise abinõuga. Kui pooled esitavad menetluses teineteise vastu tasaarvestatavad nõuded ja kohus mõlema poole nõuded täielikult või osaliselt rahuldab,
tasaarvestatakse resolutsioonis poolte nõuded rahuldatud osas. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kui hagi otsusega rahuldatakse või kui kohus lõpetab menetluse kompromissi sõlmimisega, jätab kohus kohaldatud hagi tagamise abinõu jõusse kohtulahendi täitmist tagava abinõuna, kui see on lahendi täitmise tagamiseks ilmselt vajalik ja pool, kelle kasuks otsus tehti, või kompromissilepingu pooled ei taotle abinõu tühistamist.
(3) Kui otsus või selle osa tuleb täita viivitamata, tuleb seda otsuse resolutsioonis märkida. (4) Kostjaks oleva pärija taotlusel võib kohus teha otsuse pärija piiratud vastutuse
reservatsiooniga.
(5) Kui kohus on tuvastanud otsuses autoriõiguse, autoriõigusega kaasneva õiguse või tööstusomandiõiguse rikkumise või isiku kohta ebaõigete andmete avaldamise, võib ta hageja taotlusel otsuses ette näha, et kohtuotsuses sisalduvad andmed tuleb kostja kulul kohtu määratud viisil avalikult teatavaks teha või kohtuotsus osaliselt või täielikult avaldada.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 446. Otsus mitme hageja kasuks või mitme kostja vastu

(1) Otsuses mitme hageja kasuks märgib kohus, mis osas iga hageja kasuks on nõue rahuldatud. Kui nõue on rahuldatud mitme hageja kasuks solidaarselt, tuleb seda otsuses märkida.
(2) Otsuses mitme kostja vastu märgib kohus, mis osas iga kostja peab otsust täitma. Kui vastutus on solidaarne, tuleb seda otsuses märkida.

§ 447. Vigade parandamine otsuses

(1) Pärast otsuse avalikult teatavakstegemist ei saa otsuse teinud kohus seda tühistada ega muuta, kui seaduses ei ole sätestatud teisiti.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kohus parandab igal ajal otsuses kirja- ja arvutusvead ning ilmsed ebatäpsused, mis ei mõjuta otsuse sisu. Vead parandab kohus määrusega. Enne määruse tegemist võib kohus menetlusosalised ära kuulata.
(3) Otsuse parandamise määruse kohta tehakse märge otsusele ja selle pärast määruse tegemist väljastatavatele ärakirjadele. Kohus toimetab vea parandamise määruse kätte kõigile isikutele, kellele on kätte toimetatud kohtuotsus.
(4) Otsuse parandamise määruse peale võib esitada määruskaebuse.

§ 448. Täiendav otsus

(1) Asja otsustanud kohus võib menetlusosalise taotlusel või omal algatusel teha täiendava otsuse, kui:
1) mõni esitatud nõue või taotlus on jäänud lahendamata;
2) hageja õigust tunnustanud kohus on jätnud märkimata väljamõistetud rahasumma suuruse, üleandmisele kuuluva asja või toimingu, mida kostja on kohustatud tegema;
3) kohus ei ole lahendanud menetluskulude jaotamist; [RT I 2008, 59, 330 - jõust. 01.01.2009]
4) kohus ei ole osaotsusesse märkinud reservatsiooni tasaarvestuse suhtes;
5) kohus ei ole dokumendimenetluses tehtud otsusesse märkinud reservatsiooni kostja õiguste edasise kaitse kohta.
(2) Täiendava otsuse tegemise avalduse võib esitada otsuse kättetoimetamisest alates kümne päeva jooksul. Kohus võib omal algatusel teha täiendava otsuse 20 päeva jooksul otsuse avalikult teatavakstegemisest alates.
(3) Kui kirjeldava või põhjendava osata otsust soovitakse täita väljaspool Eesti Vabariiki, võib pool nõuda kohtult otsuse täiendamist kirjeldava ja põhjendava osaga ka pärast käesoleva paragrahvi lõikes 2 nimetatud tähtaja möödumist.
(4) Täiendava otsuse tegemiseks peab kohus istungi, välja arvatud juhul, kui asi on lahendatud kohtuistungit pidamata. Menetlusosalistele teatatakse istungi aeg ja koht vähemalt kolm päeva ette, kuid nende kohtuistungilt puudumine ei takista täiendava otsuse tegemist. Täiendava otsuse tegemise taotlus toimetatakse eelnevalt kätte vastaspoolele.
(41) Käesoleva seadustiku § 444 lõike 4 alusel tehtud kirjeldava või põhjendava osata otsust täiendab kohus puuduva osaga, kui menetlusosaline teatab kümne päeva jooksul otsuse kättetoimetamisest arvates kohtule soovist esitada otsuse peale apellatsioonkaebus. Apellatsioonkaebuse esitamise soovi ei pea põhjendama. Otsuse täiendamine lahendatakse kirjalikus menetluses. Teisele menetlusosalisele otsuse täiendamisest ei teatata. Kohus võib kohtuotsuse tervikuna koostada ka käesoleva seadustiku § 444 lõigetes 1 ja 2 sätestatu kohaselt. Otsuse täiendamise korral puuduva osaga hakkab apellatsioonkaebuse esitamise tähtaeg uuesti kulgema täiendava otsuse kättetoimetamisest arvates.
[RT I, 21.12.2012, 1 - jõust. 01.01.2013]
(42) Kui menetlusosaline ei ole kohtule käesoleva paragrahvi lõikes 41 sätestatud tähtaja jooksul teatanud soovist kirjeldava ja põhjendava osata otsuse peale apellatsioonkaebust esitada, loetakse, et ta on apellatsioonkaebuse esitamise õigusest loobunud.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(5) Täiendav otsus on täiendatava otsuse osa. Täiendavat otsust võib vaidlustada nagu muud otsust. Täiendatava otsuse vaidlustamise korral eeldatakse, et vaidlustatakse ka täiendavat otsust. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(6) Täiendava otsuse tegemise taotluse rahuldamata jätmise korral teeb kohus määruse. Maakohtu või ringkonnakohtu täiendava otsuse tegemisest keeldumise määruse peale võib esitada määruskaebuse. Maakohtu määruse peale esitatud määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.

§ 449. Vaheotsus

(1) Kui menetluses on hagi raha saamiseks, eelkõige tekitatud kahju hüvitamiseks ja nõutava rahasumma suuruse tõendamine on väga kulukas või keerukas ja nõude põhjendatuse või põhjendamatuse kohta on kohtul võimalik otsust teha, võib kohus poole taotlusel teha vaheotsuse nõude põhjendatuse või põhjendamatuse kohta.
(2) Vaheotsus nõude põhjendatuse või põhjendamatuse kohta on edasikaebamise tähenduses samane lõppotsusega. Nõude põhjendatuse vaheotsusega tunnustamise korral jätkab kohus menetlust nõude suuruse üle ja teeb selle kohta otsuse. Kui kohus tunnustab nõude põhjendamatust, teeb ta lõppotsuse ja asja edasi ei menetle.
(3) Kohus võib teha vaheotsuse ka taotluse kohta aegumise kohaldamise taotluse suhtes, mis on edasikaebamise tähenduses samane lõppotsusega. Aegumise kohaldamata jätmisel teeb kohus selle kohta vaheotsuse ja jätkab menetlust. Kui kohus leiab, et nõue on aegunud, teeb ta lõppotsuse ja asja edasi ei menetle.

§ 450. Osaotsus

(1) Kui ühte menetlusse on ühendatud mitu omavahel seotud iseseisvat nõuet või kui ühes hagis esitatud mitmest nõudest on üks nõue või osa ühest nõudest või esitatud vastuhagi puhul üksnes hagi või vastuhagi lõplikuks otsustamiseks valmis, võib kohus teha neist igaühe kohta eraldi otsuse, kui see kiirendab asja läbivaatamist. Lahendamata nõuete osas jätkab kohus menetlust.
(2) Kui kohus rahuldab osaotsusega hagi, millele on esitatud vastuhagi või vastuväide haginõude tasaarvestamiseks, märgib kohus otsuse resolutsiooni, et otsus võidakse tühistada või seda muuta tasaarvestuse vastuhagi või vastuväite lahendamisel (reservatsioon).
(3) Tasaarvestuse reservatsiooniga tehtud osaotsus on edasikaebamise ja sundtäitmise seisukohalt lõppotsus.
(4) Kui tasaarvestuse reservatsiooniga tehtud osaotsuse puhul edasises menetluses tasaarvestuse vastuhagi rahuldatakse või tulenevalt tasaarvestuse vastuväitest jäetakse hagi täielikult või osaliselt rahuldamata, tühistab kohus ühtlasi reservatsiooniga otsuse tasaarvestuse ulatuses või muudab seda.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Käesoleva paragrahvi lõikes 4 nimetatud juhul peab hageja hüvitama kostjale otsuse sundtäitmise või sundtäitmise ärahoidmiseks tarvitusele võetud abinõudega tekitatud kahju.

§ 451. Otsus dokumendimenetluses

(1) Dokumendimenetluses jäetakse hagi rahuldamata ka juhul, kui hageja ei tõendanud oma nõuet dokumendimenetluses lubatud tõenditega. Sel juhul võib esitada hagi uuesti tavalises menetluses.
(2) Kui kohus kostja vastuvaidlemisest hoolimata dokumendimenetluses hagi rahuldab, teeb ta reservatsiooniga otsuse, milles jätab kostjale õiguse kaitsta oma õigusi edaspidi.
(3) Reservatsiooniga otsust loetakse edasikaebamise ja sundtäitmise seisukohalt lõppotsuseks. (4) Kui dokumendimenetluses on kostja õiguste suhtes tehtud reservatsiooniga otsus, jätkub
vaidlus tavalises hagimenetluses. Kui selgub, et hageja nõue oli põhjendamatu, kohaldatakse käesoleva seadustiku § 450 lõigetes 4 ja 5 sätestatut. Reservatsiooniga otsusega lahendatud vastuväite, mille võis dokumendimenetluses esitada, võib kostja hiljem uuesti esitada üksnes juhul, kui reservatsiooniga otsus tühistatakse või kui seda muudetakse.

§ 4511. Taotluste lahendamine edasikaebetähtaja kestel

(1) Kui pärast lahendi tegemist, kuid enne selle jõustumist ja asjas edasikaebuse esitamist esitatakse taotlus hagi läbivaatamata jätmiseks või asja menetluse lõpetamiseks, muu hulgas hagist loobumise või kompromissi sõlmimise tõttu, või esitatakse hagi tagamisega seotud taotlus või muu sellesarnane taotlus, lahendab taotluse lahendi teinud kohus. Hagi läbivaatamata jätmise või menetluse lõpetamise taotluse rahuldamise korral võib kohus tehtud lahendi määrusega tühistada ning jätta hagi läbi vaatamata või lõpetada asja menetluse.
(2) Pärast apellatsioonkaebuse esitamist saab käesoleva paragrahvi lõikes 1 nimetatud toiminguid teha ringkonnakohus, isegi kui kaebust ei ole veel menetlusse võetud.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 452. Otsuse avalikult teatavakstegemine

(1) Kohtuotsus tehakse avalikult teatavaks kuulutamisega või kohtukantselei kaudu.
(2) Otsus kuulutatakse asja arutamist lõpetaval istungil või tehakse viivitamata teatavaks kohtukantselei kaudu pärast kohtuistungit.
(3) Kui otsust ei tehta asja arutamise kohtuistungil, teatab kohus asja arutamist lõpetaval istungil, millal ja kuidas kohtuotsus avalikult teatavaks tehakse. Kui asi lahendatakse kohtuistungit pidamata või kui menetlusosaline ei osalenud kohtuistungil, teatab kohus menetlusosalistele otsuse avalikult teatavakstegemise aja. Kohus teatab menetlusosalistele ka otsuse avalikult teatavakstegemise aja muutmisest.
(4) Otsuse võib hiljem kui 20 päeva pärast asja arutamise viimast istungit või kirjalikus menetluses taotluste ja dokumentide esitamiseks ettenähtud tähtpäeva möödumist avalikult teatavaks teha üksnes mõjuval põhjusel, eelkõige kohtuasja eriti suure mahu või erilise
keerukuse tõttu. Otsuse avalikku teatavakstegemist ei või määrata hiljemaks kui 40 päeva pärast asja arutamise viimast istungit või kirjalikus menetluses taotluste ja dokumentide esitamiseks ettenähtud tähtpäeva möödumist.
(5) Otsuse avalikult teatavaks tegemise aeg ja selle muutmine avaldatakse viivitamata pärast selle aja kindlaksmääramist ka kohtu veebilehel, märkides tsiviilasja numbri, menetlusosaliste nimed ja tsiviilasja üldise kirjelduse. Kinnises menetluses tehtud otsuse kohta avaldatakse üksnes otsuse avalikult teatavaks tegemise aeg ja selle muutmine, tsiviilasja number ning märge, et menetlus on kinnine. Otsuse avalikult teatavaks tegemise aeg eemaldatakse veebilehelt 30 päeva möödumisel otsuse avalikult teatavaks tegemisest.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(6) Kohus võib põhjendatud määruse alusel käesoleva seadustiku § 38 lõikes 1 või 2 nimetatud põhjusel avalikult teatavaks teha üksnes otsuse resolutsiooni.
(7) Kohus võib otsuse avalikult teatavakstegemise aja jooksul teha esmalt teatavaks otsuse kirjeldava ja põhjendava osata, muu hulgas kuulutada suuliselt üksnes kohtuotsuse resolutsiooni. Otsust ei tule tervikuna avalikult teatavaks teha, kui pooled avaldavad enne otsuse tervikuna avalikult teatavakstegemist kohtule kirjalikult või kohtuistungil, et loobuvad otsuse peale apellatsioonkaebuse esitamise õigusest, või kui pooled loetakse käesoleva seadustiku kohaselt apellatsioonkaebuse esitamise õigusest loobunuks. Kohus selgitab seda õigust otsuse osaliselt avalikult teatavakstegemisel.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]

§ 453. Otsuse kantselei kaudu teatavakstegemise ja otsuse ärakirjade andmise kord

(1) Otsus tehakse avalikult teatavaks kohtukantselei kaudu, kus menetlusosalised võivad otsusega edasikaebamistähtaja jooksul tutvuda ja saada selle ärakirja. Kui otsus on tehtud elektrooniliselt, antakse menetlusosalisele kohtuotsuse väljatrükk. Ärakirjale või väljatrükile annab allkirja ja paneb kohtu pitseri kohtukantselei volitatud töötaja. E-toimiku süsteemi kaudu tehakse isikule kättesaadavaks kohtu infosüsteemis kinnitatud otsus, millele allkirja ja pitserit ei lisata.
[RT I 2009, 67, 460 - jõust. 01.01.2010]
(2) Käesoleva paragrahvi lõikes 1 sätestatu ei välista ega piira kohtu kohustust toimetada kohtuotsus menetlusosalistele kätte, kui seda ei anta talle kätte käesoleva paragrahvi lõikes 1 nimetatud viisil.
(3) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 454. Otsuse kuulutamise kord

(1) Otsus kuulutatakse otsuse resolutsiooni ettelugemisega.
(2) Vajaduse korral kuulutab kohus otsuse ka põhjendava osa ettelugemisega või selle olulise sisu kokkuvõttega.
(21) Otsuse kuulutamise ajaks ei pea otsuse tekst olema nõuetekohaselt vormistatud ega allkirjastatud, kuid kuulutamine tuleb protokollida. Otsus tuleb sel juhul kirjalikult vormistada kümne päeva jooksul alates kuulutamisest.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Otsuse kuulutamisel selgitab kohus kohalolevatele menetlusosalistele otsuse edasikaebamise korda ja tähtaega.
(4) Otsuse kuulutamise kehtivus ei sõltu menetlusosaliste kohalolekust. Otsus loetakse kuulutatuks ka menetlusosalise suhtes, kes ei osalenud kuulutamise istungil.
(5) Kollegiaalse kohtukoosseisu otsuse kuulutab eesistuja.

§ 455. Kohtuotsuste kättetoimetamine

(1) Kohus toimetab otsuse menetlusosalistele kätte.
(2) Kui kohtuotsusega on muudetud registrisse kantavaid isikuandmeid, saadab kohus kohtuotsuse ärakirja registripidajale.

§ 456. Kohtuotsuse jõustumine

(1) Kohtuotsus jõustub, kui seda ei saa enam vaidlustada muul viisil kui teistmismenetluses. (2) Maakohtu otsus jõustub eelkõige, kui:
1) apellatsioonkaebuse esitamise tähtaeg on möödunud ja kaebust ei ole tähtaja jooksul esitatud;
2) ringkonnakohus ei võta apellatsioonkaebust menetlusse või jätab kaebuse läbi vaatamata või rahuldamata või kui lõpetatakse apellatsioonimenetlus ning ringkonnakohtu lahendi peale kassatsioonkaebuse esitamise tähtaja jooksul kassatsioonkaebust ei esitata;
3) apellatsioonkaebus jäetakse ringkonnakohtus menetlusse võtmata, läbi vaatamata või rahuldamata või lõpetatakse apellatsioonimenetlus ja ringkonnakohtu lahendi peale esitatud kassatsioonkaebust ei võeta menetlusse, see jäetakse läbi vaatamata või rahuldamata või lõpetatakse kassatsioonimenetlus.
(3) Tagaseljaotsus jõustub, kui selle peale ei esitata kaja ega apellatsioonkaebust või kui kaja jäetakse läbi vaatamata või rahuldamata või kui jõustub ringkonnakohtu lahend apellatsioonkaebuse kohta.
(4) Kohtuotsuse seaduslik vaidlustamine peatab kohtuotsuse jõustumise. Kohtuotsuse osalise vaidlustamise korral jõustub kohtuotsus vaidlustamata osas.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 457. Otsuse jõustumise tagajärjed

(1) Jõustunud kohtuotsus on menetlusosalistele kohustuslik osas, milles lahendatakse hagi või vastuhagiga esitatud nõue hagi aluseks olevatel asjaoludel, kui seadusest ei tulene teisiti.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kui kostja on esitanud menetluses haginõude vastu tasaarvestuse vastuväite, seob otsus menetlusosalisi ka ulatuses, milles vastunõude olemasolu ja tasaarvestust ei tunnustata.
(3) Eeldatakse, et kohtuotsuse kirjeldav osa tõendab avaldusi, mida menetlusosalised menetluses tegid.
(4) Perekonnaasjas ja põlvnemisasjas tehtud ja poolte eluajal jõustunud otsus õigussuhte olemasolu, lõppemise või puudumise kohta kehtib kõigi isikute suhtes. Põlvnemise või vanemliku hoolduse tuvastanud kohtuotsus ei kehti isiku suhtes, kes nimetatud õigust omaks peab, kuid asjas menetlusosaline ei olnud.
(5) Kohtuotsus juriidilise isiku organi otsuse kehtetuks tunnistamise ja selle tühisuse tuvastamise kohta kehtib kõigi juriidilise isiku osanike, aktsionäride või liikmete ning organite ja nende liikmete suhtes, isegi kui nad menetluses ei osalenud.
(6) Kui kohustusliku vastutuskindlustuse puhul on jõustunud kohtuotsusega kindlustusandja või kindlustusvõtja suhtes tuvastatud, et kannatanul ei ole kahju hüvitamise nõuet, kehtib otsus nii kindlustusandja kui kindlustusvõtja suhtes sõltumata sellest, kas nad mõlemad osalesid kohtumenetluses.
(7) Kui tüüptingimuse kasutaja rikub tingimuse kasutamise lõpetamiseks kohustavat kohtuotsust, loetakse tüüptingimus tühiseks, kui teine lepingupool tugineb kohtuotsusele. See ei kehti, kui tingimuse kasutaja võib esitada hagi kohtuotsuse sundtäitmise lubamatuks tunnistamiseks.

§ 458. Otsuse jõustumismärge

(1) Otsuse jõustumist tõendava jõustumismärke väljastab menetlusosalise avalduse alusel ja kohtutoimiku põhjal asja lahendanud maakohtu kantselei. Märge kantakse kohtuotsuse ärakirjale või väljatrükile. Märge allkirjastatakse ja varustatakse kohtupitseriga.
(2) Jõustumismärke võib väljastada elektrooniliselt kohtu kodukorras selleks ette nähtud isik, kes varustab selle oma digitaalallkirjaga. Elektroonilist jõustumismärget ei varustata kohtupitseriga.
[RT I 2009, 67, 460 - jõust. 01.01.2010]
(3) Jõustumismärkeid väljastav kohus peab arvestust kohtuotsuste jõustumise kohta ja kohtu väljastatud jõustumismärgete kohta.
[RT I 2009, 67, 460 - jõust. 01.01.2010]
(4) Justiitsminister võib elektroonilise jõustumismärke vormi, selle väljastamise ja jõustumismärgete arvestuse kohta kehtestada määrusega täpsemaid nõudeid.
[RT I 2009, 67, 460 - jõust. 01.01.2010]

§ 459. Jõustunud otsuse muutmine korduvate kohustuste osas

(1) Pärast otsuse jõustumist, millega kostjalt mõisteti välja perioodilised maksed või kohustati kostjat täitma muid korduvaid kohustusi, on poolel õigus uues hagis nõuda maksete suuruse ja tähtaegade muutmist otsuses, kui:
1) oluliselt on muutunud maksete suurust või kestust mõjutavad asjaolud, mille alusel on tehtud nõude rahuldamise otsus ja
2) hagi esitamise aluseks olevad asjaolud on tekkinud pärast asja arutamise lõpetamist, mille kestel oleks võinud haginõuet suurendada või vastuväiteid esitada.
(2) Otsust võib muuta alates uue hagi esitamise ajast, välja arvatud juhul, kui seaduse kohaselt võib nõuda otsuse muutmist ka tagasiulatuvalt.

§ 460. Otsuse kehtivus õigusjärglaste kohta

(1) Jõustunud kohtuotsus kehtib ka isikute kohta, kes on saanud pärast hagi esitamist menetlusosaliste õigusjärglaseks. Otsus kehtib lisaks vaidlusaluse asja otsese valdaja suhtes, kes sai valduse selliselt, et üks pooltest või tema õigusjärglane on saanud asja kaudseks valdajaks.
(2) Otsus ei kehti menetlusosalise õigusjärglase suhtes, kes on omandanud vaidlusaluse eseme ega teadnud omandamise ajal kohtuotsusest või hagi esitamisest.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Koormatud kinnisasja võõrandamise puhul kehtib reaalkoormatisest või hüpoteegist tulenevat nõuet käsitlev otsus õigusjärglase suhtes ka siis, kui õigusjärglane ei olnud teadlik hagi esitamisest. Sundtäitmise käigus toimunud enampakkumise puhul kehtib otsus kinnisasja omandaja kohta üksnes juhul, kui hagi esitamisest teatati hiljemalt enne üleskutse tegemist pakkumiste esitamiseks.
(4) Käesoleva paragrahvi lõikes 3 sätestatut kohaldatakse ka laevakinnistusraamatusse kantud laevahüpoteegist ja tsiviilõhusõidukite registrisse kantud pandiõigusest tuleneva nõude suhtes tehtud kohtuotsusele.

§ 461. Otsuse täitmine

(1) Kohtuotsus täidetakse pärast jõustumist, välja arvatud juhul, kui kohtuotsus kuulub viivitamatule täitmisele.
(2) Kui otsuse kohaselt on võlgnikuks Eesti Vabariik või kohaliku omavalitsuse üksus, tuleb kohtuotsus täita hiljemalt 30 päeva jooksul otsuse jõustumise ajast alates, välja arvatud juhul, kui otsus kuulub viivitamatule täitmisele või otsus näeb ette teistsuguse tähtaja.
[RT I 2009, 68, 463 - jõust. 10.01.2010]
(3) Otsus täidetakse sissenõudja avalduse alusel.
(4) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 462. Jõustunud kohtuotsuse avalikustamine arvutivõrgus

(1) Jõustunud kohtuotsus avalikustatakse selleks ettenähtud kohas arvutivõrgus. See ei mõjuta otsuse jõustumist.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Andmesubjekti taotlusel või kohtu algatusel asendatakse jõustunud kohtuotsuses andmesubjekti nimi initsiaalide või tähemärgiga ning ei avalikustata tema isikukoodi, sünniaega, registrikoodi ega aadressi. Riigi- või kohaliku omavalitsuse asutuse, avalik-õigusliku juriidilise isiku või muu avaliku võimu kandja andmeid kohtulahendis ei varjata.
[RT I 2007, 12, 66 - jõust. 25.02.2007]
(3) Kohus avalikustab omal algatusel või andmesubjekti taotlusel arvutivõrgus üksnes otsuse resolutsiooni või ei avalikusta otsust, kui otsus sisaldab delikaatseid isikuandmeid ja kui otsuse isikuandmetega avalikustamine võib ka käesoleva paragrahvi lõikes 2 sätestatut järgides oluliselt kahjustada isiku eraelu puutumatust. Kohus lahendab taotluse määrusega.
[RT I 2007, 12, 66 - jõust. 25.02.2007]
(4) Kohus avalikustab omaalgatuslikult või huvitatud isiku taotlusel ainult jõustunud otsuse resolutsiooni, kui otsus sisaldab teavet, millele on seadusega ette nähtud muu juurdepääsupiirang.
(5) Maakohtu või ringkonnakohtu määruse peale, millega keelduti käesoleva paragrahvi lõigetes
2–4 nimetatud taotluse rahuldamisest, võib taotleja esitada määruskaebuse. Maakohtu määruse peale esitatud määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
[RT I 2007, 12, 66 - jõust. 25.02.2007]

2. jagu Kohtumäärus

§ 463. Kohtumäärus

(1) Määrusega lahendab kohus menetlusosaliste menetluslikud taotlused ning juhib ja korraldab menetlust. Seaduses sätestatud juhul võib kohus asja lahendada määrusega.
(2) Määrusele kohaldatakse vastavalt otsuse kohta sätestatut, kui seadusest või määruse olemusest ei tulene teisiti.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 464. Määruse tegemine

(1) Määruse võib teha kohtuistungit pidamata ja menetlusosalisi ära kuulamata, kui seaduses ei ole ette nähtud teisiti.
(2) Kohtuistungil võib kohus teha suulise või kirjaliku määruse. Suuline määrus kuulutatakse kohe ja protokollitakse. Kui kohtumääruse võib seaduse kohaselt edasi kaevata, tuleb määrus teha kirjalikult eesti keeles ja allkirjastada.
(3) Määrus, mida kohus ei tee kohtuistungil, tehakse kirjalikult. Kui kohtuistungil kuulutatud määruse terviklik vormistamine nõuab enam aega, võib kohus vormistamise kuni kümneks päevaks edasi lükata.
(4) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 465. Määruse sisu

(1) Määrusest peab nähtuma, kelle kohta on määrus tehtud ja mis on määruse sisu. (2) Kirjalikus määruses, mille peale saab esitada määruskaebuse, märgitakse:
1) määruse teinud kohtu nimetus ja kohtuniku nimi;
2) määruse tegemise aeg ja koht;
3) tsiviilasja number;
4) menetlusosaliste ja nende esindajate nimed, kui menetlusosalised on määruse tegemise ajal määratletavad;
5) menetluse, milles määrus tehakse, ese;
6) mille kohta määrus tehakse;
7) resolutsioon, samuti määruse edasikaebamise kord ning tähtaeg;
8) põhjendused, mille alusel kohus järeldusteni jõudis, samuti õigusaktid, millest kohus juhindus.
(3) Kui määrus tehakse avalikult teatavaks, märgitakse määruses ka selle avalikult teatavakstegemise aeg ja koht.
(4) Menetlusosaliste isiku- või registrikoodid ja aadressid märgitakse määruses üksnes juhul, kui see on eeldatavasti vajalik määruse täitmiseks. Füüsilise isiku isikukoodi puudumisel märgitakse määruses vajaduse korral tema sünniaeg. Juriidilise isiku registrikoodi puudumisel märgitakse määruses vajaduse korral viide juriidilise isiku õiguslikule alusele.

§ 466. Määruse teatavakstegemine ja jõustumine

(1) Täitedokumendiks olevad määrused ja määrused, mille peale saab esitada määruskaebuse, toimetatakse menetlusosalistele kätte. Muud menetlusosalist puudutavad kirjalikud määrused tehakse menetlusosalistele teatavaks kohtu valitud viisil.
(2) Määrused, millega kohus jätab hagi läbi vaatamata või lõpetab menetluse, tehakse ka avalikult teatavaks kohtuotsuse avalikult teatavakstegemise korras.
(3) Määrus, mille peale saab esitada määruskaebuse, jõustub, kui seaduse järgi ei saa määruse peale enam edasi kaevata või kui määruskaebus jäetakse jõustunud lahendiga rahuldamata või läbi vaatamata. Muu määrus jõustub kättetoimetamisest või teatavakstegemisest, kui seaduses ei ole ette nähtud teisiti.
(4) Arvutivõrgus tehakse avalikult teatavaks üksnes jõustunud määrus, millega menetlus lõpetatakse või hagi läbi vaatamata jäetakse.

3. jagu Kohtulahendi viivitamatu täitmine

§ 467. Viivitamatu täitmine

(1) Viivitamata täidetavaks tunnistatud kohtuotsus täidetakse enne otsuse jõustumist. Kohus tunnistab otsuse viivitamata täidetavaks otsuses endas või määrusega.
(2) Viivitamata täidetavaks ei või tunnistada kohtuotsust abielu- ja põlvnemisasjas, välja arvatud abieluga seotud varalises vaidluses.
(3) Pärast apellatsioonitähtaja möödumist otsustab esimese astme kohtu edasikaevatud otsuse viivitamata täidetavaks tunnistamise ringkonnakohus.
(4) Pärast kassatsioonitähtaja möödumist otsustab ringkonnakohtu edasikaevatud otsuse viivitamata täidetavaks tunnistamise Riigikohus.
(5) Kohtumäärus kuulub viivitamatule täitmisele, kui seadusest ei tulene teisiti.

§ 468. Viivitamatu täidetavus tagatiseta

(1) Kohus tunnistab omal algatusel tagatiseta viivitamata täidetavaks:
1) hagi õigeksvõtul põhineva otsuse;
2) tagaseljaotsuse;
3) otsuse, mis tehakse dokumendimenetluses;
4) valduse rikkumise kõrvaldamiseks või edasise rikkumise ärahoidmiseks või valduse taastamiseks asjaõigusseaduse §-de 44 ja 45 järgi tehtud otsuse.
(2) Käesoleva paragrahvi lõike 1 punktides 3 ja 4 nimetatud juhul otsuse viivitamata täidetavaks tunnistamise korral määrab kohus ka tagatise, mille andmisel otsust viivitamata ei täideta.
(3) Elatise väljamõistmise otsuse või kehavigastusega või muu tervisekahjustusega tekitatud kahju hüvitamise otsuse tunnistab kohus hageja taotlusel viivitamata täidetavaks hagejale hädavajalikus ulatuses.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 469. Viivitamatu täidetavus tagatise vastu

(1) Käesoleva seadustiku §-s 468 nimetamata otsuse tunnistab kohus poole taotlusel viivitamata täidetavaks tingimusel, et see pool annab täitmise tagatise. Taotluse võib esitada nii enne otsuse tegemist kui pärast seda.
(2) Viivitamatu täitmise tagatis peab katma kahju, mis võib võlgnikule tekkida otsuse viivitamatust täitmisest või täitmise vältimiseks abinõude rakendamise tõttu.
(3) Kui pool ei suuda käesoleva paragrahvi lõikes 2 nimetatud ulatuses tagatist anda, võib kohus tema taotlusel ta tagatise andmise kohustusest vabastada, tagatist vähendada, määrata selle tasumise osade kaupa või tunnistada otsuse viivitamata osaliselt täidetavaks, kui täitmise edasilükkamine oleks sissenõudja suhtes ebaõiglane, eelkõige kui see raskendaks oluliselt tema eluliste vajaduste rahuldamist, majandus- või kutsetegevust või põhjustaks muu suure kahju.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 470. Viivitamatu täitmise määrusega lahendamine

(1) Kui viivitamatut täitmist otsusega ei lahendatud või kui taotlus on esitatud pärast otsuse tegemist, vaadatakse poole taotlus otsuse viivitamatu täitmise kohta läbi kohtuistungil, välja arvatud juhul, kui asi lahendati kohtuistungit pidamata. Taotlus lahendatakse määrusega.
(2) Otsuse viivitamatu täitmise taotluse esitamise korral toimetab kohus taotluse vastaspoolele kätte ja annab talle võimaluse taotluse suhtes seisukoht võtta.
(3) Menetlusosalistele teatatakse viivitamatu täitmise avalduse lahendamise kohtuistungi aeg ja koht, kui avaldus tuleb lahendada istungil, kuid nende puudumine ei takista viivitamatu täitmise lahendamist.
(4) Maakohtu või ringkonnakohtu määruse peale viivitamatu täitmise kohta võib esitada määruskaebuse. Maakohtu määruse peale esitatud määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
(5) Määruskaebuse esitamine otsuse viivitamata täidetavaks tunnistamise määruse peale ei peata otsuse viivitamatut täitmist.

§ 471. Tagatise tagastamine

Otsuse viivitamatut täitmist taotlenud poole avaldusel määrab tagatise andmise otsustanud kohus tagatise tagastamise, kui esitatakse tõend viivitamata täidetavaks tunnistatud otsuse jõustumise kohta. Kui tagatiseks oli käendus või garantii, määrab kohus selle lõppemise.

§ 472. Viivitamata täitmisele kuuluva lahendi vaidlustamine

(1) Kui viivitamata täitmisele kuuluva lahendi peale esitatakse apellatsioonkaebus või määruskaebus, võib ringkonnakohus, määruskaebuse korral ka maakohus põhistatud avalduse alusel määrata, et:
[RT I 2008, 59, 330 - jõust. 01.01.2009]
1) lahendi täitmine peatatakse tagatiseta või tagatise vastu;
2) lahendi täitmine võib jätkuda üksnes tagatise vastu;
3) täitetoiming tühistatakse tagatise vastu.
(2) Tagatise andmiseta võib kohus täitemenetluse käesoleva paragrahvi lõikes 1 nimetatud juhul peatada menetlusabi andmiseks ettenähtud korras üksnes juhul, kui võlgnik põhistab, et ta ei suuda tagatist anda ja lahendi täitmisega kaasneb kahju, mida ei saa ilmselt hüvitada.
(3) Kui viivitamata täidetavaks tunnistatud tagaseljaotsusele esitatakse kaja, lahendab käesoleva paragrahvi lõikes 1 nimetatud avalduse kaja läbivaatav kohus. Täitemenetlus tagaseljaotsuse põhjal peatatakse ainult tagatise vastu.
(4) Viivitamata täitmisele kuuluva lahendi peale kassatsioonkaebuse või määruskaebuse esitamisel Riigikohtule peatab Riigikohus võlgniku põhistatud avalduse alusel täitemenetluse, kui täitmine põhjustaks võlgnikule olulise kahju ning viivitamata täitmist ei õigusta ka sissenõudja huvid.

§ 473. Viivitamatu täitmise vältimine võlgniku poolt

(1) Kohus võib võlgniku avalduse alusel määrata, et võlgnik võib vältida lahendi viivitamata täitmist kas tagatise andmisega või väljaandmisnõude sundtäitmise korral väljanõutava eseme hoiustamisega selleks ettenähtud kontol või kohtutäituri juures, kui sissenõudja enne täitmist tagatist ei anna.
[RT I, 31.01.2014, 6 - jõust. 01.04.2014]
(2) Tagatis, mille vastu lahendi viivitamata täitmist välditakse, peab katma võimaliku kahju, mis sissenõudjale võib tekkida lahendi viivitamatust täitmata jäämisest.

§ 474. Viivitamata täitmisele kuuluva lahendi tühistamine ja muutmine

(1) Viivitamata ei või täita lahendit, mille tühistamise või muutmise lahend on avalikult teatavaks tehtud. Lahendi muutmise korral võib viivitamata täita muutmata jäänud osa.
(2) Kui viivitamata täitmisele kuuluvat lahendit muudetakse või lahend tühistatakse, peab sissenõudja tagastama võlgnikule viivitamatu sundtäitmisega saadu ja hüvitama võlgnikule sundtäitmise vältimiseks tehtud kulutused. Võlgnik võib nõuda ka seda ületava kahju hüvitamist.
(3) Kui viivitamata täitmisele kuuluvat ringkonnakohtu lahendit varalises vaidluses muudetakse või lahend tühistatakse, võib võlgnik nõuda lahendi alusel makstu või üleantu tagastamist sisenõudjalt käesoleva paragrahvi lõikes 2 sätestatu asemel alusetu rikastumise sätete kohaselt.
Alusetu rikastumise väljaandmise hagi lahendamisel loetakse, et saaja teadis asjaoludest, mis annavad aluse saadu tagasinõudmiseks.
(4) Sissenõudja antud tagatis võlgnikule tekkiva kahju hüvitamiseks tagastatakse sissenõudjale, kui võlgnik ei ole esitanud hagi kahju hüvitamiseks või alusetu rikastumise väljanõudmiseks kahe kuu jooksul viivitamata täitmisele kuuluva lahendi tühistamise või muutmise jõustumisest alates.

11. osa HAGITA MENETLUS

48. peatükk ÜLDSÄTTED

§ 475. Hagita asjad

(1) Hagita asjad on:
1) maksekäsu kiirmenetlus;
2) üleskutsemenetlus;
3) isiku surnuks tunnistamine ja isiku surmaaja tuvastamine;
4) äraolija varale hoolduse seadmine;
5) piiratud teovõimega täisealisele isikule eestkostja määramine;
6) isiku paigutamine kinnisesse asutusse;
7) lähenemiskeelu ja muude sarnaste abinõude rakendamine isikuõiguste kaitseks;
8) hagita perekonnaasjad;
9) pärandi hoiumeetmete rakendamine;
10) registriasjad;
11) juriidilise isiku juhatuse ja nõukogu asendusliikme, audiitori, erikontrolli läbiviija ja likvideerija määramine;
12) äriühingu osanikele ja aktsionäridele hüvitise suuruse määramine;
121) juriidilise isiku sundlõpetamine; [RT I 2008, 59, 330 - jõust. 01.01.2009]
122) pankrotimenetluse algatamine, pankroti väljakuulutamine ja pankrotimenetlusega seotud asjad, mida ei saa lahendada hagimenetluses;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
13) korteriomandi ja kaasomandi asjad;
131) avalikult kasutatavale teele juurdepääsu ja tehnorajatise talumise asjad; [RT I 2008, 59, 330 - jõust. 01.01.2009]
14) välisriigi kohtulahendite tunnustamine ja täitmine;
141) kohtu lahendatavad asjad vahekohtumenetluses; [RT I 2008, 59, 330 - jõust. 01.01.2009]
15) kaebused kohtutäituri otsuste peale;
151) kaebused tööstusomandi apellatsioonikomisjoni otsuste peale; [RT I 2008, 59, 330 - jõust. 01.01.2009]
152) notari ametitoimingu tegemise taotluse lahendamine; [RT I 2010, 26, 128 - jõust. 14.06.2010]
16) väljaspool kohtumenetlust esitatud taotluse alusel riigi õigusabi andmise otsustamine ning väljaspool kohtumenetlust riigi õigusabi tasu ja riigi õigusabi kulude kindlaksmääramine
vastavalt riigi õigusabi seadusele;
17) muud seaduses hagita asjana sätestatud tsiviilasjad.
(2) Kohus vaatab hagita menetluses läbi ka teisi asju, mis seadusega on antud kohtu pädevusse ja mida ei saa läbi vaadata hagimenetluses.

§ 476. Hagita menetluse algatamine

(1) Hagita menetluse algatab kohus omal algatusel või huvitatud isiku või asutuse avalduse alusel.
(2) Seadusega ettenähtud juhul algatab kohus hagita menetluse üksnes selleks õigustatud isiku või asutuse avalduse alusel.

§ 477. Hagita asja läbivaatamine

(1) Hagita asja vaatab kohus läbi hagimenetluse sätete kohaselt, arvestades hagita menetluse kohta sätestatud erisusi.
(2) Kohus võib hagita asja läbi vaadata ja lahendada kohtuistungit pidamata, välja arvatud juhul, kui seadusega on sätestatud kohtuistungi korraldamise kohustus.
(3) Kohtuistungile kutsutud isikute puudumine ei takista asja läbivaatamist ja lahendamist, kui kohus ei määra teisiti. Hagita asja ei või lahendada tagaseljamäärusega.
(4) Menetlusosaline tuleb tema taotlusel ära kuulata, kui seadusest ei tulene teisiti. Isiku ärakuulamine toimub isiklikult ja suuliselt. Selleks ei pea korraldama kohtuistungit ja see ei pea toimuma teiste menetlusosaliste juuresolekul, kui seadusest ei tulene teisiti. Kohus võib isiku ära kuulata muu hulgas telefonitsi või lugeda ärakuulamiseks piisavaks isiku kirjaliku või elektrooniliselt esitatud seisukoha, kui kohtu arvates on sel viisil võimalik isikult saadavaid andmeid ja seisukohta piisavalt hinnata. Isiku ärakuulamine ja sellega seonduvad olulised asjaolud tuleb märkida menetlust lõpetavas määruses.
(5) Kohus ei ole seotud menetlusosaliste esitatud taotluste ega asjaoludega ega nende hinnanguga asjaoludele, kui seadusest ei tulene teisiti.
(6) Kui menetluse võib algatada üksnes avalduse alusel, võib avaldaja avalduse tagasi võtta sarnaselt hagiga hagimenetluses. Kompromissi võivad menetlusosalised hagita menetluses sõlmida juhul, kui nad saavad menetluse esemeks olevat õigust käsutada.
(7) Kohus peab kontrollima avalduse vastavust seadusele ja avalduse tõendatust ka juhul, kui avalduse kohta ei ole esitatud vastuväiteid. Vajaduse korral nõuab kohus avaldajalt tõendite esitamist või kogub neid omal algatusel.
(8) Menetlustoimingu protokollib kohus hagita menetluses üksnes siis, kui ta peab seda vajalikuks, ja ulatuses, milles peab seda vajalikuks. Menetlusosalistel ei ole õigust taotleda
protokolli parandamist vastavalt käesoleva seadustiku §-s 53 sätestatule. Vastuväiteid protokollile võib esitada asjas tehtud lahendi peale edasi kaevates. Kui protokolli ei koostata, tuleb menetlustoimingutega seotud olulised asjaolud märkida ära kohtulahendis.
(9) Avaldaja esitatud avaldus ning menetlusosaliste esitatud taotlused ja muud menetlusdokumendid, samuti kohtukutsed edastatakse hagita menetluses menetlusosalistele
kohtu valitud viisil. Toimikusse tuleb märkida edastamise viis. Menetlusdokumendid tuleb hagita menetluses menetlusosalistele kätte toimetada üksnes juhul, kui see on seaduses ette nähtud.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 4771. Esialgne õiguskaitse

(1) Esialgset õiguskaitset saab hagita menetluses kohaldada üksnes seaduses sätestatud juhul. (2) Kui esialgse õiguskaitse kohaldamine on seaduse järgi võimalik, võib seda teha, kui on vaja
olemasolevat olukorda või seisundit säilitada või ajutiselt reguleerida, kui seadusest ei tulene
teisiti. Esialgsele õiguskaitsele kohaldatakse hagi tagamise kohta sätestatut, kui seadusest ei tulene teisiti.
(3) Kui menetluse saab algatada üksnes avalduse alusel, võib kohus esialgset õiguskaitset kohaldada ning esialgse õiguskaitse määruse tühistada või seda muuta üksnes avalduse alusel, kui seadusest ei tulene teisiti.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 4772. Järelevalve kohtu nimetatud isikute üle

(1) Kui kohus on nimetanud hagita menetluses eestkostja, hooldaja, likvideerija või muu sellise isiku, teostab kohus nende isikute üle ka järelevalvet, kui seadusest ei tulene teisiti. Kohus võib selleks muu hulgas anda isikule ülesannete täitmise korraldusi ja nõuda temalt aruannet ülesannete täitmise kohta. Isik võib küsida kohtult ülesannete täitmise kohta selgitusi. Pärast ülesannete täitmist tuleb kohtule esitada selle kohta aruanne, kui kohus ei määra teisiti.
(2) Kohtu määratud isikut, kes ei täida oma ülesandeid nõuetekohaselt või ei järgi kohtu antud korraldusi, võib kohus trahvida ja isiku ametist vabastada. Isik võib sellise määruse peale esitada määruskaebuse.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 478. Hagita menetluses tehtav määrus ja selle jõustumine

(1) Hagita menetluse lahend on kohtumäärus. Kohtumäärusele kohaldatakse hagimenetluses tehtava kohtumääruse kohta sätestatut, kui seadusest ei tulene teisiti.
(2) Määrust ei pea põhjendama, kui sellega rahuldatakse avaldus ega kitsendata ühegi menetlusosalise õigusi. Seda ei kohaldata isiku kinnisesse asutusse paigutamise, lapsendamise ega eestkoste asjas, samuti juhul, kui on alust eeldada, et määrus kuulub tunnustamisele ja täitmisele väljaspool Eesti Vabariiki.
(3) Määrus jõustub vastavalt käesoleva seadustiku § 466 lõikes 3 sätestatule.
(4) Määrus hakkab kehtima ja kuulub täitmisele sõltumata jõustumisest viivitamata alates päevast, kui see tehakse teatavaks isikutele, kelle kohta määrus vastavalt selle sisule on tehtud, kui seadusest ei tulene teisiti. Kohus võib määrata, et määrus kuulub osaliselt või täielikult täitmisele alates hilisemast asjast, kuid mitte hiljem kui alates jõustumisest, kui seadusest ei tulene teisiti. Tehingu tegemiseks nõusoleku või heakskiidu andnud või isiku tahteavalduse asendanud määrus kuulub täitmisele alates jõustumisest.
(41) Kui määrus tehakse avalikult teatavaks, hakkab see kehtima ja kuulub täitmisele alates teatavakstegemisest, kui seadusest ei tulene teisiti.
[RT I, 06.12.2010, 1 - jõust. 05.04.2011]
(5) Hagita menetluses tehtavad isikule õiguse andvad või seda muutvad või selle lõpetavad määrused, muu hulgas isiku ametisse nimetamise ja tehingu tegemiseks nõusoleku andmise määrused, kehtivad kõigi isikute suhtes.
(6) Menetlusosalise taotlusel võib kohus hagita menetluses tehtud menetlust lõpetavat määrust selgitada, muutmata selle sisu, kui see on vajalik määruse täitmiseks ning selgitamiseks ei saa esitada käesoleva seadustiku § 368 lõikes 2 nimetatud hagi.
(7) Kohtumääruse peale, millega määrust selgitati või selgitamisest keelduti, võib esitada määruskaebuse. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 479. Määruse teatavakstegemine

(1) Hagita asjas tehakse määrus avalikult teatavaks üksnes seaduses ettenähtud juhul. Avalikult teatavaks tehtavad määrused avaldatakse käesolevas seadustikus otsuste avaldamiseks ettenähtud korras ka kohtu veebilehel ja mujal arvutivõrgus selleks määratud kohas vastavalt käesoleva seadustiku §-s 462 sätestatule. Ringkonnakohtu ja Riigikohtu hagita menetlust lõpetavad jõustunud määrused avaldatakse arvutivõrgus ka juhul, kui neid ei tehta avalikult teatavaks.
(2) Hagita menetluses tehtava määruse, mille peale saab esitada määruskaebuse, toimetab kohus kätte menetlusosalisele, kelle õigusi määrusega kitsendatakse. Kui asja võis lahendada avalduse alusel ja avaldus jäetakse rahuldamata, toimetatakse avalduse rahuldamata jätmise määrus avaldajale kätte.
(3) Käesoleva paragrahvi lõikes 2 nimetatud määrus tehakse selles sättes nimetamata menetlusosalistele teatavaks kohtu valitud viisil, muu hulgas suuliselt, ettelugemisega. Sama kehtib käesoleva paragrahvi lõikes 2 nimetamata määruste menetlusosalistele teatavaks tegemise kohta. Toimikusse tuleb märkida määruse teatavakstegemise viis. Menetlusosalisele tuleb
määrus tema taotlusel edastada ka kirjalikult. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 480. Määruse muutmine ja tühistamine

(1) Kohus võib muuta määrust, millega ta on andnud nõusoleku tehingu tegemiseks või tahteavalduse vastuvõtmiseks või on sellest keeldunud, või sellise määruse tühistada, kui seadusest ei tulene teisiti. Kohus võib määruse tühistada või seda muuta ka muul juhul, kui määrusel on kestev, mitte ühekordne toime ning selle aluseks olevad asjaolud või õiguslik olukord on oluliselt muutunud.
(2) Kui määruse võib teha üksnes avalduse alusel ja avaldus on jäetud rahuldamata, võib määrust muuta või selle tühistada üksnes avalduse alusel.
(3) Kui tühistatakse või muudetakse määrus, millega isik saab õiguse teha tehingut või võtta vastu tahteavaldust, muu hulgas tehingu tegemiseks kohtu nõusoleku andmise määrus, ei mõjuta see isiku poolt või tema suhtes enne tühistamist või muutmist tehtud tehingute kehtivust.
(4) Määruse muutmise ja tühistamise määruse kehtivusele ja täidetavusele ning selle peale määruskaebuse esitamisele kohaldatakse vastavalt määruse kohta sätestatut, kui seadusest ei tulene teisiti.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

49. peatükk MAKSEKÄSU KIIRMENETLUS

1. jagu Üldsätted

§ 481. Maksekäsu kiirmenetluse eeldused

(1) Teise isiku vastu esitatud eraõigussuhtest tuleneva kindla rahasumma maksmise nõude lahendab kohus avalduse alusel maksekäsu kiirmenetluses. See ei piira avaldaja õigust esitada nõue hagimenetluses, kuid mitte samaaegselt maksekäsu kiirmenetlusega.
(11) Maksekäsu kiirmenetlust ei kohaldata lepinguvälistele nõuetele, välja arvatud:
1) liikluskindlustuse seaduse §-dest 6 ja 48 tulenevad nõuded;
2) nõuded, mille kohta on võlgnik andnud võlatunnistuse või mille kohta on sõlmitud muu täitmiseks kohustav kokkulepe;
3) [kehtetu - RT I, 13.03.2014, 3 - jõust. 23.03.2014]
(2) Maksekäsu kiirmenetlust ei toimu, kui:
1) nõue ei ole avalduse esitamise ajal veel sissenõutav, välja arvatud käesoleva seadustiku §-s
367 nimetatud viivisenõuded või kui nõude esitamine sõltub vastastikuse kohustuse täitmisest ja kohustus ei ole veel täidetud;
[RT I 2006, 61, 457 - jõust. 01.01.2007]
2) [kehtetu - RT I 2008, 28, 180 - jõust. 15.07.2008]
3) nõude esemeks on mittevaralise kahju hüvitamine;
4) nõue esitatakse pankrotivõlgniku vastu;
5) nõue, mis on esitatud mitme võlgniku vastu, ei tulene samast alusest või kohustusest. [RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(21) Maksekäsu kiirmenetlust ei kohaldata kõrvalnõuetele ulatuses, mis ületab põhinõuet. [RT I 2008, 28, 180 - jõust. 15.07.2008]
(22) Maksekäsu kiirmenetlust ei toimu nõuete puhul, mille summa ületab 6400 eurot. See summa hõlmab nii põhi- kui ka kõrvalnõudeid.
[RT I 2010, 22, 108 - jõust. 01.01.2011]
(3) Elatisnõudeid võib maksekäsu kiirmenetluses esitada üksnes käesoleva peatüki 2. jaos sätestatud erisusi järgides.

§ 482. Maksekäsu kiirmenetluse avaldus

(1) Maksekäsu kiirmenetluse avaldus peab sisaldama vähemalt järgmisi andmeid:
1) poolte ja nende esindajate andmed;
2) kohtu andmed, kuhu avaldus esitatakse;
3) nõutav rahasumma, kusjuures eraldi tuleb märkida põhinõue ja kõrvalnõuded, viivise arvestamise korral viivise määr ja arvestamise kestus;
4) nõude aluseks olevate asjaolude lühikirjeldus;
5) tõendite lühikirjeldus, mida avaldaja saaks kasutada oma nõude tõendamiseks hagimenetluses;
6) kinnitus, et nõue on sissenõutav ega sõltu vastastikuse kohustuse täitmisest või et vastastikune kohustus on täidetud;
61) kinnitus, et avaldaja on esitanud andmed ausalt oma parimate teadmiste kohaselt ja on teadlik, et tahtlik valeandmete esitamine kohtule võib kaasa tuua kriminaalvastutuse;
[RT I 2008, 28, 180 - jõust. 15.07.2008]
7) kohtu, kes võib kohtualluvuse järgi maksekäsu esemeks oleva nõude lahendada hagimenetluses, korteriomandist või kaasomandist tulenevas asjas aga hagita menetluses, andmed.
(2) Kui avaldaja soovib, et makseettepanekule vastuväite esitamise korral menetlus lõpetataks, peab ta seda avalduses märkima.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(3) Kui maksekäsu kiirmenetluse avalduse esitab esindaja, peab ta avalduses kinnitama oma esindusõiguse olemasolu ja viitama esindusõiguse alusele.
(4) Maksekäsu kiirmenetluse avaldus esitatakse kohtule elektrooniliselt selliselt, et kohtul oleks seda võimalik töödelda, ja varustatuna avaldaja digitaalallkirjaga või muul sellesarnasel turvalisel viisil, mis võimaldab tuvastada avalduse saatja ja saatmise aja. Justiitsminister võib määrusega kehtestada maksekäsu avaldusele ja selle esitamisele ning menetlemisele täiendavaid vorminõudeid ning tehnilisi nõudeid.

§ 483. Avalduse lahendamine

(1) Kohus lahendab maksekäsu kiirmenetluse avalduse selle saamisest alates kümne tööpäeva jooksul.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(11) Maksekäsu kiirmenetlusele ei kohaldata käesolevas seadustikus menetluse peatamise kohta sätestatut.
[RT I 2009, 67, 460 - jõust. 01.01.2010]
(2) Kohus jätab maksekäsu kiirmenetluse avalduse määrusega rahuldamata, kui:
1) käesoleva seadustiku § 481 kohaselt ei ole maksekäsu kiirmenetlus lubatud; [RT I 2009, 67, 460 - jõust. 01.01.2010]
2) avaldus ei vasta käesoleva seadustiku §-s 482 sätestatud nõuetele;
3) makseettepanekut ei ole õnnestunud võlgnikule mõistliku aja jooksul kätte toimetada ja seda ei saa avalikult kätte toimetada ning avaldaja on sõnaselgelt väljendanud soovi vastuväite esitamise korral menetlus lõpetada;
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
31) avaldaja ei teavita kohut talle käesoleva seadustiku § 3151 lõike 2 alusel määratud tähtaja jooksul kättetoimetamise tulemustest;
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
4) ilmnevad käesolevas seadustikus sätestatud menetluse peatumise alused. [RT I 2009, 67, 460 - jõust. 01.01.2010]
(3) [Kehtetu - RT I 2008, 28, 180 - jõust. 15.07.2008]
(4) Kui avalduses esineva puuduse saab ilmselt kõrvaldada, annab kohus avaldajale tähtaja puuduse kõrvaldamiseks.
(5) Maksekäsu avalduse rahuldamata jätmise määruse peale ei saa edasi kaevata. Avalduse rahuldamata jätmine ei piira avaldaja õigust esitada nõue hagimenetluses või maksekäsu kiirmenetluses.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(6) Kui kiirmenetluses taotletud makseettepaneku kättetoimetamisega võlgnikule oleks järgitud tähtaega või katkestatud või peatatud aegumine, loetaks avalduse rahuldamata jätmisel tähtaeg järgituks või aegumine katkenuks või peatunuks maksekäsu kiirmenetluse avalduse esitamisest alates, kui asja lahendamist jätkatakse hagimenetluses või kui avaldaja esitab samas nõudes hagi
30 päeva jooksul maksekäsu kiirmenetluse avalduse rahuldamata jätmise määruse kättetoimetamisest alates ja hagi toimetatakse kostjale kätte.

§ 484. Makseettepanek kiirmenetluses

(1) Kui kohus maksekäsu kiirmenetluse avalduse rahuldab, teeb ta määrusega makseettepaneku. [RT I 2008, 28, 180 - jõust. 15.07.2008]
(2) Makseettepanekus peavad sisalduma vähemalt järgmised andmed:
1) käesoleva seadustiku § 482 lõikes 1 nimetatud avalduse andmed;
2) selgitus, et kohus ei ole põhjalikult kontrollinud, kas avaldaja võib nõude esitada;
3) ettepanek tasuda väidetav võlg koos viivise ja makseettepanekus nimetatud menetluskuludega makseettepaneku kättetoimetamisest alates 15 päeva jooksul, makseettepaneku välismaal kättetoimetamise korral 30 päeva jooksul, kui võlgnik loeb esitatud nõuet põhjendatuks, või
sama tähtaja jooksul kohtule teatada, kas ja millises ulatuses esitab võlgnik nõudele vastuväiteid; [RT I 2008, 28, 180 - jõust. 15.07.2008]
4) selgitus, et kohus võib makseettepaneku alusel koostada täitedokumendina maksekäsu, kui võlgnik ettenähtud tähtaja jooksul makseettepanekule vastuväidet ei esita;
5) selgitus, et maksekäsu kiirmenetluse avalduse esitamisega peatub nõude aegumistähtaeg samamoodi hagi esitamisega;
6) vastuväite esitamise juhuks teave, millisesse kohtusse asi menetleda antakse, koos märkega, et see kohus võib kontrollida, kas hagi talle allub.
(3) Makseettepaneku ja vastuväite blanketi toimetab kohus kätte võlgnikule ja teatab makseettepaneku edastamisest ka avaldajale. Vastuväite blanketi tüüpvormi kehtestab justiitsminister määrusega. Makseettepanekut ei või avalikult kätte toimetada füüsilisest isikust võlgnikule.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]

§ 4841. Makseettepaneku tegemine osade nõuete või nõude osa suhtes

(1) Kui maksekäsu tegemise eeldused on täidetud vaid osade nõuete või nõude osa suhtes, teatab kohus sellest avaldajale ja määrab talle tähtaja seisukoha avaldamiseks, kas teha makseettepanek märgitud ulatuses. Seejuures viitab kohus vastamise või vastamata jätmise tagajärgedele.
(2) Kui avaldaja nõustub kohtu ettepanekuga, tehakse makseettepanek nõude või selle osa suhtes, millega avaldaja nõustub. Muu osa suhtes jätab kohus maksekäsu avalduse rahuldamata.
(3) Kui avaldaja ei nõustu makseettepaneku tegemisega osade nõuete või nõude osa suhtes või ei vasta avaldusele kohtu määratud tähtaja jooksul, jätab kohus maksekäsu avalduse tervikuna rahuldamata.
[RT I 2008, 28, 180 - jõust. 15.07.2008]

§ 485. Vastuväite esitamine

(1) Võlgnik võib nõude või selle osa vastu esitada makseettepaneku teinud kohtule vastuväite makseettepaneku kättetoimetamisest alates 15 päeva jooksul, makseettepaneku välismaal kättetoimetamise korral 30 päeva jooksul.
[RT I 2008, 28, 180 - jõust. 15.07.2008]
(2) Vastuväite võib esitada makseettepanekule lisatud blanketil või muus vormis. Vastuväite põhjendamine ei ole vajalik.
(3) Kohus teatab avaldajale vastuväitest ja selle esitamise ajast.
(4) Kui avaldaja on sõnaselgelt väljendanud soovi vastuväite esitamise korral menetlus lõpetada, menetlus lõpetatakse.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]

§ 486. Kiirmenetluse muutumine hagimenetluseks

(1) Makseettepaneku koostanud kohus jätkab asja menetlemist hagimenetluses või annab asja hagimenetluses menetlemiseks üle maksekäsu kiirmenetluse avalduses nimetatud kohtule või poolte ühises taotluses nimetatud kohtule, kui:
1) võlgnik esitab õigel ajal makseettepanekule vastuväite ning avaldaja ei ole sõnaselgelt väljendanud soovi vastuväite esitamise korral menetlus lõpetada;
2) makseettepanekut ei ole õnnestunud võlgnikule mõistliku aja jooksul kätte toimetada ja seda ei saa avalikult kätte toimetada ning avaldaja ei ole sõnaselgelt väljendanud soovi vastuväite esitamise korral menetlus lõpetada;
3) avaldaja ja võlgnik on enne maksekäsu tegemist esitanud kohtule kirjaliku kompromissilepingu.
(2) Hagi loetakse hagimenetluse tähenduses esitatuks alates maksekäsu kiirmenetluse avalduse esitamisest.
(3) Korteriomandi ja kaasomandi asjas jätkatakse hagita menetlust, kui avaldaja ei ole taotlenud hagimenetluse läbiviimist või menetluse lõpetamist.
(4) Kohus menetleb kompromissilepingut käesoleva seadustiku §-des 430 ja 431 sätestatu kohaselt. Kui kohus kompromissi ei kinnita, jätkab ta asja menetlemist hagimenetluses käesoleva seadustiku §-s 487 sätestatu kohaselt.
(5) Makseettepaneku koostanud kohus annab asja menetlemist jätkavale kohtunikule üle ka teabe selle kohta, mis aadressi või sidevahendi andmete kaudu toimetati võlgnikule makseettepanek kätte, või käesoleva paragrahvi lõike 1 punktis 2 nimetatud juhul, mida on kohus või kohtutäitur teinud maksettepaneku kättetoimetamiseks. Asja hagimenetlusse ja hagita menetlusse üleandmise kohta tehakse märge maksekäsu infosüsteemi.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]

§ 487. Hagimenetluse alustamine

(1) Asja hagimenetluse korras menetlev kohus kohustab avaldajat esitama oma nõude ja põhjendama seda hagiavaldusele ettenähtud vormis 14 päeva jooksul, kui maksekäsu kiirmenetluse avaldus ei vasta hagiavalduse nõuetele. Korteriomandi ja kaasomandi asjas nõutakse nõude põhjendust ka asja edasi menetlemisel hagita menetluses.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(11) Kui võlgnik on makseettepanekule esitatud vastuväites tunnistanud avaldaja nõuet osaliselt, teeb asja hagimenetluse korras menetlev kohus määrusena maksekäsu selle summa sissenõudmise kohta, mida võlgnik tunnistab, ning jätkab ülejäänud osas asja menetlemist
hagimenetluses või hagita menetluses käesoleva paragrahvi lõigetes 1, 2 ja 3 sätestatu kohaselt. [RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(2) Pärast nõude põhjendamist jätkatakse menetlust nagu pärast hagi esitamist. Kostjale antakse nõude põhjenduse kättetoimetamisel ka tähtaeg hagile vastamiseks.
(3) Kui avaldaja ei esita nõude põhjendust õigel ajal, keeldub kohus määrusega hagi menetlusse võtmast.

§ 488. Vastuväite tagasivõtmine

Võlgnik võib kohtule esitatava avalduse alusel võtta makseettepaneku kohta esitatud vastuväite tagasi kuni hagile vastamiseni või hagimenetluses muu esimese menetlustoimingu tegemiseni. Vastuväite tagasivõtmise korral maksekäsu kiirmenetlus jätkub.

§ 4881. Menetluse lõpetamine võla tasumise korral

[RT I 2006, 61, 457 - jõust. 01.01.2007]

(1) Kui avaldaja kinnitab kohtule esitatud kirjalikus avalduses, et võlgnik on võla tasunud, lõpetab kohus määrusega maksekäsu kiirmenetluse. Avaldaja võib avalduse kohtule esitada kuni maksekäsu tegemiseni.
[RT I 2006, 61, 457 - jõust. 01.01.2007]
(11) Käesoleva paragrahvi lõikes 1 nimetatud määruse peale ei saa esitada määruskaebust. [RT I 2009, 67, 460 - jõust. 01.01.2010]
(2) [Kehtetu - RT I 2008, 28, 180 - jõust. 15.07.2008]

§ 489. Maksekäsu tegemine

(1) Kui võlgnik ei ole makseettepanekus nimetatud summat tasunud ega makseettepanekule õigeaegselt vastuväidet esitanud, teeb kohus määrusena maksekäsu summa sissenõudmise kohta. Kui asi on antud üle teisele kohtule, teeb maksekäsu see kohus.
(2) [Kehtetu - RT I 2009, 67, 460 - jõust. 01.01.2010]
(21) Kui avaldaja ja võlgnik on kohtule esitanud kirjaliku avalduse võla tasumiseks osade kaupa ning lisanud avaldusele maksegraafiku makseettepanekus märgitud võla tasumiseks, võib kohus kinnitada maksekäsu tegemisega koos maksegraafiku. Maksegraafik peab sisaldama võla tasumise tähtpäevi, osamaksete suurusi ja osamaksete tasumise korda, kuid ei tohi sisaldada muid tingimusi võla tasumiseks. Osamakse suurus märgitakse rahasummana. Koos maksekäsu tegemisega kinnitatud maksegraafik kehtib täitedokumendina. Maksegraafikule ja selle kinnitamisele kohtu poolt ei kohaldata käesolevas seadustikus kompromissi kohta sätestatut.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(22) Kui võlgnik on vastuväites tunnustanud makseettepanekut, kuid oma majandusliku olukorra tõttu ei suuda võlgnevust tasuda ja pooled ei jõua maksegraafiku sõlmimises kokkuleppele,
annab makseettepaneku koostanud kohus asja üle maksekäsu kiirmenetluse avalduses nimetatud kohtule asja menetluse jätkamiseks hagimenetluses.
[RT I 2009, 67, 460 - jõust. 01.01.2010]
(3) Kohus võib maksekäsu teha lihtsustatud vormis, täitepealdisena makseettepanekule. (4) [Kehtetu - RT I 2008, 28, 180 - jõust. 15.07.2008]
(5) Maksekäsus tuleb võlgnikule selgitada, et ta võib määruse kättetoimetamisest alates 15
päeva jooksul, maksekäsu välismaal kättetoimetamise korral 30 päeva jooksul esitada maksekäsu peale määruskaebuse. Võlgnikule selgitatakse, et määruskaebuse esitamine on võimalik üksnes käesoleva seadustiku § 4891 lõikes 2 nimetatud juhtudel.
[RT I 2009, 68, 463 - jõust. 10.01.2010]
(6) Maksekäsk toimetatakse võlgnikule kätte ja sellest teavitatakse ka avaldajat. [RT I 2006, 61, 457 - jõust. 01.01.2007]
(7) Maksekäsk kuulub viivitamata täitmisele sõltumata maksekäsu kättetoimetamisest võlgnikule.
[RT I 2008, 28, 180 - jõust. 15.07.2008]
(8) [Kehtetu - RT I 2008, 28, 180 - jõust. 15.07.2008]

§ 4891. Määruskaebuse esitamine maksekäsu peale

(1) Maksekäsu peale võib võlgnik esitada 15 päeva jooksul, maksekäsu välismaal kättetoimetamise korral 30 päeva jooksul alates maksekäsu kättetoimetamisest määruskaebuse. Kui maksekäsk toimetatakse kätte avalikult, võib määruskaebuse esitada 30 päeva jooksul alates päevast, kui võlgnik sai maksekäsust või selle täitmiseks algatatud täitemenetlusest teada.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(2) Võlgniku määruskaebus võib tugineda ühele järgmistest asjaoludest: [RT I 2006, 61, 457 - jõust. 01.01.2007]
1) makseettepanek toimetati võlgnikule kätte muul viisil kui isiklikult allkirja vastu üleandmisega või elektrooniliselt ja võlgniku süüta ei toimetatud seda kätte õigel ajal ning seetõttu ei olnud võlgnikul võimalik esitada õigeks ajaks vastuväidet;
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
2) võlgnik ei saanud vastuväidet makseettepanekule esitada temast sõltumatu mõjuva põhjuse tõttu;
[RT I 2006, 61, 457 - jõust. 01.01.2007]
3) maksekäsu kiirmenetluse eeldused ei olnud täidetud või rikuti muul olulisel viisil maksekäsu kiirmenetluse tingimusi või nõue, mille sissenõudmiseks maksekäsu kiirmenetlus läbi viidi, on selgelt põhjendamatu.
[RT I 2008, 28, 180 - jõust. 15.07.2008]
(21) Maksekäsu peale võib võlgniku seaduslik esindaja või võlgniku üldõigusjärglane esitada kahe kuu jooksul maksekäsust teadasaamisest arvates määruskaebuse, kui on ilmnenud peatumise alus, mis kohtulahendi tegemise ajal oli olemas, kuid ei olnud ega võinud olla kohtule teada. Määruskaebuse esitaja peab tuginema ühele käesoleva paragrahvi lõikes 2 nimetatud asjaoludest.
[RT I 2009, 67, 460 - jõust. 01.01.2010]
(3) Maksekäsu peale määruskaebuse esitamise puhul võib kohus peatada täitemenetluse või teha muid toiminguid käesoleva seadustiku §-s 472 sätestatud korras.
[RT I 2006, 61, 457 - jõust. 01.01.2007]
(4) Kui kohus määruskaebuse rahuldab, tühistab ta määrusega maksekäsu. Maksekäsu tühistamise korral lõpetab kohus maksekäsu kiirmenetluse või alustab hagimenetlust. Maksekäsu tühistamine ei piira avaldaja õigust esitada nõuet hagimenetluses.
[RT I 2009, 67, 460 - jõust. 01.01.2010]
(5) Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
[RT I 2006, 61, 457 - jõust. 01.01.2007]

§ 4892. Kohtunikuabi pädevus maksekäsu kiirmenetluses ja määruste tegemine automatiseeritult

(1) Makseettepaneku, maksekäsu ja maksekäsu kiirmenetlusega seotud muu määruse, muu hulgas käesoleva seadustiku §-s 179 nimetatud määruse, võib teha ka kohtunikuabi.
(2) Käesoleva paragrahvi lõikes 1 nimetatud määruse võib teha ka automatiseeritult kohtu infosüsteemi vahendusel, kui on tagatud määruse tegemise eelduste automaatne kontrollimine. Sel juhul ei pea määrus olema allkirjastatud.
[RT I 2008, 28, 180 - jõust. 15.07.2008]

§ 490. [Kehtetu - RT I 2006, 61, 457 - jõust. 01.01.2007]

§ 4901. Euroopa Parlamendi ja nõukogu määruse (EÜ) nr 1896/2006 rakendamine

(1) Käesolevas seaduses maksekäsu kiirmenetluse kohta sätestatut kohaldatakse ka Euroopa Parlamendi ja nõukogu määruse (EÜ) nr 1896/2006, millega luuakse Euroopa maksekäsumenetlus (ELT L 399, 30.12.2006, lk 1–32), alusel läbiviidava maksekäsu kiirmenetluse läbiviimisel ulatuses, milles see ei ole reguleeritud nimetatud määruses.
(2) Euroopa maksekäsu täidetavaks tunnistamiseks on pädev maksekäsu teinud maakohus käesolevas jaos maksekäsu tegemiseks ettenähtud korras, kui käesoleva paragrahvi lõikes 1 nimetatud määrusest ei tulene teisiti. Täidetavaks tunnistatud Euroopa maksekäsku saab vaidlustada käesoleva seadustiku §-s 4891 sätestatud korras määruskaebuse esitamisega. [RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(3) Käesoleva paragrahvi lõikes 1 nimetatud määruse artikli 21 lõike 2 punkti b kohaselt võetakse Euroopa maksekäsk Eestis täitmisele üksnes juhul, kui see on koostatud eesti või inglise keeles või kui maksekäsule on lisatud eesti- või ingliskeelne tõlge.
(4) Euroopa maksekäsk kuulub Eestis täitemenetluses täitmisele ja võlgniku õiguskaitsevahenditele kohaldatakse Eestis täitemenetluse kohta sätestatut niivõrd, kuivõrd käesoleva paragrahvi lõikes 1 nimetatud määruses ei ole ette nähtud teisiti.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

2. jagu Maksekäsu kiirmenetlus lapse elatisnõudes

§ 491. Kiirmenetlus lapse elatisnõudes

(1) Kohus lahendab maksekäsu kiirmenetluses ka alaealisest lapsest lahus elavalt vanemalt lapsele elatise nõudmise avalduse. Maksekäsu kiirmenetluses ei või nõuda elatise maksmist tagasiulatuvalt. See ei välista elatise tagasiulatuvat nõudmist seaduses sätestatud ulatuses hagimenetluses.
[RT I 2008, 28, 180 - jõust. 15.07.2008]
(11) Maksekäsu kiirmenetlust käesoleva paragrahvi lõikes 1 nimetatud alusel ei toimu, kui võlgnik ei ole kantud lapse vanemana lapse sünniakti.
[RT I 2006, 61, 457 - jõust. 01.01.2007]
(2) Maksekäsu kiirmenetlust käesoleva paragrahvi lõikes 1 nimetatud alusel ei toimu, kui nõutav elatis ületab 200 eurot kuus.
[RT I 2010, 22, 108 - jõust. 01.01.2011]
(3) Lapse elatisnõudes toimuva maksekäsu kiirmenetlusele kohaldatakse maksekäsu kiirmenetluse kohta üldiselt sätestatut, kui käesolevas jaos sätestatust ei tulene teisiti.

§ 492. Maksekäsu kiirmenetluse avaldus

Lapse elatisnõudes toimuva maksekäsu kiirmenetluse avalduses peavad sisalduma vähemalt järgmised andmed:
1) poolte ja nende esindajate andmed;
2) kohtu andmed, kuhu avaldus esitatakse;
3) lapse sünniaeg;
4) aeg, millest alates elatist nõutakse;
5) [kehtetu - RT I 2005, 39, 308 - jõust. 01.01.2006]
6) nõutava elatise suurus;
7) lapse sünniakti või sünnitunnistuse andmed ja kinnitus, et võlgnik on lapse vanemana lapse sünniakti kantud;
[RT I 2008, 28, 180 - jõust. 15.07.2008]
8) kinnitus, et võlgnik ei osale lapse ülalpidamises; [RT I 2006, 61, 457 - jõust. 01.01.2007]
9) kinnitus, et maksekäsu kiirmenetluseks ei ole seaduslikku takistust.

§ 493. Makseettepanek lapse elatisnõude kiirmenetluses

Lapse elatisnõude kiirmenetluses tehtavas makseettepanekus peavad sisalduma vähemalt järgmised andmed:
1) käesoleva seadustiku §-s 492 nimetatud avalduse andmed;
2) selgitus, et kohus ei ole kontrollinud, kas avaldaja võib nõude esitada;
3) aeg, millest alates ja millises suuruses võib elatist välja mõista;
4) selgitus, et kui võlgnik ei esita makseettepanekule põhistatud vastuväidet makseettepaneku kättetoimetamisest alates 15 päeva jooksul, makseettepaneku välismaal kättetoimetamise korral
30 päeva jooksul, võib kohus teha täitedokumendina maksekäsu; [RT I 2008, 28, 180 - jõust. 15.07.2008]
5) vastuväited, mida võlgnik võib vastavalt seadusele makseettepanekule esitada;
6) selgitus selle kohta, et võlgnik võib esitada elatise maksmise võimatusele või piiratud võimalusele tugineva vastuväite üksnes juhul, kui vastuväitele on ettenähtud vormis lisatud kinnitus võlgniku vara, sissetuleku ja majandusliku seisundi kohta ning sellele on lisatud vastavad tõendid.

§ 494. Vastuväite esitamine

(1) Võlgnik võib makseettepaneku teinud kohtule esitada elatisnõude või selle osa vastu põhistatud vastuväite makseettepaneku kättetoimetamisest alates 15 päeva jooksul, makseettepaneku välismaal kättetoimetamise korral 30 päeva jooksul.
[RT I 2008, 28, 180 - jõust. 15.07.2008]
(2) Võlgnik võib esitada elatisnõudele üksnes vastuväite selle kohta, et:
1) ta ei ole lapse vanem;
2) ta elab lapsega koos ja osaleb lapse ülalpidamises;
3) ta on täitnud oma ülalpidamiskohustust;
4) maksekäsu kiirmenetlus ei ole seaduse järgi lubatud;
5) aeg, millest alates elatise maksmist nõutakse, on määratud ebaõigesti;
6) elatise suurus on määratud ebaõigesti.
(3) [Kehtetu - RT I 2008, 28, 180 - jõust. 15.07.2008] (4) [Kehtetu - RT I 2005, 39, 308 - jõust. 01.01.2006]
(5) Võlgnikul on õigus esitada elatise maksmise võimatusele või piiratud võimalusele tuginev vastuväide üksnes juhul, kui ta ühtlasi esitab justiitsministri määrusega kehtestatud vormis andmed oma sissetuleku, vara ja majandusliku seisundi kohta ning lisab sellele vastavad tõendid.
(6) Kohus teatab avaldajale vastuväitest ja selle esitamise ajast. Kui vastuväide välistab täielikult või osaliselt elatisnõude rahuldamise maksekäsu kiirmenetluses, jätkub nõude lahendamine hagimenetluses, kui avaldaja ei ole soovinud sel juhul menetluse lõpetamist.

§ 495. Võlgniku vastuväited hagimenetluses

Kui elatisnõue lahendatakse hagimenetluses, loetakse võlgniku vastuväited elatisnõudele kostja hagi vastuseks. Kohus annab kostjale vajaduse korral täiendava tähtaja hagile vastamiseks, muu hulgas, kui hageja oma nõuet muudab või täiendavalt põhjendab.

§ 496. Maksekäsk

(1) Kui võlgnik ettenähtud tähtaja jooksul elatisnõude kohta vastuväidet ei esita või kui ta esitab vastuväite, mida maksekäsu kiirmenetluses ei saa esitada, või kui vastuväide on põhistamata,
teeb kohus määrusena maksekäsu, milles kohustab võlgnikku elatist määratud suuruses tasuma. (2) [Kehtetu - RT I 2008, 28, 180 - jõust. 15.07.2008]
(3) Määruses tuleb märkida ka avaldaja õigus nõuda edaspidi elatise muutmist hagiga. [RT I 2006, 61, 457 - jõust. 01.01.2007]
(4) Elatisnõudega maksekäsu peale võib võlgnik esitada 15 päeva jooksul, maksekäsu välismaal kättetoimetamise korral 30 päeva jooksul alates maksekäsu kättetoimetamisest määruskaebuse. Elatisnõudega maksekäsu peale määruskaebuse esitamisele ja selle lahendamisele kohaldatakse maksekäsu kohta üldiselt sätestatut.
[RT I 2009, 68, 463 - jõust. 10.01.2010]
(5) [Kehtetu - RT I 2008, 28, 180 - jõust. 15.07.2008]

§ 497. Elatise muutmine

Kui elatisnõude aluseks olevad asjaolud muutuvad, võib kumbki pool nõuda elatise suuruse muutmist hagimenetluses.
[RT I 2005, 39, 308 - jõust. 01.01.2006]

50. peatükk ÜLESKUTSEMENETLUS

§ 498. Üleskutsemenetlus

Kohus võib seaduses ettenähtud juhul teha üleskutsemenetluses nõuete või muude õiguste esitamiseks avaliku üleskutse, mille tagajärjeks on nõudest või õigusest teatamata jätmise korral õiguse lõppemine või muu õiguslikult negatiivne tagajärg.

§ 499. Üleskutsemenetluse algatamine

(1) Kohus algatab üleskutsemenetluse üksnes põhistatud avalduse alusel. Kohus algatab üleskutsemenetluse üleskutsemäärusega, kui avalduse esitamine on lubatav.
(2) Üleskutsemääruses märgitakse vähemalt:
1) kohtu nimetus;
2) avaldaja andmed;
3) üleskutse puudutatud isikutele teatada kohtule nõuetest või muudest õigustest kohtu määratud ajaks;
4) nõudest või õigusest teatamata jätmise tagajärjed.
(3) Kohus võib ühendada mitu samaliigilist üleskutsemenetlust.
(4) Menetluse algatamisest keeldumise määruse peale võib avaldaja esitada määruskaebuse. Ringkonnakohtu määruse peale määruskaebuse kohta ei saa Riigikohtule edasi kaevata.
(5) Üleskutsemenetluse läbiviimiseks on pädev ka kohtunikuabi. [RT I 2005, 39, 308 - jõust. 01.01.2006]

§ 500. Üleskutse avaldamine ja üleskutse tähtaeg

(1) Üleskutse avaldatakse üleskutsemääruses nimetatud andmetega väljaandes Ametlikud Teadaanded. Kohus võib määrata, et üleskutse avaldatakse korduvalt või lisaks muus väljaandes või ringhäälingus.
(2) Üleskutsetähtaeg on vähemalt kuus nädalat enne nõuetest või muudest õigustest teatamise tähtpäeva, kui seaduses ei ole ette nähtud teisiti.

§ 501. Välistusmääruse tegemine

(1) Kui kohtu määratud ajaks ei ole kolmandad isikud oma nõuetest või muudest õigustest kohtule teatanud, teeb kohus avaldaja taotlusel välistusmääruse, millega välistatakse kolmandate isikute nõuded ja õigused.
(2) Enne välistusmääruse tegemist võib kohus korraldada asjaolude selgitamiseks istungi, muu hulgas võtta avaldaja väidete tõendamiseks talt vande all seletuse.
(3) Kui välistusmääruse tegemiseks esitatud avaldus jäetakse rahuldamata, võib avaldaja esitada määruse peale määruskaebuse.
(4) Kohus avaldab välistusmääruse resolutsiooni väljaandes Ametlikud Teadaanded. Kohus võib ette näha, et määruse resolutsioon avaldatakse korduvalt või muus väljaandes või ringhäälingus.

§ 502. Menetlus vastuväite esitamise korral

Kui kohtule esitatakse üleskutsetähtaja jooksul teade, millega vaidlustatakse avaldaja poolt avalduse põhjendusena esitatud õigus või teatatakse välistusmääruse tegemist takistavast nõudest või muust õigusest, peatab kohus üleskutsemenetluse kuni teatatu kohta lõpliku lahendi tegemiseni või teeb välistusmääruse, kuid reserveerib selles teatatud õiguse.

§ 503. Määruskaebuse esitamine

(1) Välistusmääruse peale võib huvitatud isik esitada määruskaebuse kolme kuu jooksul alates välistusmääruse avaldamisest väljaandes Ametlikud Teadaanded.
(2) Määruskaebus võib tugineda üksnes sellele, et:
1) välistusmäärus tehti juhul, kui seaduse kohaselt ei olnud üleskutsemenetlus lubatud;
2) üleskutset ei avaldatud või seda ei avaldatud seaduses ettenähtud viisil;
3) ei ole järgitud üleskutse avaldamise tähtaega;
4) välistusmääruse teinud kohtunik või kohtunikuabi oleks pidanud ennast asjas taandama; [RT I 2008, 59, 330 - jõust. 01.01.2009]
5) välistusmäärust tehes ei ole arvestatud esitatud nõude või muu õigusega.

§ 504. Hüpoteegipidaja õiguse välistamine

(1) Hüpoteegiga koormatud kinnisasja või laeva omanik või registerpandiga koormatud pandieseme omaja võib esitada avalduse teadmata hüpoteegipidaja õiguste välistamiseks asjaõigusseaduse § 331 või laeva asjaõigusseaduse § 59 järgi.
(2) Käesoleva paragrahvi lõikes 1 nimetatud avaldaja peab enne menetluse algatamist põhistama, et püüdlustest hoolimata ei ole tal õnnestunud välja selgitada, kes on hüpoteegi- või registerpandi pidaja või nende õigusjärglane või kas hüpoteegi- või registerpandi pidaja õigusi on kohtulahendiga juba tunnustatud.
(3) Avaldaja peab hüpoteegiga või registerpandiga tagatud nõude rahuldamiseks enne menetluse algatamist hoiustama selleks ettenähtud kontol hüpoteegisumma.
[RT I, 31.01.2014, 6 - jõust. 01.04.2014]
(4) Üleskutses tuleb hüpoteegi- või registerpandi pidajat hoiatada, et pärast hüpoteegi- või registerpandisumma hoiustamist ei rahuldata tema nõuet kinnisasjast, laevast või registerpandiga tagatud esemest, vaid hoiustatud summast, ja tema õigus sellele lõpeb, kui ta ei ole endast välistusmääruse tegemisest alates viie aasta jooksul hoiustamiskohta teatanud.
[RT I 2009, 30, 178 - jõust. 01.10.2009]

§ 505. Märkega õigustatud isikute välistamine

(1) Paragrahvis 504 sätestatut kohaldatakse ka üleskutsemenetlusele, mille eesmärk on eelmärkega, keelumärkega, ostueesõigusega või reaalkoormatisega õigustatud isikute kinnistusraamatusse või laevakinnistusraamatusse kantud õiguste välistamine.
(2) Käesoleva paragrahvi lõikes 1 nimetatud avalduse võib esitada ka isik, kes võib samal või tagapoolsel järjekohal oleva õiguse alusel nõuda täitedokumendi alusel oma nõude rahuldamist kinnisasja või laeva arvel. Üleskutse avaldamisest teatab kohus ka kinnisasja või laeva omanikule.

§ 506. Väärtpaberi kehtetuks tunnistamise avaldus

(1) Väärtpaberi kadumise, hävimise või kahjustumise korral võib esitajaväärtpaberi või blankoüleandepealdisega üleantava väärtpaberi senine omaja või muu väärtpaberi puhul väärtpaberist tulenevat õigust teostada sooviv isik esitada avalduse väärtpaberi üleskutsemenetluses kehtetuks tunnistamiseks.
(2) Käesoleva paragrahvi lõikes 1 nimetatud avalduses võib väärtpaberi kaotanud isik nõuda väärtpaberi väljaandjalt ka uue samasisulise väärtpaberi väljastamist temale.
(3) Avalduses märgitakse kaotatud dokumendi eritunnused ja dokumendi väljaandnud isiku nimi ning dokumendi kaotamise asjaolud.
(4) Avaldaja peab põhistama, et tema oli väärtpaberi omanik enne selle kadumist või hävimist. Ta peab põhistama ka väärtpaberi hävimist või kahjustumist.
(5) Kahjustumise korral tuleb esitada kahjustunud dokument. Võimaluse korral tuleb ka muul juhul lisada avaldusele dokumendi ärakiri.
(6) Avalduse saanud kohus teeb avaldaja taotlusel määruse, millega keelab dokumendi väljaandjal ja dokumendis nimetatud maksjatel teha väärtpaberi alusel väljamakseid. Kohus tühistab määruse, kui menetlus on lõppenud.

§ 507. Väärtpaberi kehtetuks tunnistamise menetluse erisused

(1) Väärtpaberi kehtetuks tunnistamise kavatsuse kohta esitatud üleskutses avaldab kohus muu hulgas väärtpaberi nimetuse ja eritunnused ning väärtpaberi väljastaja nime ja teeb väärtpaberi valdajale ettepaneku teatada valdusest ja oma õigustest kohtule. Avaldatakse ka hoiatus, et õigustest teatamata jätmise korral tunnistatakse väärtpaber kehtetuks ning et võimalik on ka keelata väärtpaberi alusel maksete tegemine.
(2) Isik, kelle käes on väärtpaber, peab sellest viivitamata kohtule teatama ning kohtule väärtpaberi esitama.
(3) Kui kaotatud väärtpaber esitatakse kohtule nelja kuu jooksul viimasest üleskutse avaldamisest alates, jätab kohus väärtpaberi kehtetuks tunnistamise avalduse rahuldamata ning tühistab väärtpaberi alusel maksete tegemise keelu. Määruses selgitab kohus avaldajale tema võimalikke õigusi dokumendi valdaja vastu. Eelnevalt annab kohus avaldajale võimaluse esitatud väärtpaberiga tutvuda.
(4) Kui kohtule väärtpaberi kadumise teate viimasest avaldamisest alates nelja kuu jooksul väärtpaberist ei teatata või kui kohus tuvastab, et väärtpaber on hävinud või riknenud sel määral, et seda ei saa enam kasutada, tunnistab kohus väärtpaberi välistusmäärusega kehtetuks.

§ 508. Väärtpaberi kehtetuks tunnistamise tagajärjed

(1) Väärtpaberi välistusmäärusega kehtetuks tunnistamise korral on avaldajal õigus kasutada väärtpaberi järgi kohustatud isiku suhtes väärtpaberist tulenevaid õigusi. Kui avalduses on taotletud uue väärtpaberi väljastamist, kohustab kohus väljaandjat väljastama uue samasisulise väärtpaberi.
(2) Väärtpaberi kehtetuks tunnistamise määruse tühistamise korral jäävad määruse alusel kohustatud isiku tehtud maksed või muud täidetud kohustused kehtima ka kolmandate isikute, muu hulgas makse saaja ja avaldaja suhtes, välja arvatud juhul, kui kohustatud isik teadis kohustuse täitmise ajal määruse tühistamisest.

51. peatükk ISIKU SURNUKS TUNNISTAMINE JA SURMAAJA TUVASTAMINE

§ 509. Surnuks tunnistamise avaldus

(1) Kohus algatab isiku surnuks tunnistamise menetluse üksnes avalduse alusel. Avalduse võib esitada isik või asutus, kellel on isiku surnuks tunnistamiseks õiguslik huvi, eelkõige:
1) teadmata kadunud isiku seaduslik esindaja või valla- või linnavalitsus;
2) teadmata kadunud isiku abikaasa või üleneja või alaneja sugulane;
3) Siseministeerium või siseministri volitatud Siseministeeriumi valitsemisala asutus. [RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(2) Isiku surnuks tunnistamise avalduses märgitakse, miks avaldaja on huvitatud isiku surnuks tunnistamisest, ja samuti asjaolud, mis põhistavad isiku surnuks tunnistamist.
(3) Isiku surnuks tunnistamise avalduse esitamiseks õigustatud isik võib avalduse alusel astuda menetlusse lisaks avaldajale. Avalduse esitamisega omandab ta avaldaja õigusliku seisundi.
(4) Siseministeerium või siseministri volitatud Siseministeeriumi valitsemisala asutus on kohustatud esitama avalduse isiku surnuks tunnistamiseks, kui eeldused teadmata kadunud isiku surnuks tunnistamiseks on ilmselt täidetud ja muu käesoleva paragrahvi lõikes 1 nimetatud isik ei ole surnuks tunnistamise avaldust esitanud.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]

§ 510. Toimingud eelmenetluses

(1) Pärast isiku surnuks tunnistamise avalduse menetlusse võtmist avaldab kohus väljaandes Ametlikud Teadaanded teate, milles kutsub teadmata kadunud isikut kohtu määratud tähtaja jooksul üles esitama kohtule andmed oma elusoleku kohta. Teates avaldatakse hoiatus võimalikust surnukstunnistamisest ja kutsutakse kõiki isikuid üles esitama kohtule andmeid isiku kohta, kelle surnuks tunnistamist taotletakse.
(2) Kohus võib teate avaldada ka korduvalt või peale väljaande Ametlikud Teadaanded ka muus väljaandes ja ringhäälingus.
(3) Kohus ei või määrata andmete esitamiseks lühemat tähtaega kui kuus nädalat, alates viimase teate väljaandes Ametlikud Teadaanded ilmumisest.
(4) Kui menetlust ei algatatud siseministri avalduse alusel, teatab kohus siseministrile menetluse algatamisest ning küsib temalt riigile teadaolevaid andmeid teadmata kadunud isiku kohta ning seisukohta isiku surnuks tunnistamise võimalikkuse kohta. Kohus võib koguda teadmata
kadunud isiku kohta andmeid ka omal algatusel, sõltumata sellest, kes esitas surnuks tunnistamise avalduse.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 511. Surnuks tunnistamise määrus

(1) Isiku surnuks tunnistamise määruses märgitakse isiku eeldatav surma aeg.
(2) Surnuks tunnistamise määrus avaldatakse väljaandes Ametlikud Teadaanded. Kohus võib määrata määruse avaldamise korduvalt ja muus väljaandes või ringhäälingus.
(3) Kohus toimetab avalduse rahuldamata jätmise määruse kätte avaldajale ning saadab siseministrile, kui viimane ei ole avaldaja, ning saadab isiku surnuks tunnistamise määruse avaldajale ja siseministrile. Surnuks tunnistamise määruse saadab kohus määruse jõustumisest alates kümne päeva jooksul perekonnaseisuasutusele isiku surmaandmete kandmiseks rahvastikuregistrisse.
[RT I 2009, 30, 177 - jõust. 01.07.2010]
(4) Isiku surnuks tunnistamise määrus jõustub ja kuulub täitmisele, kui selle peale määruskaebuse esitamise tähtaeg on möödunud. Määruskaebuse esitamise korral jõustub määrus ja kuulub täitmisele siis, kui määruskaebus on määrusega jäetud rahuldamata või läbi vaatamata ja see määrus on jõustunud.
(5) Surnuks tunnistamise määruse tühistamise või muutmise määrus avaldatakse käesoleva paragrahvi lõikes 2 ettenähtud viisil ja edastatakse käesoleva paragrahvi lõikes 3 nimetatud isikutele ja asutustele.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 512. Määruskaebuse esitamine

(1) Surnuks tunnistamise määruse peale võib esitada määruskaebuse väljaandes Ametlikud Teadaanded määruse avaldamisest alates 30 päeva jooksul. Surnuks tunnistamise avalduse rahuldamata jätmise määruse peale võib esitada määruskaebuse määruse kättetoimetamisest alates 30 päeva jooksul.
(2) Isiku surnuks tunnistamise määruse peale võib määruskaebuse esitada avaldaja või isik, kellel on õiguslik huvi surnuks tunnistamise tühistamise või surmaaja muutmise vastu. Surnuks tunnistamise avalduse rahuldamata jätmise määruse peale võib esitada määruskaebuse üksnes avaldaja.

§ 513. Isiku ilmumise või viibimiskoha teadasaamise tagajärjed

(1) Surnuks tunnistamise tühistamise avalduse võib esitada väljailmunud isik või Siseministeerium või siseministri volitatud Siseministeeriumi valitsemisala asutus isiku surnuks tunnistanud kohtule.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(2) Avalduses märgitakse isiku väljailmumist kinnitavad asjaolud, samuti andmed elusoleku või viibimiskoha kohta. Võimaluse korral kuulab kohus enne surnuks tunnistamise tühistamist ära isiku, kelle avalduse alusel isik surnuks tunnistati.
(3) Kohus saadab isiku surnuks tunnistamise tühistamise määruse ärakirja perekonnaseisuasutusele määruse jõustumisest alates kümne päeva jooksul. Isiku surnuks tunnistamise määruse tühistamise määrus on isiku perekonnaseisuandmetes muudatuse tegemise alus.
[RT I 2009, 30, 177 - jõust. 01.07.2010]
(4) Isiku surnuks tunnistamise määruse tühistamise määrust ei saa edasi kaevata. Surnuks tunnistamise määruse tühistamise avalduse rahuldamata jätmise määruse peale võib avaldaja esitada määruskaebuse.

§ 514. Surnuks tunnistatud isiku surmaaja muutmine

(1) Kui surnuks tunnistatud isik ei surnud ajal, mis tuvastati surnuks tunnistamise määrusega, võib iga isik, kellel on õiguslik huvi muu surmaaja tuvastamise vastu, nõuda surnuks tunnistamise määruse muutmist, kui asjaolu, millel määruse ebaõigsus põhineb, sai talle temast olenematul põhjusel teatavaks pärast seda, kui ta ei saanud seda enam esitada surnuks tunnistamise menetluses.
(2) Käesoleva paragrahvi lõikes 1 nimetatud avalduse võib esitada 30 päeva jooksul alates ajast, millal avaldaja sai asjaolust teada, kuid mitte enne surnuks tunnistamise määruse jõustumist ja mitte hiljem, kui viie aasta möödumisel surnuks tunnistamise määruse jõustumisest.
(3) Surnuks tunnistatud isiku surmaaja muutmise menetlusele kohaldatakse muus osas vastavalt surnuks tunnistamise menetluse kohta sätestatut. Surmaaja muutmise määrus edastatakse ka isikule, kelle avalduse alusel isik surnuks tunnistati.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 515. Surmaaja tuvastamine

(1) Isiku surmaaja tuvastamise menetlusele kohaldatakse surnuks tunnistamise kohta sätestatut, kui käesoleva paragrahvi lõigetes 2 ja 3 sätestatust ei tulene teisiti.
(2) Enne menetluse algatamist peab avaldaja esitama kohtule andmed, mis tõendavad isiku surma, samuti andmed, mis võimaldavad kohtul teha kindlaks isiku surmaaja. Muid andmeid peab avaldaja põhistama.
(3) Menetluse algatamisel avaldab kohus üleskutse kõigile isikutele, kes teavad andmeid isiku surmaaja kohta, teatada sellest kohtule määratud tähtaja jooksul. Kohus ei pea üleskutset avaldama, kui see ilmselt ei aita kaasa asjaolude selgitamisele.

52. peatükk ÄRAOLIJA VARALE HOOLDUSE SEADMINE

§ 516. Hoolduse seadmine

(1) Kohus määrab varale hooldaja, kui on vaja hoolitseda vara eest, mis kuulub:
1) teadmata kadunud isikule;
2) isikule, kelle viibimiskoht on teada, kuid kes ei saa tagasi pöörduda või muul põhjusel ei saa oma asjade eest hoolitseda.
(2) Kohus määrab äraolija varale hooldaja ka siis, kui isik on andnud käsundi või volikirja oma asjade ajamiseks, kuid on ilmnenud asjaolud, mis annavad põhjuse käsund või volitus tagasi võtta.
(3) Hoolduse seadmise määruses märgitakse isik, kelle varale hooldus seatakse, samuti isik, kes määratakse hooldajaks.
(4) Hoolduse seadmise määrus annab hooldajaks määratud isikule seaduses sätestatud ulatuses hooldatava vara käsutamise õiguse.
(5) Hooldaja kulude hüvitamisel kohaldatakse piiratud teovõimega täisealise isiku eestkostja kulude hüvitamise kohta sätestatut.

§ 517. Ajutise hooldaja määramine

(1) Kohus võib hoolduse seadmise avalduse määrusega tagada või rakendada esialgset õiguskaitset omal algatusel ja määrata muu hulgas varale ajutise hooldaja, kui on alust eeldada, et hoolduse määramise tingimused on täidetud ja viivitusega kaasneks oht isiku huvidele, kelle huvides kohus hooldaja määramist menetleb.
(2) Ajutise hooldaja valikul ei pea arvestama avaldaja tahet ega seaduses hooldajale ettenähtud nõudeid.
(3) Ajutist hooldajat ei või määrata kauemaks kui kuueks kuuks.
(4) Kohus võib ajutise hooldaja määrusega ametist vabastada, kui vabastamise eeldused on ilmselt täidetud ja viivitusega kaasneks oht isiku huvidele, kelle huvides kohus ajutise hooldaja määras. Ajutise hooldaja määramise ja vabastamise määrus kehtib ja kuulub täitmisele alates selle avalikult teatavakstegemisest.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 518. Hoolduse lõpetamine, hooldaja ja tema ülesannete muutmine

(1) Kohus lõpetab äraolija varale seatud hoolduse, kui äraolijal ei ole enam takistusi oma asjade ajamisel.
(2) Hooldus lõpeb sõltumata äraolija surmast kohtu poolt tühistamisega. Kohus tühistab hoolduse, kui äraolija surm saab talle teatavaks.
(3) Kui äraolija tunnistatakse surnuks või kui tema surmaaeg tuvastatakse kohtus, lõpeb hooldus surnuks tunnistamise või surmaaja kindlakstegemise määruse jõustumisel.
(4) Hoolduse lõpetamisele, hooldaja vabastamisele, uue hooldaja määramisele ja hooldaja ülesannete ringi muutmisele, samuti hooldaja määramise pikendamisele kohaldatakse hooldaja määramise kohta sätestatut.

§ 519. Määruskaebuse esitamine

(1) Kohtumääruse peale, millega hooldus seati või selle seadmisest keelduti või millega hooldus lõpetati või hooldajat muudeti, võib esitada määruskaebuse igaüks, kellel on õiguslik huvi määruse muutmise vastu, muu hulgas isiku, kelle varale hooldus seati, abikaasa, sugulased ja hõimlased.
(2) Määruskaebust ei saa esitada pärast viie kuu möödumist määruse teatavakstegemisest hooldajale.

53. peatükk PIIRATUD TEOVÕIMEGA TÄISEALISELE ISIKULE EESTKOSTJA MÄÄRAMINE

§ 520. Piiratud teovõimega täisealisele isikule eestkoste seadmise menetluses esindaja määramine

(1) Kohus määrab eestkoste seadmise menetluseks piiratud teovõimega täisealisele isikule esindaja, kui see on isiku huvides vajalik.
(2) Kohus määrab isikule esindaja eelkõige, kui teda ei esinda tsiviilkohtumenetlusteovõimeline isik ja kui:
1) kohus ei pea isikut ennast menetluses ära kuulama;
2) eestkoste kavatsetakse seada isiku kõigi või enamuse tema asjade ajamiseks;
3) eestkostja pädevust laiendatakse;
4) menetluse esemeks on eestkostja nõusoleku andmine isiku steriliseerimiseks. (3) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Esindaja peab muu hulgas isikuga, kellele eestkoste seadmist menetletakse, isiklikult kohtuma ja ta ära kuulama kohtuniku juuresolekuta.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 521. Esialgse õiguskaitse rakendamine

(1) Kohus võib määrusega rakendada esialgset õiguskaitset ja määrata muu hulgas ajutise eestkostja, kui:
1) võib ilmselt eeldada, et eestkostja määramise tingimused on täidetud ja viivitusega kaasneks oht eestkostet vajava isiku huvidele ja
2) isikule on määratud menetluses esindaja ja
3) isik on isiklikult ära kuulatud.
(2) Isiku võib käesoleva paragrahvi lõikes 1 nimetatud eesmärgil ära kuulata ka erinõude alusel tegutsev kohtunik. Isikut ei pea ära kuulama, kui see ilmselt kahjustaks oluliselt tema tervist või kui ta ilmselt ei suuda tahet avaldada.
(3) Kui viivitusega kaasneks oht eestkostet vajava isiku huvidele, võib kohus esialgset õiguskaitset rakendada juba enne isiku enda ärakuulamist ja talle esindaja määramist. Sel juhul tuleb nimetatud toimingud teha viivitamata tagantjärele.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Ajutise eestkostja valikul ei pea arvestama avaldaja tahet ega seaduses eestkostjale ettenähtud nõudeid.
(5) Ajutist eestkostjat ei või määrata kauemaks kui kuueks kuuks. Pärast eksperdiarvamuse saamist täisealise isiku vaimse seisundi kohta võib tähtaega pikendada kuni ühe aastani.
(6) Kohus võib ajutise eestkostja määrusega ülesannetest vabastada, kui vabastamise eeldused on ilmselt täidetud ja viivitusega kaasneks oht eestkostetava huvidele.
(7) Määrus ajutise eestkostja määramise ja vabastamise kohta kehtib ja kuulub täitmisele alates selle avalikult teatavakstegemisest.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 522. Ekspertiisi määramine

(1) Kui kohtul on andmeid isiku vaimuhaiguse või nõrgamõistuslikkuse kohta või sellekohane kahtlus, määrab kohus ekspertiisi eestkostja määramise vajalikkuse kohta. Ekspert peab isiku enne arvamuse koostamist isiklikult läbi vaatama või teda küsitlema.
[RT I, 04.07.2012, 1 - jõust. 01.08.2012]
(11) Kohus määrab ekspertiisi tegemise ülesandeks ühele eksperdile, välja arvatud komisjoni- või kompleksekspertiisi korral. Eksperdiks võib olla üksnes psühhiaater. Komisjoni- ja kompleksekspertiisi tegemisel võib eksperdina osaleda ka muu eriteadmistega isik.
[RT I, 04.07.2012, 1 - jõust. 01.08.2012]
(12) Kui kohus menetleb sama isiku suhtes tema kinnisesse asutusse paigutamist käesoleva seadustiku § 533 lõike 1 punkti 1 alusel ja eestkostja määramist käesoleva seadustiku § 520 lõike
1 alusel, võib kohus määrata ühise ekspertiisi eestkoste seadmise vajalikkuse ja kinnisesse
asutusse paigutamise eelduste kohta.
[RT I, 04.07.2012, 1 - jõust. 01.08.2012]
(2) Isik, kelle suhtes ekspertiis on määratud, on kohustatud eksperdi juurde ilmuma. Kui isik, kelle suhtes määrati ekspertiis, ei ilmu eksperdi juurde, võib kohus pärast eksperdi arvamuse ärakuulamist kohaldada isiku eksperdi juurde toimetamiseks sundtoomist.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kohus võib pärast eksperdi ärakuulamist määrata, et isik paigutatakse kuni üheks kuuks kinnisesse asutusse vaatlusele, kui see on ekspertiisi tegemiseks vajalik. Enne määruse tegemist või pärast seda tuleb ka isik ise ära kuulata. Kohus võib vajaduse korral pikendada määrusega isiku kinnisesse asutusse paigutamise aega kuni kolme kuuni ja rakendada isiku suhtes sundtoomist.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kui eksperdi arvates tuleb kõne alla eestkostja määramine, peab ta eksperdiarvamuses märkima ka eestkostja ülesannete ringi ja eeldatava aja, mille kestel isik eestkostet vajab.
(5) Ekspertiisi ei pea määrama, kui:
1) eestkostja määramise avalduse esitas eestkostet vajav isik ise ning avaldusele on lisatud tema tervislikku seisundit kajastavad dokumendid ja
2) isik loobub ekspertiisi tegemise õigusest ja
3) ekspertiisi tegemine on eestkostja ülesannete mahtu arvestades ebamõistlikult kulukas või töömahukas.

§ 523. Valla- või linnavalitsus menetluses

Kohtu korraldusel kogub ja esitab eestkostet vajava isiku elukohajärgne valla- või linnavalitsus kohtule eestkoste seadmiseks vajalikud andmed. Valla- või linnavalitsus annab menetluses oma arvamuse, muu hulgas selle suhtes, keda määrata eestkostjaks ja eestkostja ülesannete ringi muutmise või eestkostja muutmise kohta.

§ 524. Isiku ärakuulamine

(1) Kohus kuulab isiklikult ära isiku, kellele eestkoste seadmist menetletakse. Kohus kuulab isiku ära isiku tavalises keskkonnas, kui isik seda nõuab või kui see on kohtu arvates asja huvides vajalik ja isik sellele vastu ei vaidle. Isikule tuleb menetluse käiku selgitada.
(2) Kohus võib ärakuulamisse kaasata psühhiaatri, psühholoogi või sotsiaaltöötaja. Isiku nõudel tuleb talle võimaldada tema usaldusisiku juuresolekut. Kohus võib ärakuulamise juurde lubada ka muid isikuid, kui eestkostet vajav isik sellele vastu ei vaidle.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kohus võib ärakuulamise anda erinõude alusel tegutsevale kohtule üksnes juhul, kui on ilmne, et kohus võib ärakuulamisega saadud teavet ka isikliku kogemuseta hinnata.
(4) Kohus võib vajaduse korral kohaldada ärakuulamiseks eestkostet vajava isiku sundtoomist.
(5) Kohus ei pea eestkostet vajavat isikut isiklikult ära kuulama, kui:
1) sellest võivad tema tervislikku seisundit kajastavate dokumentide või pädeva arsti arvamuse kohaselt tuleneda isiku tervisele kahjulikud tagajärjed;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
2) kohus on vahetu mulje põhjal veendunud, et isik ei ole ilmselt võimeline oma tahet avaldama.

§ 525. Asja arutamine

(1) Kohus arutab isikuga, kellele eestkoste seadmist menetletakse, tema ärakuulamise tulemusi, eksperdiarvamuses või tema tervislikku seisundit kajastavates dokumentides esitatut, võimaliku eestkostja valikut ja eestkostja ülesannete ringi ulatuses, milles see on vajalik isiku õigusliku ärakuulamise tagamiseks või asjaolude selgitamiseks.
(2) Kohus küsib menetluses üldjuhul ka isiku, kellele eestkoste seadmist menetletakse, tema abikaasa, vanemate, kasuvanemate ja laste ning rehabilitatsioonimeeskonna liikmete arvamust, välja arvatud juhul, kui isik vaidleb sellele vastu ja kohus ei pea arvamuse küsimist vajalikuks. Eestkostet vajava isiku taotlusel võib arvamust küsida ka muult lähedaselt isikult, kui see ei venita oluliselt menetlust.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kohus kuulab enne eestkostja määramist ära ka isiku, kelle eestkostjaks määramist taotletakse või keda kohus kavatseb eestkostjaks nimetada, ja võimaliku avaldaja.

§ 526. Eestkostja määramine

(1) Kohus määrab piiratud teovõimega täisealisele isikule eestkostja määrusega. (2) Määruses märgitakse:
1) isik, kellele eestkostja määratakse;
2) eestkostjaks määratud isik või asutus;
3) eestkostja ülesanded;
4) kas ja milliseid tehinguid võib piiratud teovõimega isik teha eestkostja nõusolekuta;
5) aeg, millal kohus hiljemalt otsustab eestkoste lõpetamise või pikendamise.
(3) Käesoleva paragrahvi lõike 2 punktis 5 nimetatud aeg ei või olla pikem kui viis aastat määruse tegemisest alates.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Eestkoste seadmise määrus annab eestkostjale eestkostetava esindamise õiguse.
(5) Kui kohus seab eestkoste eestkostetava kõigi asjade ajamiseks või kui eestkostja ülesannete ringi selliselt laiendatakse, loetakse lisaks, et eestkostetav on tunnistatud valimisõiguse tähenduses teovõimetuks ja ta kaotab hääleõiguse.

§ 527. Kulude hüvitamine eestkostjale

(1) Kui eestkostja või eestkostetav seda taotleb või kohus peab seda vajalikuks, määrab kohus eestkoste seadmisel või hiljem kindlaks ka:
1) eestkostjale eestkostetava arvel makstava tasu suuruse ja hüvitatavad kulud ning nende võimaliku ettemaksu suuruse;
2) eestkostjale riigi arvel hüvitatavad kulud ja makstava tasu ning nende võimaliku ettemakse suuruse, kui vastavalt seadusele võib nõuda nende maksmist riigilt;
3) maksetähtaja ja maksete suuruse, mida eestkostetav peab riigi poolt eestkostjale makstava raha katteks riigile tasuma.
(2) Eestkostetav võib kulude kandmisel taotleda menetlusabi andmist.
(3) Enne kulude kohta määruse tegemist peab kohus eestkostetava ära kuulama. (4) [Kehtetu - RT I 2005, 39, 308 - jõust. 01.01.2006]

§ 528. Eestkostja ülesannete ringi laiendamine ja eestkostja ametiaja pikendamine

(1) Eestkostja ülesannete ringi muutmisele ja uue eestkostja määramisele, samuti eestkostja ametiaja pikendamisele kohaldatakse eestkostja määramise kohta sätestatut.
(2) Eestkostja ülesannete muutmisel, uue eestkostja määramisel või eestkostja ametiaja pikendamisel ei pea uut ekspertiisi tegema ega eestkostetavale menetluseks esindajat määrama, kui:
1) eestkostja ülesandeid oluliselt ei laiendata või
2) eestkoste määramise aluseks olevast ekspertiisist on möödunud vähem kui viis aastat. [RT I, 04.07.2012, 1 - jõust. 01.08.2012]
(3) [Kehtetu - RT I, 23.02.2011, 1 - jõust. 01.09.2011]
(4) Eestkostja ametiaja pikendamisel ei pea eestkostetavale ekspertiisi tegema, kui eestkostetava ärakuulamisest ja tema tervislikku seisundit kajastavatest dokumentidest ilmneb, et eestkoste vajadus ei ole ära langenud.
[RT I, 04.07.2012, 1 - jõust. 01.08.2012]

§ 529. Eestkoste lõpetamine ja eestkostja ülesannete ringi kitsendamine

(1) Kohus lõpetab eestkoste, kitsendab eestkostja ülesannete ringi või laiendab eestkostetava iseseisvalt tehingute tegemise õigust, kui eestkostja määramise alused on täielikult või osaliselt ära langenud.
(2) Kohus võib aluste äralangemise tuvastamiseks määrata ekspertiisi. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 530. Eestkostja ametist vabastamine ja uue eestkostja määramine

(1) Mõjuval põhjusel võib kohus eestkostja ametist vabastada.
(2) Kui eestkostetav vaidleb eestkostja vabastamisele vastu, peab kohus eestkostetava isiklikult ära kuulama, välja arvatud juhul, kui see võib oluliselt ohustada eestkostetava tervist või kui eestkostetav ei suuda ilmselt tahet väljendada.
(3) Uue eestkostja määramisel eelmise eestkostja surma või ametist vabastamise tõttu tuleb eestkostetav isiklikult ära kuulata, välja arvatud juhul, kui eestkostetav nõustub uue eestkostjaga, ärakuulamine võib oluliselt ohustada eestkostetava tervist või eestkostetav ei suuda ilmselt tahet väljendada.

§ 531. Määruse teatavakstegemine ja kehtivus

[RT I 2008, 59, 330 - jõust. 01.01.2009]

(1) Eestkostemenetlust lõpetav kohtumäärus, muu hulgas eestkostja määramise, tema ametiaja pikendamise, eestkoste lõpetamise või eestkostja ülesannete ringi muutmise määrus, kehtib ja kuulub täitmisele alates määruse teatavakstegemisest eestkostjale.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kohus teeb eestkostemenetlust lõpetava määruse teatavaks ka eestkostetavale ja tema esindajale. Kohus ei pea määruse põhjendust isiklikult eestkostetavale teatavaks tegema, kui see võib eestkostetava tervislikku seisundit kajastavate dokumentide või eksperdiarvamuse kohaselt tekitada olulist kahju eestkostetava tervisele. Kohus teeb määruse teatavaks ka isiku elukoha järgsele valla- või linnavalitsusele, samuti muudele käesoleva seadustiku § 532 lõikes 1 nimetatud isikutele, kelle kohus menetluses ära kuulas.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kui määrust ei saa eestkostjale edastada või kui selle viivitusega kaasneks oht eestkostetava huvidele, võib kohus tunnistada määruse kehtivaks ja täitmisele kuuluvaks alates selle teatavaks tegemisest eestkostetavale või tema esindajale.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kohus teatab määrusest teistele kohtutele ja ametiasutustele, kui see on eestkostetava, kolmandate isikute või avalikkuse huvides ilmselt vajalik. Vajaduse korral avaldab kohus teate väljaandes Ametlikud Teadaanded.
(5) Kohus võib menetluses ilmnenud olulistest asjaoludest teatada käesoleva paragrahvi lõikes 4 sätestatud viisil juba enne menetluse lõppemist.
(6) Kui eestkoste seatakse eestkostetava kõigi asjade ajamiseks või kui eestkostja ülesannete ringi selliselt laiendatakse ja isik kaotab valimistel hääleõiguse, samuti kui selline eestkoste lõpeb muul põhjusel kui eestkostetava surma tõttu või kui sellist eestkostet piiratakse, teatab kohus sellest ka valijate nimekirja pidavale asutusele.
(7) Kui eestkostetavat peetakse kinni kinnipidamis-, ravi-, hoolde- või muus sarnases asutuses, teavitab kohus määrusest ka nimetatud asutust.

§ 532. Määruskaebuse esitamine

(1) Eestkostja määramise või avalduse rahuldamata jätmise, samuti eestkoste lõpetamise või eestkostja ülesannete ringi muutmise ning eestkoste lõpetamisest keeldumise, eestkostja vabastamise, uue eestkostja määramise ja eestkoste kulude määruse peale võib esitada määruskaebuse isik, kellele eestkostja määramist menetleti, eestkostjaks määratu, samuti isiku, kellele eestkostja määramist menetleti, abikaasa, otseliinis sugulane, isiku enda nimetatud lähedane isik (usaldusisik) või isiku elukohajärgne valla- või linnavalitsus.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Eestkostja ülesannete ringi osas võib eestkostetava nimel esitada määruskaebuse ka eestkostja. Mitme ühise eestkostja määramisel võib igaüks neist eraldi kaebuse esitada.
(3) Määruskaebust ei saa esitada pärast viie kuu möödumist määruse teatavakstegemisest eestkostjale.
(4) Kulude kohta tehtud määruse peale võib esitada määruskaebuse, kui kaebuse ese ületab 200 eurot. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
[RT I 2010, 22, 108 - jõust. 01.01.2011]

54. peatükk ISIKU PAIGUTAMINE KINNISESSE ASUTUSSE

§ 533. Isiku paigutamine kinnisesse asutusse

(1) Käesolevas jaos sätestatud korras menetleb kohus isiku elukohajärgse valla- või linnavalitsuse avalduse alusel järgmisi asju:
[RT I 2008, 59, 330 - jõust. 01.01.2009]
1) psüühiliselt haige isiku paigutamine tema tahteta või tahte vastaselt psühhiaatriahaiglasse või hoolekandeasutusse koos vabaduse võtmisega ja talle haiglaravi kohaldamine;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
2) nakkushaige paigutamine tema nõusolekuta haiglasse ja talle haiglaravi kohaldamine, kui see on vajalik eriti ohtliku nakkushaiguse leviku tõkestamiseks;
3) muid seaduses sätestatud kinnisesse asutusse paigutamise asju.
(2) Psüühiliselt haige isiku tema tahteta või tahte vastaselt psühhiaatriahaiglasse või hoolekandeasutusse paigutamise asja menetleb kohus ka isiku eestkostja avalduse alusel. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 534. Esialgse õiguskaitse rakendamine

(1) Kohus võib avaldaja taotlusel esialgse õiguskaitse rakendamise korras paigutada isiku kinnisesse asutusse, kui:
1) kinnisesse asutusse paigutamise tingimused on ilmselt täidetud ja viivitusega kaasneks oht isikule endale või kolmandatele isikutele ja
2) on olemas piisavad dokumendid isiku tervisliku seisundi kohta.
(2) Esialgse õiguskaitse rakendamise taotluse psüühikahäirega isiku paigutamiseks tema tahteta või tahte vastaselt psühhiaatriahaiglasse võib esitada ka psühhiaatrilise abi seaduse § 13 lõikes 1 nimetatud isik.
(3) Sellise isiku ärakuulamine, kelle kinnisesse asutusse paigutamist taotletakse, või muude isikute ärakuulamine ei ole esialgse õiguskaitse rakendamiseks vajalik, kui kohus saab selle rakendamise vajalikkust piisavalt hinnata ka dokumentide põhjal, samuti kui ärakuulamine võib kahjustada selle isiku tervist, kelle kinnisesse asutusse paigutamist taotletakse, või kui see isik ei suuda tahet avaldada. Isiku enda või muud isikud võib ära kuulata ka erinõude alusel tegutsev kohtunik.
(4) Kohus võib isiku, kelle kinnisesse asutusse paigutamist taotletakse, või muud isikud ära kuulata ka pärast esialgse õiguskaitse rakendamist.
(5) Esialgset õiguskaitset võib rakendada kuni neli päeva alates isiku kinnisesse asutusse paigutamisest. Pärast isiku enda ärakuulamist võib tähtaega pikendada kuni 40 päevani, kui see on ilmselgelt vajalik ka psühhiaatri või muu pädeva arsti arvates. Esialgset õiguskaitset võib kohaldada ka käesoleva seadustiku § 537 lõikes 4 nimetatud eesmärgil ja tähtaja jooksul.
[RT I, 04.07.2012, 1 - jõust. 01.08.2012]
(6) Seaduses sätestatud juhtudel ja korras võib isiku kinnisesse asutusse paigutada ka kohtu määruseta, kui see on vältimatu isiku enda või avalikkuse kaitseks ja kohtu määruse saamine ei ole piisavalt kiiresti võimalik. Sel juhul tuleb esitada avaldus kohtu määruse saamiseks sellise arvestusega, et kohtul oleks võimalik avaldus lahendada hiljemalt 48 tunni jooksul alates isiku kinnisesse asutusse paigutamisest.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 535. Isikule esindaja määramine

(1) Kohus määrab kinnisesse asutusse paigutamise menetluses isikule esindaja, kui see on isiku huvides vajalik ja kui isikut ei esinda juba teine tsiviilkohtumenetlusteovõimeline isik, kes ei pea vastama käesoleva seadustiku § 218 nõuetele. Isiku enda määratud esindaja olemasolu ei takista kohtul talle esindajat määrata, kui isiku enda määratud esindaja ei suuda kohtu arvates esindatava õigusi piisavalt kaitsta.
(2) Kui kohus jätab esindaja määramata, peab ta seda kinnisesse asutusse paigutamise määruses põhjendama. Esindajat ei pea isikule määrama esialgse õiguskaitse kohaldamisel, välja arvatud juhul, kui isik soovib esindajat esialgse õiguskaitse määruse peale kaebamiseks või kui otsustatakse esialgse õiguskaitse tähtaja pikendamist. Isiku õigust esindajale määruskaebuse esitamiseks tuleb isikule esialgse õiguskaitse kohaldamise määruses selgitada, kui talle esindajat varem ei ole määratud.
(3) Esindaja peab muu hulgas isikuga, kelle kinnisesse asutusse paigutamist menetletakse, isiklikult kohtuma ja ta ära kuulama kohtuniku juuresolekuta.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 536. Isiku enda ja teiste asjaosaliste ärakuulamine

(1) Enne isiku kinnisesse asutusse paigutamist peab kohus isiku isiklikult ära kuulama ja selgitama talle menetluse kulgu. Vajaduse korral kuulab kohus isiku ära isiku jaoks tavalises keskkonnas. Muus osas kohaldatakse vastavalt seaduses piiratud teovõimega täisealisele isikule eestkostja seadmise menetluses isikute ärakuulamise kohta sätestatut.
(2) Enne isiku kinnisesse asutusse paigutamist peab kohus ära kuulama ka valla- või linnavalitsuse ja järgmiste isikute arvamuse:
1) isiku abikaasa ja muud isikuga koos elavad pereliikmed; [RT I 2008, 59, 330 - jõust. 01.01.2009]
2) isiku eestkostja;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
3) isiku nimetatud usaldusisik;
31) rehabilitatsioonimeeskonna liikmed; [RT I 2008, 59, 330 - jõust. 01.01.2009]
4) kinnise asutuse, kus isik viibib, juht või tema määratud ametiisik.
(21) Käesoleva paragrahvi lõike 2 punktis 1 nimetatud isikuid ei pea ära kuulama, kui:
1) isik, kelle kinnisesse asutusse paigutamist menetletakse, on nende ärakuulamisele vastu;
2) need isikud ise loobuvad endi ärakuulamisest;
3) nende isikute ärakuulamine ei aita ilmselt kaasa asja lahendamisele;
4) kohtul ei ole õnnestunud neid isikuid leida või nendega kontakti saada sõltumata mõistlikest pingutustest.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(22) Isiku enda ja teiste isikute ära kuulamata jätmist tuleb määruses põhjendada. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kohtu korraldusel kogub ja esitab valla- või linnavalitsus kohtule isiku kinnisse asutusse paigutamiseks vajalikud andmed.

§ 537. Ekspertiisi tegemine

(1) Kohus võib isiku kinnisesse asutusse paigutada üksnes juhul, kui paigutamise eelduste kohta, muu hulgas isiku ohtlikkuse prognoosi kohta, on olemas eksperdiarvamus, mille koostanud ekspert on isiku isiklikult läbi vaadanud või teda küsitlenud. Kohus määrab ekspertiisi tegemise ülesandeks ühele eksperdile, välja arvatud komisjoni- või kompleksekspertiisi korral. Eksperdiks võib olla üksnes psühhiaater, nakkushaige puhul pädev arst. Komisjoni- ja kompleksekspertiisi tegemisel võib eksperdina osaleda ka muu eriteadmistega isik. Kohus võib käesolevas
paragrahvis nimetatud eksperdiarvamusena arvestada isikut läbivaadanud psühhiaatri arvamust.
Käesolevas lõikes sätestatu ei kehti esialgse õiguskaitse rakendamisel. [RT I, 04.07.2012, 1 - jõust. 01.08.2012]
(11) Kui kohus menetleb sama isiku suhtes tema kinnisesse asutusse paigutamist käesoleva seadustiku § 533 lõike 1 punkti 1 alusel ja eestkostja määramist käesoleva seadustiku § 520 lõike
1 alusel, võib kohus määrata ühise ekspertiisi eestkoste seadmise vajalikkuse ja kinnisesse asutusse paigutamise eelduste kohta.
[RT I, 04.07.2012, 1 - jõust. 01.08.2012]
(12) Isikule, kelle suhtes on kohaldatud esialgset õiguskaitset käesoleva seadustiku § 534 lõike 5 kohaselt, ei määrata ekspertiisi enne, kui kohtule on esitatud käesoleva seadustiku § 533 lõikes 1 või 2 nimetatud avaldus.
[RT I, 04.07.2012, 1 - jõust. 01.08.2012]
(2) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kui isikule on määratud ekspertiis, on ta kohustatud eksperdi juurde ilmuma. Kui isik ei ilmu eksperdi juurde, võib kohus pärast eksperdi arvamuse ärakuulamist kohaldada isikule eksperdi juurde toimetamiseks sundtoomist.
(4) Kohus võib pärast eksperdi ärakuulamist määrata isiku kuni üheks kuuks raviasutusse vaatlusele, kui see on ekspertiisi tegemiseks vajalik. Enne määruse tegemist tuleb isik ära kuulata. Vajaduse korral võib kohus pikendada määrusega isiku kinnipidamise aega kuni kolme kuuni ja rakendada isiku suhtes sundtoomist.

§ 538. Kohtumäärus

(1) Isiku kinnisesse asutusse paigutamise määruses märgitakse:
1) isik, kes kinnisesse asutusse paigutatakse;
2) kinnisesse asutusse paigutamise abinõu kirjeldus;
3) kinnisesse asutusse paigutamise tähtaeg;
4) määruse peale määruskaebuse esitamise võimaluse selgitus.
(2) Isikut ei või kinnisesse asutusse paigutada kauemaks kui üheks aastaks määruse tegemisest arvates, kui seaduses ei ole sätestatud teisiti.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 539. Kinnisesse asutusse paigutamise lõpetamine

(1) Kohus lõpetab määrusega isiku kinnisesse asutusse paigutamise, muu hulgas esialgse õiguskaitse kohaldamisel, kui paigutamise eeldused on ära langenud või kui ilmneb, et eeldused ei olnud täidetud. Kohus võib kinnisesse asutusse paigutamise lõpetada isiku enda või tema eestkostja või isiku elukoha järgse valla- või linnavalitsuse taotlusel või omal algatusel.
(2) Enne kinnisesse asutusse paigutamise lõpetamist küsib kohus arvamust valla- või linnavalitsuselt, kui see ei esitanud avaldust isiku kinnisesse asutusse paigutamise lõpetamiseks
ja arvamuse küsimine ei põhjusta asja lahendamise olulist viivitust. Esindajat ei pea isikule kinnisesse asutusse paigutamise lõpetamise asjas määrama, välja arvatud juhul, kui isik soovib esindajat avalduse esitamiseks.
(3) Kinnine asutus peab kohtule viivitamata teatama, kui tema arvates ei ole isikut vaja kinnises asutuses hoida kohtu määratud tähtaja lõppemiseni. Kui isik on kinnisest asutusest vabastatud enne kohtu määratud aega, muu hulgas esialgse õiguskaitse korras määratud aega, tuleb kohtule sellest samuti viivitamata teatada. Kohus peab ka sel juhul otsustama isiku kinnisesse asutusse paigutamise lõpetamise käesoleva paragrahvi lõikes 1 sätestatud korras.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 5391. Kinnisesse asutusse paigutamise tähtaja pikendamine ja isiku korduv kinnisesse asutusse paigutamine

(1) Kinnisesse asutusse paigutamise tähtaja pikendamisele kohaldatakse vastavalt asutusse paigutamise kohta sätestatut. Kui isik on olnud kinnises asutuses üle nelja aasta, ei või kohus üldjuhul teha ekspertiisi ülesandeks isikule, kes asutusse paigutatut seni on ravinud või tema seisundi kohta ekspertiisi teinud või kes on ametis asutuses, kuhu isik on paigutatud.
(2) Kinnisesse asutusse paigutamise tähtaja pikendamiseks või isiku korduvaks kinnisesse asutusse paigutamiseks ei ole uus ekspertiis vajalik, kui eelmise eksperdiarvamuse andmisest ei ole möödunud rohkem kui üks aasta ning isiku tervislik seisund ei ole seda kajastavate dokumentide järgi muutunud. Samadel tingimustel ei ole vajalik ka isiku enda, tema abikaasa ja perekonnaliikmete ärakuulamine, kui eelmisest ärakuulamisest ei ole möödunud rohkem kui üks aasta.
(3) Käesoleva paragrahvi lõikes 2 nimetatud juhul tuleb määrata isikule menetluses esindaja üksnes juhul, kui isik soovib esindajat määruse peale määruskaebuse esitamiseks.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 540. Kinnisesse asutusse paigutamise peatamine

(1) Kohus võib isiku kinnisesse asutusse paigutamise määrusega kuni üheks aastaks isiku enda või tema eestkostja või tema elukoha järgse valla- või linnavalitsuse taotlusel või omal algatusel peatada. Peatamisega võib siduda tingimusi ja kohustusi.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kohus võib peatamise tühistada, kui isik ei täida talle pandud tingimusi või kohustusi või kui tema seisundist tulenevalt on peatamise tühistamine vajalik.
(3) Enne peatamise tühistamist peab kohus võimaluse korral ära kuulama isiku enda ja käesoleva seadustiku § 536 lõikes 2 nimetatud isikud ning valla- või linnavalitsuse.

§ 541. Määruse teatavakstegemine ja jõustumine

(1) Kohus toimetab kinnisesse asutusse paigutamise ja seda peatava või selle lõpetava määruse, muu hulgas esialgse õiguskaitse kohaldamise määruse, samuti kinnisesse asutusse paigutamisest keeldumise määruse kätte isikule endale, tema esindajale menetluses ja eestkostjale. Määruse põhjendust ei pea isikule endale teatavaks tegema, kui isik ei ole ilmselt võimeline seda mõistma või kui see võib tekitada olulist kahju tema tervisele.
(2) Kohus edastab käesoleva paragrahvi lõikes 1 nimetatud määruse ka isiku määratud usaldusisikule ning isiku elukoha järgsele valla- või linnavalitsusele. Kohus teeb määruse teatavaks ka käesoleva seadustiku § 536 lõike 2 punktis 1 nimetatud isikutele, kelle kohus menetluses ära kuulas, välja arvatud kui isik, kelle paigutamist kinnisesse asutusse soovitakse, on sellele vastu või kohus ei pea määruse või selle põhjenduste neile teatavaks tegemist vajalikuks. Need isikud võivad siiski nõuda määruse tervikuna edastamist.
(3) Kinnisesse asutusse paigutamise määrus jõustub ja kuulub täitmisele, kui selle peale ei saa enam edasi kaevata või kui määruskaebus jäetakse jõustunud lahendiga rahuldamata või läbi vaatamata.
(4) Kohus võib tunnistada määruse täitmisele kuuluvaks määruse kättetoimetamisega isikule endale või tema esindajale või tema eestkostjale või edastamisega tema elukoha järgsele valla- või linnavalitsusele.
(5) Kohus teatab määrusest teistele kohtutele ja ametiasutustele, kui see on vajalik selle isiku huvides, kelle suhtes abinõu rakendati, või kolmandate isikute või avalikkuse huvides. Kohus võib menetluses ilmnenud olulistest asjaoludest teatada juba enne menetluse lõppemist.
(6) Kui isik peetakse kinni kinnipidamis-, ravi-, hoolekande- või muus asutuses, teavitab kohus määrusest ka nimetatud asutust.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 542. Määruse täitmine

(1) Kinnisesse asutusse paigutamise määruse täidab asutus, kuhu isik paigutatakse. Isiku vanemate või eestkostja taotlusel aitab asutus neil isiku kinnisesse asutusse toimetada.
(2) Isiku kinnisesse asutusse paigutamise määruse täitmisel võib rakendada jõudu ning vajaduse korral võib täitmiseks kasutada politsei abi, kui kohtumääruses ei ole ette nähtud teisiti.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 543. Määruskaebuse esitamine

Kinnisesse asutusse paigutamise määruse ja asutusse paigutamisest keeldumise määruse, paigutamise lõpetamise ja lõpetamisest keeldumise määruse ning esialgse õiguskaitse rakendamise määruse peale võib esitada määruskaebuse isik, kelle suhtes on abinõusid rakendatud, ning käesoleva seadustiku § 536 lõikes 2 nimetatud isikud ja valla- või linnavalitsus,
samuti kinnise asutuse juht. Isik, kelle suhtes on abinõusid rakendatud, võib esitada määruskaebuse sõltumata abinõude rakendamise lõpetamisest, muu hulgas tuvastamaks kinnisesse asutusse paigutamise ebaseaduslikkust.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

55. peatükk LÄHENEMISKEELU JA MUUDE SARNASTE ABINÕUDE RAKENDAMINE ISIKUÕIGUSTE KAITSEKS

§ 544. Lähenemiskeelu ja muude isikuõiguse kaitse abinõude rakendamine

(1) Kohus võib isiku eraelu või muu isikuõiguse kaitseks kohaldada võlaõigusseaduse § 1055 alusel lähenemiskeeldu või muid abinõusid. Abinõusid võib rakendada tähtajaga kuni kolm aastat.
(2) Kui isikuõiguse kaitse abinõu rakendamist menetletakse seoses perekonnasuhtega, kohaldatakse täiendavalt seaduses hagita perekonnaasjadele sätestatut, kui käesolevast peatükist ei tulene teisiti.
(3) Kohus võib käesoleva paragrahvi lõikes 1 nimetatud asja lahendada ka hagimenetluses, kui seda lahendatakse koos muu hagiga või kui hageja seda taotleb.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 545. Asjaosaliste ärakuulamine ja lepitamine

Kohus kuulab enne lähenemiskeelu või muu isikuõiguse kaitse abinõu rakendamist ära isiku, kelle suhtes abinõu rakendamist taotletakse, ja isiku, kelle huvides abinõu rakendamist menetletakse. Vajaduse korral kuulab kohus ära ka nimetatud isikute lähedasi isikuid, isikute elukohajärgse valla- või linnavalitsuse või politseiasutuse.

§ 546. Esialgse õiguskaitse rakendamine

Kohus võib vajaduse korral määrusega lähenemiskeelu või muu sarnase isikuõiguse kaitse abinõu rakendamise avaldust tagada või rakendada esialgset õiguskaitset omal algatusel. Esialgse õiguskaitse korras võib rakendada hagi tagamise abinõusid hagi tagamiseks ettenähtud korras. [RT I 2005, 39, 308 - jõust. 01.01.2006]

§ 547. Määruse kättetoimetamine ja jõustumine

Lähenemiskeelu või muu isikuõiguse kaitse abinõu rakendamise määrus toimetatakse kätte isikutele, kelle suhtes ja kelle huvides abinõu rakendatakse. Määrus kuulub täitmisele alates selle kättetoimetamisest kohustatud isikule.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 548. Isikuõiguse kaitse abinõu tühistamine ja muutmine

Asjaolude muutumise korral võib kohus lähenemiskeelu või muu isikuõiguse kaitse abinõu tühistada või seda muuta. Enne tühistamist või muutmist kuulab kohus asjaosalised ära.

§ 549. Määruskaebuse esitamine

(1) Lähenemiskeelu või muu isikuõiguse kaitse abinõu rakendamise määruse või selle muutmise määruse peale võib esitada määruskaebuse täitmiseks kohustatud isik.
(2) Määruse peale, millega kohus jätab lähenemiskeelu või muu isikuõiguse kaitse abinõu rakendamise avalduse rahuldamata või tühistab abinõu või muudab seda, võib esitada määruskaebuse isik, kes taotles abinõu rakendamist või kelle huvides abinõu rakendati.

56. peatükk MENETLUS HAGITA PEREKONNAASJADES

1. jagu Üldsätted

§ 550. Hagita perekonnaasjad

(1) Hagita menetluses lahendatakse järgmised perekonnaasjad:
1) alaealisele isikule eestkostja määramine;
2) vanema õiguste määramine lapse suhtes, muu hulgas vanemalt vanema õiguste äravõtmine, ja lapsega suhtlemise korraldamine (hooldusõiguse asjad);
[RT I 2008, 59, 330 - jõust. 01.01.2009]
3) lapsendamine;
4) alaealise teovõime laiendamine;
5) isikust põlvnemise tuvastamine ja vanema kande vaidlustamine pärast isiku surma;
6) nõusoleku andmine lapse või eestkostetava nimel tehingu tegemiseks;
61) lapse tagastamise otsustamine lapseröövi suhtes tsiviilõiguse kohaldamise rahvusvahelise konventsiooni (RT II 2001, 6, 33) alusel;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
7) muud seadusega kohtu pädevusse antud perekonnaasjad, mida ei saa lahendada hagimenetluses.
(2) Vanema õiguste määramise lapse suhtes ja lapsega suhtlemise korraldamise võib kohus lahendada ka hagimenetluses, kui seda nõutakse koos abielu lahutamisega või elatise väljamõistmise hagimenetluses.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Hagita perekonnaasjas tehtud määrused kuuluvad täitmisele alates jõustumisest, kui seadusest ei tulene teisiti.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 551. Esialgse õiguskaitse rakendamine

(1) Kohus võib hagita perekonnaasja menetlemisel avalduse alusel või omal algatusel määrusega esialgse õiguskaitsena rakendada hagi tagamise abinõusid.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Enne alaealist puudutava esialgse õiguskaitse rakendamist peab kohus küsima tema elukohajärgse valla- või linnavalitsuse arvamust, välja arvatud juhul, kui sellest tingitud viivitus kahjustaks ilmselt alaealise huvisid. Kui abinõu kohaldati valla- või linnavalitsuse seisukohta küsimata, tuleb seisukoht küsida esimesel võimalusel.

§ 552. Koostöö valla- ja linnavalitsusega

(1) Kui vastavalt seadusele on menetluses vajalik valla- või linnavalitsuse osalus, teatab kohus talle menetlusest. Kohus teavitab ka muul juhul valla- või linnavalitsust menetlusest ja sellega seonduvatest asjaoludest, kui nende asjaolude teadmine on valla- või linnavalitsusele ilmselt vajalik oma ülesannete täitmiseks ja seadusest ei tulene teisiti.
(2) Kohus küsib valla- või linnavalitsuse seisukohta alaealist või eestkostet puudutavas menetluses ja saadab talle menetlusi lõpetavate määruste ärakirjad.

§ 5521. Lapse ärakuulamine

(1) Kohus kuulab last puudutavas asjas ära vähemalt 10-aastase lapse isiklikult, kui seaduses ei ole sätestatud teisiti. Kohus võib ära kuulata ka noorema lapse. Kohus kuulab lapse ära lapsele tavalises keskkonnas, kui see on kohtu arvates asja huvides vajalik. Vajaduse korral kuulatakse laps ära psühhiaatri, psühholoogi või sotsiaaltöötaja juuresolekul. Kohus võib ärakuulamise juurde lubada ka muid isikuid, kui laps või tema esindaja sellele vastu ei vaidle.
(2) Lapse ärakuulamisel tuleb teda menetluse esemest ja võimalikust tulemusest teavitada ulatuses, milles laps on eeldatavasti võimeline seda mõistma, ja kui sellega ei kaasne eeldatavasti kahjulikke tagajärgi lapse arengule või kasvatusele. Lapsele tuleb anda võimalus oma seisukoha avaldamiseks.
(3) Lapse ärakuulamisest võib loobuda üksnes mõjuval põhjusel. Kui last ei kuulata ära põhjusel, et sellega kaasnev viivitus kahjustaks lapse huvisid, tuleb laps viivitamata tagantjärele ära kuulata.
(4) Kohus võib lapse ärakuulamise anda erinõude alusel tegutsevale kohtule üksnes juhul, kui on ilmne, et kohus võib ärakuulamise tulemust hinnata ka lapsega isiklikult suhtlemata.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 553. Lapse iseseisev kaebeõigus

(1) Vähemalt 14-aastane piisava kaalutlus- ja otsustusvõimega laps võib tema isikut puudutavas hagita perekonnaasjas määruse peale kaevata oma seadusliku esindaja kaasabita. Sama kehtib muude asjade suhtes, mille puhul laps tuleb enne asja lahendamist ära kuulata.
(2) Määrused, millele laps võib määruskaebuse esitada, tuleb talle isiklikult teatavaks teha. Määruse põhjendust ei pea lapsele teatavaks tegema, kui sellest võib tuleneda kahjulikke tagajärgi lapse arengule, kasvatusele või tervisele.

2. jagu Alaealisele isikule eestkostja määramine

§ 554. Alaealisele eestkostja määramine

Alaealisele isikule eestkostja määramisele kohaldatakse piiratud teovõimega täisealisele eestkostja määramise kohta sätestatut, välja arvatud ekspertiisi kohta sätestatut, kui käesolevas jaos sätestatust ei tulene teisiti.

§ 555. Esialgse õiguskaitse rakendamine

(1) Kohus võib määrusega rakendada esialgset õiguskaitset ja määrata muu hulgas ajutise eestkostja, kui võib eeldada, et eestkostja määramise tingimused on ilmselt täidetud ja viivitusega kaasneks oht alaealise huvidele ning vähemalt seitsmeaastane piisava kaalutlus- ja otsustusvõimega laps on eelnevalt ära kuulatud.
(2) Lapse võib käesoleva paragrahvi lõikes 1 nimetatud eesmärgil ära kuulata ka erinõude alusel tegutsev kohtunik.
(3) Kui viivitusega kaasneks oht, võib kohus rakendada esialgset õiguskaitset juba enne lapse ärakuulamist. Sel juhul tuleb laps ära kuulata viivitamata tagantjärele. Last ei pea ära kuulama, kui see ilmselt kahjustaks tema tervist või kui ta ilmselt ei suuda tahet avaldada.
(4) Ajutise eestkostja valikul ei pea arvestama avaldaja tahet ega seaduses eestkostjale ettenähtud nõudeid.
(5) Ajutist eestkostjat ei või määrata kauemaks kui kuueks kuuks.
(6) Kohus võib ajutise eestkostja määrusega ametist vabastada, kui vabastamise eeldused on ilmselt täidetud ja viivitusega kaasneks oht eestkostetava huvidele.
(7) Määrus ajutise eestkostja määramise ja vabastamise kohta kehtib ja kuulub täitmisele alates selle avalikult teatavakstegemisest.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 556. [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 557. Kohtumäärus

(1) Kohus määrab alaealisele eestkostja määrusega. (2) Määruses märgitakse:
1) isik, kellele eestkostja määratakse;
2) eestkostjaks määratud isik või asutus;
3) eestkostja ülesanded;
4) kas ja milliseid tehinguid võib alaealine teha eestkostja nõusolekuta.
(21) Määruses märgitakse, et eestkoste seatakse alaealise täisealiseks saamiseni, kui kohus ei määra eestkostjat lühemaks ajaks.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Eestkoste seadmise määrus annab eestkostjale eestkostetava esindamise õiguse.

3. jagu Vanema õiguste määramine lapse suhtes ja lapsega suhtlemise korraldamine

§ 558. Vanemate ärakuulamine

(1) Vanema õigusi lapse suhtes puudutavas menetluses kuulab kohus vanemad ära. Vanemate isiklike õiguste osas kuulab kohus vanemad ära isiklikult. Kui menetlus toimub lapse heaolu ohustamise üle, kuulab kohus vanemad isiklikult ära ja arutab nendega lapse huvide kaitset.
(2) Vanemat, kellel vanema õigusi ei ole või kelle lapsed on antud eestkoste alla, ei pea kohus ära kuulama, kui ärakuulamine asja lahendamisele või asjaolude selgitamisele ilmselt kaasa ei aita.
(3) Kohus ei pea vanemaid ära kuulama, kui sellest tekkiva viivitusega kaasneks ilmselt oht lapse huvidele.

§ 559. [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 560. Kasuvanemate ja lapse muude kasvatajate ärakuulamine

Kui laps elab juba pikemat aega ühe vanema või lapsega suhtlema õigustatud isiku juures või kasuperekonnas, kuulab kohus last puudutavas asjas ära ka nimetatud isikud, välja arvatud juhul, kui see ei aita ilmselt kaasa asja lahendamisele või asjaolude selgitamisele.

§ 561. Asja lahendamine kokkuleppel

(1) Last puudutavas menetluses peab kohus nii vara kui võimalik ja igas menetlusstaadiumis püüdma suunata asjaosalisi asja kokkuleppel lahendama. Kohus peab asjaosalised võimalikult aegsasti ära kuulama ja juhtima nende tähelepanu võimalusele kasutada perenõustaja abi eelkõige ühise seisukoha kujundamiseks lapse hooldamisel ja tema eest vastutamisel.
(2) Kohus võib last puudutava menetluse peatada, kui sellega ei kaasne lapse huvisid ohustavat viivitust ning kui asjaosalised on valmis laskma ennast kohtuväliselt nõustada või kui kohtu arvates on muul põhjusel väljavaateid asja lahendamiseks asjaosaliste kokkuleppel.

§ 562. Lapse isiklikuks kasutamiseks määratud asjade väljaandmine

Kui kohus määrab lapse väljaandmise, võib ta esialgse õiguskaitse korras teha ka määruse lapse isiklikuks kasutamiseks määratud asjade väljaandmise kohta.

§ 563. Lepitusmenetlus lapsega suhtlemist korraldava määruse ja kokkuleppe rikkumise korral

(1) Kui vanem teatab kohtule, et teine vanem rikub lapsega suhtlemist korraldavat kohtumäärust või notariaalselt tõestatud vormis sõlmitud kokkulepet või raskendab selle täitmist, kutsub kohus vanema avalduse alusel vanemad enda juurde last puudutava lahkheli kokkuleppel lahendamiseks. Kohus ei pea vanemaid enda juurde kutsuma, kui selline lepitusmenetlus või sellele järgnev kohtuväline nõustamine on juba tulemuseta jäänud.
(2) Kohus viib vanema avalduse alusel käesolevas paragrahvis sätestatud menetluse läbi ka juhul, kui vanemad on lapsega suhtlemise korraldamises kokku leppinud muus kui notariaalselt tõestatud vormis ja see korraldus on varem toiminud pikema aja vältel ning kui selline lapsega suhtlemise korraldus vastab üldjoontes tavapärasele mõistlikule korraldusele.
(3) Kohus kutsub vanemad isiklikult välja ja selgitab ilmumata jätmise võimalikke õiguslikke tagajärgi. Vajaduse korral kutsub kohus lahendamise juurde ka valla- või linnavalitsuse esindaja.
(4) Kohus arutab vanematega lapsega suhtlemise võimatusest tulenevaid tagajärgi lapse heaolule ja juhib tähelepanu võimalikele sunnivahenditele määruse või kokkuleppe täitmiseks. Kohus
juhib tähelepanu ka suhtlemisõiguse kitsendamise või äravõtmise võimalusele ja võimalusele lasta end nõustada perenõustajal.
(5) Kohus peab püüdma saavutada vanemate kokkulepet lapsega suhtlemise kohta.
(6) Kui vanemad saavutavad kokkuleppe kohtumääruses sätestatust või varem kokkulepitust erinevas suhtlemise korralduses ja see ei ole vastuolus lapse huvidega, protokollitakse kokkulepe kui kohtulik kompromiss ja kohus kinnitab selle määrusega, mis asendab senist määrust või kokkulepet.
(7) Kui kohtus ei saavutata suhtlemise korraldamises ega järgnevas perenõustaja poole pöördumises kokkulepet või kui kas või üks vanematest kohtusse ei ilmu või keeldub perenõustaja poole pöördumise võimalust kasutamast, teeb kohus määruse, millega tunnistab lepitusmenetluse ebaõnnestunuks ja määrab:
1) milliseid sunnivahendeid tuleb rakendada;
2) millises ulatuses tuleb muuta suhtlemist puudutavat määrust või kokkulepet;
3) milliseid muudatusi on vaja teha vanema õigustes lapse suhtes.
(8) Lapsega suhtlemist reguleeriva kohtumääruse või kokkuleppe täitmise tagamiseks ja rikkumise kõrvaldamiseks võib täitemenetluse läbi viia üksnes käesoleva paragrahvi lõike 7 punktis 1 sätestatut sisaldava määruse alusel, kui seaduses ei ole sätestatud teisiti.
(9) Kohus viib käesolevas paragrahvis sätestatud menetluse läbi 60 päeva jooksul avalduse esitamisest arvates.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]

§ 5631. Määruse teatavakstegemine

Vanema hooldusõiguse kuuluvuse asjas tehtud määrus on isiku perekonnaseisuandmetes muudatuste tegemise alus. Kohus saadab määruse jõustumisest arvates kümne päeva jooksul perekonnaseisuasutusele hooldusõiguse andmete kandmiseks rahvastikuregistrisse.
[RT I 2009, 30, 177 - jõust. 01.07.2010]

4. jagu Lapsendamine

§ 564. Lapsendamise avaldus

(1) Kohus otsustab lapsendamise üksnes lapsendamist sooviva isiku avalduse alusel.
(2) Avalduses märgitakse isiku nimi, keda soovitakse lapsendada, tema sünniaasta, -kuu ja - päev, samuti teadaolevad andmed tema vanemate kohta. Kui avaldaja tahab muuta lapse nime, peab ta seda avalduses märkima.
(3) Avaldaja märgib avalduses oma sünniaasta, -kuu ja -päeva, samuti asjaolud, mis kinnitavad, et ta on suuteline last kasvatama, tema eest hoolitsema ja teda ülal pidama.
(4) Kui avaldaja on abielus, lisab ta avaldusele abikaasa kirjaliku nõusoleku lapsendamiseks, välja arvatud juhul, kui abikaasa nõusolek ei ole lapsendamiseks seaduse kohaselt vajalik.

§ 565. Avaldaja ärakuulamine

Kohus kuulab lapsendamise asjas isiklikult ära avaldaja, välja arvatud juhul, kui avaldaja ei saa mõjuval põhjusel kohtusse ilmuda.

§ 566. [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 567. Maavanema ja Sotsiaalministeeriumi arvamus

(1) Kohus teeb lapsendamise otsustamiseks vajalike andmete kogumiseks ja kohtule esitamiseks korralduse lapse elukohajärgsele maavanemale.
(2) Maavanem esitab kohtule andmed avaldaja tervise, varalise seisundi ja eluaseme kohta ning arvamuse selle kohta, kas avaldaja on suuteline last kasvatama, tema eest hoolitsema ja teda ülal pidama.
(3) Kui avaldaja elukoht on välisriigis, on käesoleva paragrahvi lõigetes 1 ja 2 sätestatud ülesanded maavanema asemel Sotsiaalministeeriumil.

§ 568. Lapsendamise määrus

(1) Lapsendamise määruses märgitakse lapsendatu nimi ja tema teised registrisse kantavad isikuandmed, tema ees- ja perekonnanime muutmisel uus ees- ja perekonnanimi, samuti lapsendaja nimi ja tema teised registrisse kantavad isikuandmed ning lapsendamise õiguslik alus. Määruses nimetatakse, kui vanema nõusolekut lapsendamiseks ei ole vaja.
(2) Lapsendamise määrus jõustub kättetoimetamisega lapsendajale. Määruse peale ei saa esitada määruskaebust ega seda muuta.
(3) Kohus saadab lapsendamise määruse ärakirja pärast jõustumist perekonnaseisuasutusele. Määrus on aluseks muudatuste tegemiseks lapsendatu perekonnaseisuandmetes.
[RT I 2009, 30, 177 - jõust. 01.07.2010]
(4) Avalduse rahuldamata jätmise määruse peale võib avaldaja esitada määruskaebuse.

§ 569. Lapsendamise kehtetuks tunnistamine

(1) Lapsendamise kehtetuks tunnistamise menetluses kuulab kohus ära maavanema, kui lapsendaja elukoht on välisriigis, siis Sotsiaalministeeriumi. Võimaluse korral kuulatakse ära ka lapsendaja.
(2) Kohus määrab lapsendamise kehtetuks tunnistamise menetluses lapsendatule esindaja.
(3) Lapsendamise kehtetuks tunnistamise määrus jõustub ja kuulub täitmisele, kui selle peale ei saa enam esitada määruskaebust.

5. jagu Alaealise teovõime laiendamine

§ 570. Menetluse algatamine

Kohus otsustab alaealise teovõime laiendamise vähemalt 15-aastase alaealise enda, tema vanema või eestkostja või alaealise elukoha järgse valla- või linnavalitsuse avalduse alusel. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 571. Avalduse sisu

(1) Avalduses märgitakse:
1) mis põhjusel alaealise teovõime laiendamist taotletakse;
2) andmed, mis annavad aluse teovõime laiendamiseks.
(2) Avaldusele lisatakse alaealise seadusliku esindaja kirjalik nõusolek alaealise teovõime laiendamiseks. Nõusolekust keeldumine tuleb märkida avalduses.

§ 572. Ekspertiisi määramine

(1) Kohus määrab vajaduse korral ekspertiisi alaealise arengutaseme väljaselgitamiseks. Ekspert peab alaealist enne eksperdiarvamuse andmist isiklikult küsitlema.
(2) Kui alaealine, kelle suhtes ekspertiis on määratud, mõjuva põhjuseta eksperdi juurde ei ilmu, jätab kohus avalduse läbi vaatamata.

§ 573. Valla- või linnavalitsus menetluses

Kohtu korraldusel kogub ja esitab alaealise elukohajärgne valla- või linnavalitsus kohtule alaealise teovõime laiendamiseks vajalikud andmed ning annab menetluses oma arvamuse teovõime laiendamise kohta.

§ 574. Isikute ärakuulamine

(1) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009] (2) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009] (3) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kui alaealine ärakuulamisele mõjuva põhjuseta ei ilmu, jätab kohus avalduse läbi vaatamata.
(5) Kohus küsib menetluses alaealise seaduslike esindajate seisukohta. Alaealise taotlusel tuleb võimaldada seisukoha andmist ka muule alaealise lähedasele isikule, kui see ei venita oluliselt menetlust.
(6) Kui teovõime laiendamist taotletakse abiellumiseks, kuulab kohus isiklikult ära ka isiku, kellega alaealine abielluda soovib.

§ 575. Kohtumäärus

(1) Kohus lahendab alaealise teovõime laiendamise määrusega. (2) Määruses märgitakse:
1) isik, kelle teovõimet laiendatakse;
2) milliseid tehinguid või õigustoiminguid võib alaealine teha seadusliku esindaja nõusolekuta.

§ 576. Määruse muutmine ja tühistamine

Alaealise teovõime laiendamise määruse muutmisele ja tühistamisele kohaldatakse vastavalt teovõime laiendamise määruse kohta sätestatut.

§ 577. Määruse teatavakstegemine ja jõustumine

(1) Määrus jõustub ja kuulub täitmisele selle alaealisele kättetoimetamisega.
(2) Kohus teatab määrusest teistele kohtutele ja ametiasutustele, kui see on alaealise, kolmandate isikute või avalikkuse huvides ilmselt vajalik. Alaealise soovil avaldab kohus teate väljaandes Ametlikud Teadaanded.

§ 578. Määruskaebuse esitamine

(1) Alaealise teovõime laiendamise määruse peale ja selle muutmise või tühistamise määruse peale, samuti nimetatud määruse tegemiseks esitatud avalduse rahuldamata jätmise määruse peale võivad esitada määruskaebuse avaldaja, alaealine ja tema elukoha järgne valla- või linnavalitsus.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Määruskaebust ei saa esitada pärast viie kuu möödumist määruse kättetoimetamisest alaealisele.

6. jagu Isikust põlvnemise tuvastamine ja vanema kande vaidlustamine pärast isiku surma

§ 579. Põlvnemise tuvastamise ja kande vaidlustamise avaldus

(1) Kohus lahendab põlvnemise tuvastamise isikust, kes on surnud, ja sellise isiku kohta sünniakti või rahvastikuregistrisse tehtud vanema kande vaidlustamise üksnes avalduse alusel.
(2) Avalduse isiku põlvnemise tuvastamiseks või sünniakti või rahvastikuregistrisse tehtud vanema kande vaidlustamiseks isikust, kes on surnud, võib esitada isik, kelle põlvnemise tuvastamist taotletakse või kelle põlvnemist vaidlustatakse, tema eestkostja või valla- või linnavalitsus.
(3) Avalduses märgitakse asjaolud, mille alusel võib vanemaks pidada isikut, kellest põlvnemist tuvastatakse või mille alusel ei saa vanemaks pidada isikut, kes on vanemana kantud sünniakti või rahvastikuregistrisse.
[RT I 2009, 30, 177 - jõust. 01.07.2010]

§ 580. Isikute ärakuulamine

(1) Kohus kuulab ära lapse teise vanema ning surnud isiku vanemad, abikaasa ja täisealised lapsed, samuti muud isikud, kelle ärakuulamist peab kohus vajalikuks.
(2) Kohus võib käesoleva paragrahvi lõikes 1 nimetatud isiku jätta ära kuulamata üksnes juhul, kui isik on kestvalt võimetu seletust andma või kui tema viibimiskoht on teadmata.
(3) Kohus küsib arvamust lapse elukoha järgse valla- või linnavalitsuselt, kui avalduse oli esitanud alaealise lapse ema või eestkostja.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 581. Ekspertiisi määramine

Vajaduse korral määrab kohus põlvnemise ekspertiisi, kui see on võimalik surnu matmiskohast väljakaevamiseta.

§ 582. Kohtumäärus põlvnemise tuvastamise või vanema kande vaidlustamise avalduse kohta

(1) Põlvnemise tuvastamise määruses märgitakse selle isiku nimi, kelle põlvnemine on tuvastatud, ja tema teised registrisse kantavad isikuandmed, samuti selle isiku nimi ja tema teised registrisse kantavad isikuandmed, kellest põlvnemine on tuvastatud.
(2) Määruses, millega tuvastatakse, et sünniakti või rahvastikuregistrisse tehtud vanema kanne on ebaõige ja laps ei põlvne surnud isikust, märgitakse samad andmed isikute kohta, keda teineteisest põlvnevaks ei loeta.
[RT I 2009, 30, 177 - jõust. 01.07.2010]
(3) Määrus, millega kohus lahendab põlvnemise tuvastamise või sünniakti või rahvastikuregistrisse tehtud vanema kande vaidlustamise avalduse, jõustub ja kuulub täitmisele määruskaebuse esitamise tähtaja möödumisega.
[RT I 2009, 30, 177 - jõust. 01.07.2010]
(4) Kohus saadab põlvnemise või vanema kande ebaõigsuse tuvastamise määruse pärast selle jõustumist perekonnaseisuasutusele. Määrus on aluseks muudatuste tegemiseks lapse perekonnaseisuandmetes.
[RT I 2009, 30, 177 - jõust. 01.07.2010]

§ 583. Määruskaebuse esitamine

Põlvnemise tuvastamise või vanema kande ebaõigsuse tuvastamise määruse peale või avalduse rahuldamata jätmise määruse peale võivad esitada määruskaebuse avaldaja, surnu vanemad, abikaasa ja täisealised lapsed ning avaldaja elukoha järgne valla- või linnavalitsus.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

57. peatükk PÄRANDI HOIUMEETMETE RAKENDAMINE

§ 584. Tagatis hoiumeetmete rakendamise kulude katteks

(1) Kohus võib pärandi hoiumeetmete rakendamise avalduse esitajat või isikut, kelle huvides pärandi hoiumeetmeid rakendatakse, kohustada tasuma pärandi hoiumeetmete rakendamise kulude katteks selleks ettenähtud kontole kohtu määratud rahasumma, kui on alust eeldada, et
pärandvarast selleks ei jätku.
[RT I, 31.01.2014, 6 - jõust. 01.04.2014]
(2) Käesoleva paragrahvi lõikes 1 nimetatud määruse peale võib esitada määruskaebuse. Ringkonnakohtu määruse peale määruskaebuse kohta ei saa Riigikohtule edasi kaevata.

§ 585. Isikute ärakuulamine

Kohus kuulab pärandi hoiumeetmete rakendamise menetluses ära avaldaja või isiku, kelle huvides pärandi hoiumeetmeid rakendatakse, ja isiku, kelle määramist pärandi hooldajaks soovitakse. Vajaduse korral kuulab kohus ära teised isikud, kelle õigusi ja kohustusi avaldus puudutab.

§ 586. Hoiumeetmete rakendamise määrus

(1) Kohus otsustab hoiumeetmete rakendamise ja pärandi hooldaja määramise vastavalt äraolija varale hoolduse seadmise kohta sätestatule, kui käesolevas peatükis sätestatust ei tulene teisiti.
(2) Hoiumeetmete rakendamise ja pärandi hooldaja määramise määrus jõustub selle kättetoimetamisega hooldajale. Määrus tehakse teatavaks ka avaldajale, pärijatele, annakusaajatele ja pärandaja võlausaldajatele ning testamenditäitjale.
(3) Pärija, annakusaaja, pärandi hooldaja, pärandaja võlausaldaja ja testamenditäitja avalduse alusel või omal algatusel võib kohus hoiumeetmeid muuta või tühistada, samuti hooldaja tema kohustustest vabastada.
(4) Määruse peale võib avaldaja või muu käesoleva paragrahvi lõikes 3 nimetatud isik esitada määruskaebuse.
[RT I 2005, 39, 308 - jõust. 01.01.2006]
(5) Hoiumeetmete rakendamise ja pärandi hooldaja määramise võib otsustada ka kohtunikuabi. [RT I 2010, 38, 231 - jõust. 01.07.2010]
(6) Kohus teeb pärandi hoiumeetmete rakendamise, muutmise ja lõpetamise kohta pärimisregistrisse kande.
[RT I, 09.10.2013, 1 - jõust. 28.10.2013]

§ 587. Hoiumeetmete kulud

(1) Hoiumeetmete rakendamise vajalikud kulud kantakse pärandvara arvel. Kohtu korraldusel võib hoiumeetmete rakendamise kulude katteks pärandvara müüa. Kui pärandvarast ei jätku kulude katteks, hüvitatakse need käesoleva seadustiku § 584 lõikes 1 nimetatud raha arvel. Kohtu määratud kontole tasutud rahast järelejäänud raha tagastatakse.
[RT I, 31.01.2014, 6 - jõust. 01.04.2014]
(2) Hoiumeetmete rakendamise kulude hüvitamise määruse peale võivad pärija, annakusaaja, pärandi hooldaja, pärandaja võlausaldaja ja testamenditäitja esitada määruskaebuse. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 588. [Kehtetu - RT I 2010, 38, 231 - jõust. 01.07.2010]

§ 589. Loa andmine kinnisasja võõrandamiseks

(1) Pärandvarasse kuuluva kinnisasja võõrandamiseks loa saamise avalduse võib pärandi hooldaja esitada pärandi hoiumeetmeid rakendanud kohtule.
(2) Loa andmise otsustab kohus määrusega. Määruse peale võib pärija, annakusaaja, pärandi hooldaja, testamendi täitja, pärandaja võlausaldaja või selle kinnisasja kaas- või ühisomanik esitada määruskaebuse. Ringkonnakohtu määruse peale määruskaebuse kohta ei saa Riigikohtule edasi kaevata.

§ 590. Pärandi hooldaja aruanne

(1) Hooldamise lõppemisel esitab pärandi hooldaja kohtule aruande. Kohus võib pärandi hooldajalt aruannet nõuda ka enne hooldamise lõpetamist. Pärijal ja annakusaajal on õigus esitatud aruandega tutvuda.
(2) Aruandes märgitakse esialgne pärandvara koosseis, väljamaksed pärandvarast, samuti sissetulekud tulutoovast pärandvarast.
(3) Kui pärandi hooldamise alused on ära langenud, lõpetab kohus määrusega pärandvara valitsemise ja vabastab pärandi hooldaja ametist.
(4) Hooldamise lõpetamise või sellest keeldumise määruse peale võivad pärija, annakusaaja, testamenditäitja, pärandaja võlausaldaja ja pärandisse kuuluva vara ühis- või kaasomanik esitada määruskaebuse.
[RT I 2005, 39, 308 - jõust. 01.01.2006]

58. peatükk REGISTRIASJAD

§ 591. Kohtu peetavad registrid

Maakohtud peavad järgmisi seaduses sätestatud registreid:
1) äriregister;
2) mittetulundusühingute ja sihtasutuste register;
3) kinnistusraamat;
4) laevakinnistusraamat;
5) abieluvararegister;
6) kommertspandiregister.

§ 592. Registripidamise kord

(1) Registripidamise kord sätestatakse seaduses. Justiitsminister võib määrusega kehtestada tehnilisi ja korralduslikke nõudeid registripidamisele ja kannete tegemisele.
(2) Kohtu peetavatele registritele ja nende pidamisele kohaldatakse avaliku teabe seaduses andmekogude kohta sätestatut käesolevas seaduses sätestatud erisustega.
[RT I 2007, 12, 66 - jõust. 25.02.2007]

§ 593. Kandeavaldus

(1) Kohus teeb registrisse kandeid üksnes avalduse või kohtulahendi alusel, kui seaduses ei ole sätestatud teisiti.
(2) Kandeavaldused esitatakse kohtule seaduses sätestatud vormis seadusega selleks õigustatud isiku poolt.
(3) Avaldust esitama õigustatud isik võib avalduse kuni selle kohta kandemääruse tegemiseni tagasi võtta. Avalduse tagasivõtmiseks tuleb esitada kohtule avaldusega samas vormis avaldus, milles näidatakse ära avalduse tagasivõtmise põhjus.
(4) Notar, kes tõestas või kinnitas avalduse, võib esindada avaldajat kohtus registriasja lahendamisel. Notar võib muu hulgas avaldaja nimel esitada avalduse tagasivõtmise või muutmise avalduse ning määruskaebuse. Avaldaja võib notari esindusõiguse lõpetada.

§ 594. Avaldust või nõusolekut asendav kohtulahend

Kui kande tegemiseks on vajalik isiku avaldus või nõusolek, asendab seda ka jõustunud või viivitamatule täitmisele kuuluv kohtulahend, millega on tuvastatud isiku kohustus kande tegemisele kaasa aidata, või õigussuhe, millest tulenevalt tuleb kanne teha.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 595. Kohtuniku ja kohtunikuabi pädevus

(1) Kohtu peetavasse registrisse teeb kandeid ja registri pidamise alaseid määruseid, sealhulgas trahvimääruseid, kohtunik või kohtunikuabi.
(2) Kohtunikuabi peab määruse või kande tegemise andma pädevale kohtunikule, kui:
1) tuleb rakendada teise riigi õigust;
2) ta soovib kõrvale kalduda talle teadaolevast kohtuniku seisukohast;
3) avalduse läbivaatamisel ilmnevad õiguslikud raskused;
4) tema arvates on kohaldamisele kuuluv säte vastuolus põhiseadusega või Euroopa Liidu õigusega;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
5) otsustatakse juriidilise isiku sundlõpetamine, likvideerimise läbiviimine või likvideerijate määramine;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
6) muul seaduses sätestatud juhul.
(3) Kohtunik võib määruse või kande tegemise anda tagasi kohtunikuabile. Sel juhul on kohtunikuabi seotud kohtuniku seisukohaga.
(4) Kohtunikuabi taandamisele kohaldatakse käesolevas seadustikus kohtuniku taandamise kohta sätestatut.

§ 596. Kandemäärus

(1) Registriasjas lahendatakse avaldus kandemäärusega ja selle alusel tehakse kanne.
(2) Kui avalduses on kande tegemist takistav puudus või kui puudub vajalik dokument ja puudust on ilmselt võimalik kõrvaldada, määrab kohus tähtaja puuduse kõrvaldamiseks. Kui puudust tähtaja möödumise ajaks kõrvaldatud ei ole, jätab kohus avalduse kandemäärusega rahuldamata.
(3) Kui kohus rahuldab kandeavalduse täielikult, teeb ta registrisse kande kandemäärust eraldi vormistamata. Kandemääruseks loetakse sel juhul kande sisu.
(4) Kui kohus rahuldab avalduse osaliselt, teeb ta rahuldatava osa kohta kande ning muu osa kohta rahuldamata jätmise kandemääruse.
[RT I 2006, 7, 42 - jõust. 04.02.2006]

§ 597. Kande tegemine

(1) Kandemäärus täidetakse ja kanne tehakse viivitamata, kui seaduses ei ole ette nähtud teisiti. (2) Kandemäärus, millega avaldus jäetakse rahuldamata, toimetatakse avaldajale kätte.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kandemäärus, millega avaldus rahuldatakse, edastatakse avaldajale justiitsministri määruses ettenähtud viisil.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kui avalduseta kandemääruse alusel tehakse kanne, toimetatakse määrus kätte isikutele, kelle või kelle vara kohta kanne tehakse.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 598. Kandeavalduse menetluse peatamine seoses õigusvaidlusega

Kui kandeavalduse lahendamiseks tuleks äriregistri- või mittetulundusühingute ja sihtasutuste registriasja menetleval kohtul anda hinnang vaidlusalusele õigussuhtele, võib kohus peatada avalduse menetlemise kuni vaidluse lahendamiseni hagimenetluses. Kui sel juhul ei ole hagi veel esitatud, võib kohus määrata asjaosalisele hagi esitamiseks tähtaja. Äriregistri või
mittetulundusühingute ja sihtasutuste registri asja menetluse võib peatada ka käesoleva seadustiku §-s 356 sätestatud juhul.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 599. Kandemääruse peale määruskaebuse esitamine

Kandemääruse peale, millega kandeavaldus jäeti rahuldamata või rahuldati osaliselt, samuti määruse peale, millega määrati tähtaeg puuduste kõrvaldamiseks pikemaks ajaks kui kuus kuud, võib avaldaja esitada määruskaebuse. Kohtu omal algatusel tehtud kande aluseks oleva määruse peale võib määruskaebuse esitada kandest puudutatud isik.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 600. Ebaõige kande parandamine

(1) Kande peale ei saa kaevata, kuid registrit pidavalt kohtult võib taotleda ebaõige kande parandamist seaduses sätestatud korras.
(2) Seaduses sätestatud juhul muudab registrit pidav kohus andmeid omal algatusel. Registrit pidav kohus parandab kande, kui kande aluseks olev kandemäärus on tühistatud või muudetud.

§ 601. Trahvi määramine

(1) Kui kohtul on põhistatud andmeid selle kohta, et registrisse on kantud valeandmeid või et andmed, mis seaduse kohaselt tuleb kohustuslikult registrisse kanda, on esitamata jäetud, teeb kohus määruse, millega kohustab andmete esitamiseks kohustatud isikuid trahvi ähvardusel esitama õigeid andmeid või esitama määruse kohta vastuväite. Kohus võib trahvi määrata ka muul seaduses sätestatud juhul.
(2) Kui kohtu määratud tähtaja jooksul kohustust ei täideta ega esitata ka vastuväidet, teeb kohus trahvimääruse ja kordab varasemat määrust andmete esitamise kohta koos uue trahvi määramise hoiatusega. Kohus toimib sel viisil seni, kuni kohustus täidetakse või esitatakse määruse kohta vastuväide.
(3) Kui kohtu määratud tähtaja jooksul esitatakse määruse kohta vastuväide, milles toodud asjaolud vajavad lähemat selgitamist, kutsub kohus asjaosalised välja asjaolude selgitamiseks.
(4) Kui kohus peab esitatud vastuväidet põhjendatuks, tühistab ta oma varasema määruse või vähendab trahvi.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Kui vastuväide ei ole põhjendatud, teeb kohus trahvimääruse ja uue määruse kohustuse täitmise kohta. Uues määruses ettenähtud tähtaeg ei hakka kulgema enne määruse peale määruskaebuse esitamise tähtaja möödumist.
(6) Kui korduvale määrusele esitatakse põhjendatud vastuväide, võib kohus ühtlasi tühistada varem tehtud trahvimääruse või trahvi vähendada, kui see on põhjendatud.
(7) Trahvi määramisel jätab kohus määruses ka menetluskulud asjaosaliste kanda.
(8) Trahvimääruse peale võib trahvitud isik esitada määruskaebuse. Ringkonnakohtu määruse peale määruskaebuse kohta ei saa Riigikohtule edasi kaevata.
[RT I 2005, 39, 308 - jõust. 01.01.2006]

59. peatükk JURIIDILISE ISIKU JUHATUSE JA NÕUKOGU ASENDUSLIIKME, AUDIITORI, ERIKONTROLLI LÄBIVIIJA JA LIKVIDEERIJA MÄÄRAMINE

§ 602. Juriidilise isiku juhtorganite liikmete ja muude isikute määramine

Kohus määrab seaduses sätestatud juhul huvitatud isiku avalduse alusel juriidilise isiku juhatusse või nõukogusse asendusliikme või audiitori, samuti erikontrolli läbiviimise ja läbiviija. Likvideerija võib kohus määrata ka omal algatusel, muu hulgas juriidilise isiku sundlõpetamise korral. Kohus võib juriidilisele isikule määrata juhtorgani asendusliikme omal algatusel, sõltumata juriidilise isiku põhikirja võimalikest piirangutest, kui kohtul ei ole õnnestunud juriidilisele isikule kätte toimetada menetlusdokumente põhjusel, et juhtorgani liikmed ei ole välismaal oleku tõttu või muul põhjusel kättesaadavad või ei ole nende viibimiskoht teada.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 603. Nõuded määratavatele isikutele

(1) Kohus võib käesoleva seadustiku §-s 602 nimetatud ametisse määrata iga isiku, kes vastab seaduses nimetatud nõuetele ning on kohtu hinnangul võimeline oma ülesandeid vajalikul tasemel täitma.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Likvideerijaks võib kohus nimetada muu hulgas pankrotihalduri. (3) Isiku määramiseks on vajalik tema nõusolek.

§ 604. Isiku määramise kord

(1) Käesoleva seadustiku §-s 602 nimetatud isiku määramise avalduses tuleb võimaluse korral nimetada kandidaadi nimi, kelle määramist soovitakse. Kohus ei ole isiku määramisel avaldusega seotud.
(2) Kui kohus ei leia mõistliku aja jooksul isikut, kes vastaks seaduses sätestatud nõuetele ja oleks nõus ameti vastu võtma ning avaldaja ei suuda kohtu määratud tähtaja jooksul ühtki sobivat kandidaati kohtule esitada, jäetakse avaldus rahuldamata või menetlus lõpetatakse. Kui sundlõpetatud eraõiguslikule juriidilisele isikule ei õnnestu määrata likvideerijat ja mõistliku aja
jooksul ei ole algatatud ka eraõigusliku juriidilise isiku pankrotimenetlust, määrab kohus ühtlasi, et isiku likvideerimismenetlust läbi ei viida ja juriidiline isik kustutatakse registrist.
(3) Kohus kuulab enne isiku määramist huvitatud isikud võimaluse korral ära. Enne erikontrolli määramist peab kohus ära kuulama äriühingu juhatuse ja nõukogu seisukoha ning audiitori.
(4) Juhatuse või nõukogu liikme, audiitori või likvideerija määramisel võib täpsustada nende ülesandeid.
(5) Kohus võib määratud isiku ka omal algatusel vabastada ja uue isiku määrata. [RT I 2005, 39, 308 - jõust. 01.01.2006]

§ 605. Tasu maksmine ja kulutuste hüvitamine kohtu määratud isikule

(1) Käesoleva seadustiku §-s 602 nimetatud isik võib nõuda juriidiliselt isikult talle tekkinud kulutuste hüvitamist ja tasu oma tegevuse eest. Kui isik ei jõua selles juriidilise isikuga kokkuleppele, määrab kohus tasu ja hüvitatavad kulutused avalduse alusel määrusega.
(2) Kohus võib nõuda avaldajalt või juriidiliselt isikult, kelle huvides isik ametisse määratakse, selleks ettenähtud kontole kulude ja tasu katteks vajaliku ettemaksu tasumist. Kui kohtu määratud summat kohtu määratud tähtpäevaks ei tasuta, jäetakse avaldus rahuldamata või menetlus lõpetatakse. Kui ettemaksu ei tasuta sundlõpetatud eraõigusliku juriidilise isiku likvideerimise kulude katteks ja mõistliku aja jooksul ei ole algatatud ka eraõigusliku juriidilise isiku pankrotimenetlust, võib kohus määrata ühtlasi, et isiku likvideerimismenetlust läbi ei viida või see lõpetatakse ning juriidiline isik kustutatakse registrist.
[RT I, 31.01.2014, 6 - jõust. 01.04.2014]

§ 606. Määruste kehtivus ja edasikaebamine

[RT I 2008, 59, 330 - jõust. 01.01.2009]

(1) Käesolevas peatükis nimetatud määrused kehtivad ja kuuluvad täitmisele alates edastamisest juriidilisele isikule.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Isiku määramise avalduse rahuldamise või rahuldamata jätmise või menetluse lõpetamise määruse peale võivad avaldaja ja juriidiline isik esitada määruskaebuse.
(3) Juriidilise isiku arvel isikule määratava tasu ja kulutuste suuruse kohta tehtud määruse peale võivad esitada määruskaebuse ametisse nimetatud isik ja juriidiline isik. Kohtu määratud kontole ettemaksu tasumiseks kohustava määruse peale võib maksmiseks kohustatud isik esitada määruskaebuse, kui nõutav summa ületab 300 eurot.
[RT I, 31.01.2014, 6 - jõust. 01.04.2014]
(4) Käesoleva paragrahvi lõikes 3 nimetatud määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa Riigikohtule edasi kaevata.
[RT I 2005, 39, 308 - jõust. 01.01.2006]

60. peatükk ÄRIÜHINGU OSANIKELE JA AKTSIONÄRIDELE HÜVITISE SUURUSE MÄÄRAMINE

§ 607. Äriühingu osanikele ja aktsionäridele hüvitise suuruse määramine

Käesolevas peatükis sätestatut kohaldatakse äriühingu osanikele ja aktsionäridele äriseadustiku
§ 3638 lõikes 3, § 398 lõikes 3, § 404 lõikes 1, § 441 lõikes 3, § 448 lõikes 1, § 481 lõikes 3 ja §
488 lõikes 1 nimetatud hüvitise suuruse määramiseks.

§ 608. Hüvitise suuruse määramise avaldus

(1) Kohus määrab äriühingu osanikele ja aktsionäridele käesolevas peatükis sätestatud korras hüvitise suuruse üksnes hüvitise suuruse määramiseks õigustatud osaniku või aktsionäri avalduse alusel.
(2) Avalduse võib esitada kolme kuu jooksul alates ajast, millal ülevõtmisotsus edastati vastavalt äriseadustiku §-le 36310 äriregistri pidajale, äriühingute ühinemise kandmisest ühendava ühingu asukoha äriregistrisse, jagunemise kandmisest jaguneva äriühingu asukoha äriregistrisse või ümberkujundamise äriregistrisse kandmisest, kui seaduses ei ole sätestatud teisiti.
(3) Hüvitise suuruse määramise avalduses tuleb muu hulgas märkida:
1) hüvitise maksmiseks kohustatud isik ning tema osade või aktsiate arv ja osade või nimiväärtusega aktsiate nimiväärtus;
[RT I 2010, 20, 103 - jõust. 01.07.2010]
2) hüvitise maksmise aluseks olevad asjaolud;
3) taotletav hüvitise suurus ja selle põhjendus, muu hulgas vastuväited hüvitise maksmiseks kohustatud isiku arvestusele, kui see nähtub hüvitise suurust põhjendavast aruandest.
(4) Kohus võib anda avaldajale täiendava tähtaja käesoleva paragrahvi lõike 3 punktis 3 nimetatud põhjenduse esitamiseks, kui avaldaja põhistab, et aruanne ei olnud talle mõjuval põhjusel avalduse esitamise ajaks kättesaadav ja ta nõuab samaaegselt selle esitamist hüvitise maksmiseks kohustatud isikult.

§ 609. Avalduste ühine menetlemine ning osanikele ja aktsionäridele esindaja määramine

(1) Erinevad avaldused hüvitise saamiseks samadel asjaoludel liidetakse pärast seaduses sätestatud hüvitise maksmise tähtaja möödumist ühte menetlusse.
(2) Kohus määrab menetluses õiguste kaitsmiseks ühise esindaja või mitu esindajat ka neile osanikele või aktsionäridele, kes avaldust hüvitise määramiseks ei esitanud, kuid olid selleks õigustatud, kui osanike või aktsionäride õigused ei ole ilmselt muul viisil piisavalt kaitstud.
(3) Kohus avaldab menetluse ja osanikele või aktsionäridele esindaja määramise kohta teate väljaandes Ametlikud Teadaanded. Kui menetlus puudutab aktsiaseltsi, millel on üle 100 aktsionäri, avaldatakse teade ka vähemalt ühes üleriigilise levikuga päevalehes.
(4) Kohtu määratud esindaja võib jätkata menetlust ka pärast menetluse algatamise avalduse tagasivõtmist või sellest loobumist. Sel juhul loetakse avaldajaks esindaja esindatavad osanikud või aktsionärid.
(5) Osanik või aktsionär, kellele määrati esindaja käesoleva paragrahvi lõikes 2 sätestatud korras, võib määratud esindaja asemel osaleda menetluses isiklikult või enda määratud esindaja kaudu.

§ 610. Hüvitise määramise avalduse lahendamise ettevalmistamine

(1) Kohus toimetab hüvitise suuruse määramise avalduse viivitamata kätte hüvitise maksmiseks kohustatud isikule ja teiste osanike või aktsionäride esindajatele.
(2) Kohus kohustab hüvitise maksmiseks kohustatud isikut avaldusele kirjalikult vastama. Vastuses tuleb muu hulgas võtta seisukoht maksmisele kuuluva hüvitise ning võimalike juurdemaksete suuruse kohta.
(3) Hüvitise maksmiseks kohustatud isik peab vastusele lisama hüvitise arvestamise aluseks olnud aruande ja võimaliku audiitori aruande. Avaldaja ja teise osaniku või aktsionäri või tema esindaja soovil kohustab kohus hüvitise maksmiseks kohustatud isikut edastama neile tasuta nimetatud dokumentide ärakirjad.
(4) Kohus edastab hüvitise maksmiseks kohustatud isiku vastuse avaldajale ja teistele osanikele või aktsionäridele või nende esindajatele ja määrab tähtaja vastuse kohta kirjaliku seisukoha esitamiseks.
(5) Kohus võib asja lahendamist ette valmistades määrata ekspertiisi, kohustada hüvitise maksmiseks kohustatud isikut esitama kohtule või eksperdile muid hüvitise arvestamise aluseks olnud või muid asja lahendamiseks olulisi dokumente ning kohustada hüvitise maksmiseks kohustatud isikut või avaldajat tasuma menetluskulude katteks piisava ettemakse. Kohus võib hüvitise maksmiseks kohustatud isiku taotlusel ja mõlemapoolseid huvisid kaaludes mõjuval põhjusel, eelkõige ärisaladuse hoidmiseks, määrata, et avaldaja ei või hüvitise määramise aluseks olevate dokumentidega tutvuda.

§ 611. Asja lahendamine kohtuistungil

(1) Kohus lahendab asja kohtuistungil. Mõjuval põhjusel võib kohus lahendada asja istungit pidamata.
(2) Kohus võib ka omal algatusel kutsuda istungile eksperdi ja kuulata ära tema arvamuse, sõltumata sellest, kas ekspert andis eelnevalt asja kohta kirjaliku arvamuse.

§ 612. Hüvitise suuruse kohta tehtud määruse jõustumine ja edasikaebamine

(1) Hüvitise suuruse määramise avalduse kohta tehtud määrus jõustub ja kuulub täitmisele, kui seaduse järgi ei saa määruse peale enam edasi kaevata või kui määruskaebus jäetakse jõustunud
lahendiga rahuldamata või läbi vaatamata. Hüvitise suuruse määruse alusel võivad osanikud või aktsionärid esitada nõuded hüvitise väljamaksmiseks.
(2) Käesoleva paragrahvi lõikes 1 nimetatud määrus kehtib kõigi osanike ja aktsionäride suhtes. (3) Kohus avaldab määruse resolutsiooni ka väljaandes Ametlikud Teadaanded. Kui menetlus
puudutab aktsiaseltsi, kellel on üle 100 aktsionäri, avaldatakse määruse resolutsioon ka vähemalt ühes üleriigilise levikuga päevalehes.
(4) Käesoleva paragrahvi lõikes 1 nimetatud määruse peale võib avaldaja, hüvitise maksmiseks ja saamiseks kohustatud isik ning kohtu määratud osanike või aktsionäride esindaja esitada määruskaebuse.
[RT I 2005, 39, 308 - jõust. 01.01.2006]

61. peatükk KORTERIOMANDI JA KAASOMANDI ASJAD

§ 613. Hagita menetlus korteriomandi ja kaasomandi asjades

(1) Kohus lahendab hagita menetluses:
1) korteriomaniku avalduse alusel asja, mis tuleneb korteriomanike ühisusest ja kaasomandi eseme valitsemisest ning puudutab korteriomanike omavahelisi õigusi ja kohustusi, välja arvatud nõuded, mis korteriomandiseaduse § 9 kohaselt tulenevad ühisuse lõpetamise erisusest, ja nõuded, mis korteriomandiseaduse § 14 järgi on esitatud korteriomandi võõrandamise kohustamiseks;
2) korteriomaniku või valitseja avalduse alusel asja, mis tuleneb kaasomandi valitsemise reguleerimisest ning mis käsitleb valitseja õigusi ja kohustusi;
3) korteriomaniku või kolmanda isiku avalduse alusel asja, mis käsitleb korteriomandiseaduse §
20 lõike 3 kohast valitseja nimetamist;
4) korteriomaniku või valitseja avalduse alusel asja, mis käsitleb korteriomanike otsuste kehtivust.
(2) Kohus lahendab hagita menetluses ka kinnisasja, mille oluliseks osaks on elamu, kaasomanike vaidlused käesoleva paragrahvi lõikes 1 nimetatud küsimustes, mis on seotud kaasomandi esemeks olevate eluruumide või ühiskasutuses olevate ruumide või maa kasutamisega või valitsemisega või kaasomanike otsustega.
(3) Seaduse, korteriomanike kokkuleppe või otsusega reguleerimata küsimustes lähtub kohtunik kaalutlusõigusest.
(4) Hagimenetluses võib käesoleva paragrahvi lõikes 1 nimetatud asja läbi vaadata, kui see on esitatud vastuhagina või koos nõudega, mis tuleb läbi vaadata hagimenetluses.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Käesoleva paragrahvi lõikes 1 nimetatud asjast tuleneva maksenõude võib esitada maksekäsu kiirmenetluses.

§ 614. Menetlusosalised

Menetlusosaliste hulka kuuluvad korteriomanikud või kaasomanikud, käesoleva seadustiku §
613 lõike 1 punktides 2 ja 4 nimetatud juhul samuti valitseja ja käesoleva seadustiku § 613 lõike
1 punktis 3 nimetatud juhul ka kolmas isik.

§ 615. Asja menetlemine

(1) Üldjuhul arutab kohus menetlusosalistega asja suuliselt ja püüab neid suunata kokkulepet sõlmima.
(2) Kokkuleppe saavutamisel vormistatakse see kirjalikult või protokollitakse ja loetakse kohtulikuks kompromissiks, mille kohus määrusega kinnitab.
(3) Määruses peab kohus märkima abinõud, mis on määruse täitmiseks vajalikud.

§ 616. Esialgne õiguskaitse

Kohus võib asja menetlemisel avalduse alusel või omal algatusel kohaldada määrusega hagita menetluses avalduse tagamiseks vajalikku esialgset õiguskaitset.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 617. Määruskaebuse esitamine

(1) Kohtu määrus avalduse rahuldamise või rahuldamata jätmise kohta jõustub ja kuulub täitmisele, kui seaduse järgi ei saa määruse peale enam edasi kaevata või kui määruskaebus jäetakse jõustunud lahendiga rahuldamata või läbi vaatamata või menetlusse võtmata.
(2) Kohtu määruse peale avalduse rahuldamise või rahuldamata jätmise kohta võib esitada määruskaebuse.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 618. Määruse muutmine

Asjaolude olulisel muutumisel võib kohus asjaosalise avalduse alusel tehtud määrust või kompromissi määrusega muuta, kui see on vajalik raskete tagajärgede ärahoidmiseks.

611. peatükk AVALIKULT KASUTATAVALE TEELE JUURDEPÄÄSU JA TEHNORAJATISE TALUMISE ASJAD

[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 6181. Menetlus avalikult kasutatavale teele juurdepääsu ja tehnorajatise talumise asjades

(1) Käesolevas peatükis sätestatud korras lahendatakse avaldusi avalikult kasutatavale teele juurdepääsuks (asjaõigusseaduse § 156 lõige 1) ning tehnorajatise talumiskohustuse suhtes (asjaõigusseaduse § 158 lõige 1 ja asjaõigusseaduse rakendamise seaduse § 152).
(2) Hagimenetluses võib käesoleva paragrahvi lõikes 1 nimetatud avalduse läbi vaadata, kui see on esitatud vastuhagina või koos nõudega, mis tuleb läbi vaadata hagimenetluses.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 6182. Menetlusosalised

(1) Menetlusosalised on avaldaja ja kinnisasjade omanikud, keda avalduse lahendamine puudutab, samuti vaidlusaluste kinnisasjade asukoha järgne valla- või linnavalitsus. Kohus ei pea valla- või linnavalitsust menetlusse kaasama, kui see ei puuduta tema huve või ei aita kaasa asja lahendamisele.
(2) Kohtu ülesandel kogub ja esitab valla- või linnavalitsus kohtule asja lahendamiseks vajalikke andmeid, sõltumata sellest, kas ta on kaasatud asja lahendamisse menetlusosalisena.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 6183. Esialgne õiguskaitse

Kohus võib asja menetlemisel avalduse alusel või omal algatusel kohaldada määrusega esialgset õiguskaitset.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 6184. Asja menetlemine

(1) Üldjuhul arutab kohus menetlusosalistega asja suuliselt ja püüab neid suunata kokkulepet sõlmima.
(2) Kokkuleppe saavutamisel vormistatakse see kirjalikult või protokollitakse ja loetakse kohtulikuks kompromissiks, mille kohus määrusega kinnitab.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 6185. Määruse muutmine

Asjaolude olulisel muutumisel võib kohus asjaosalise avalduse alusel tehtud määrust või kompromissi määrusega muuta, kui see on vajalik raskete tagajärgede ärahoidmiseks.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 6186. Määruse jõustumine ja määruskaebuse esitamine

(1) Kohtu määrus avalduse rahuldamise või rahuldamata jätmise kohta jõustub ja kuulub täitmisele, kui seaduse järgi ei saa määruse peale enam edasi kaevata või kui määruskaebus jäetakse jõustunud lahendiga rahuldamata või läbi vaatamata või menetlusse võtmata.
(2) Kohtu määruse peale avalduse rahuldamise või rahuldamata jätmise kohta võib esitada määruskaebuse.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

62. peatükk TSIVIILASJAS TEHTUD VÄLISRIIGI KOHTULAHENDITE JA MUUDE TÄITEDOKUMENTIDE TUNNUSTAMINE JA TÄITMINE

§ 619. Euroopa Liidu liikmesriigi kohtulahendi ja muu täitedokumendi tunnustamine

(1) Tsiviilasjas tehtud Euroopa Liidu liikmesriigi kohtulahendite ja muude täitedokumentide tunnustamisele ja täitmisele Eestis kohaldatakse käesolevas seadustikus sätestatut üksnes ulatuses, milles EL Nõukogu määruses 44/2001/EÜ kohtualluvuse ja kohtuotsuste täitmise kohta tsiviil- ja kaubandusasjades ja määruses 2201/2003/EÜ, mis käsitleb kohtualluvust ning kohtuotsuste tunnustamist ja täitmist kohtuasjades, mis on seotud abieluasjade ja vanemliku vastutusega ning millega tunnistatakse kehtetuks määrus 1347/2000/EÜ ja Euroopa Parlamendi
ja nõukogu määruses (EÜ) nr 805/2004, millega luuakse Euroopa täitekorraldus vaidlustamata nõuete kohta (ELT L 143, 30.04.2004, lk 15–39), määruses (EÜ) nr 1896/2006, määruses (EÞ( �br/>nr 861/2007, nõukogu määruses (EÜ) nr 4/2009 kohtualluvuse, kohaldatava õiguse, kohtuotsuste tunnustamise ja täitmise ning koostöö kohta ülalpidamiskohustuste küsimustes ning muudes Euroopa Parlamendi ja Nõukogu määrustes ei ole ette nähtud teisiti.
[RT I, 14.03.2011, 2 - jõust. 18.06.2011]
(2) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009] (3) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 6191. Euroopa Parlamendi ja nõukogu määruse (EÜ) nr 805/2004 rakendamine

(1) Euroopa Parlamendi ja nõukogu määruse (EÜ) nr 805/2004 artikli 6 lõigete 2 ja 3, artikli 9 lõike 1 ning artikli 24 lõike 1 järgseid kinnitusi väljastavad kohtulahendi teinud maakohtud. Määruse artikli 25 lõike 1 järgi väljastab nõude kohta koostatud avaliku dokumendi kinnituse Euroopa täitekorraldusena Harju Maakohus.
(2) Käesoleva paragrahvi lõikes 1 nimetatud kinnituse väljastamise lahendab kohus kirjalikus menetluses. Kinnitus toimetatakse kätte kostjale või võlgnikule ja edastatakse kinnituse taotlejale. Kinnituse andmata jätmise määrus toimetatakse avaldajale kätte ning avaldaja võib esitada selle peale määruskaebuse.
(3) Käesoleva paragrahvi lõikes 1 nimetatud määruse artikli 10 lõike 1 punktis a nimetatud juhul võib lahendi teinud kohus parandada lahendi Euroopa täitekorraldusena kinnitamise määrust samadel alustel ja samas korras Eesti kohtulahenditega.
(4) Käesoleva paragrahvi lõikes 1 nimetatud määruse artikli 10 lõike 1 punktis b nimetatud juhul võib kinnituse andnud kohus kinnitamise kostja või võlgniku avalduse alusel määrusega
tühistada, kui kinnitus on väljastatud ebaõigesti. Kinnituse tühistamise avalduse võib kostja või võlgnik esitada 30 päeva jooksul alates kohtulahendi või muu täitekorralduse ja kinnituse kättetoimetamisest, välismaale kättetoimetamise korral kahe kuu jooksul kohtulahendi või muu täitekorralduse ja kinnituse kättetoimetamisest. Kinnitamise tühistamise või sellest keeldumise määruse peale võib esitada määruskaebuse.
(5) Käesoleva paragrahvi lõikes 1 nimetatud määruse artikli 20 lõike 2 punkti c kohaselt võetakse Eestis Euroopa täitekorraldus täitmisele üksnes juhul, kui see on koostatud eesti või inglise keeles või kui kinnitusele on lisatud eesti- või ingliskeelne tõlge.
(6) Euroopa täitekorralduse Eestis täitemenetluses täitmisele ja võlgniku õiguskaitsevahenditele kohaldatakse Eestis täitemenetluse kohta sätestatut niivõrd, kuivõrd käesoleva paragrahvi lõikes
1 nimetatud määruses ei ole ette nähtud teisiti. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 620. Tsiviilasjas tehtud muu välisriigi kohtulahendi tunnustamine

(1) Tsiviilasjas tehtud välisriigi kohtulahend kuulub Eesti Vabariigis tunnustamisele, välja arvatud juhul, kui:
[RT I 2008, 59, 330 - jõust. 01.01.2009]
1) lahendi tunnustamine oleks ilmselt vastuolus Eesti õiguse oluliste põhimõtetega (avaliku korraga), eelkõige isikute põhiõiguste ja -vabadustega;
2) kostja või muu võlgnik ei ole saanud oma õigusi mõistlikult kaitsta, eelkõige kui ta ei saanud kohtukutset või muud menetlust algatavat dokumenti kätte õigel ajal ja nõuetekohasel viisil, välja arvatud juhul, kui tal oli mõistlik võimalus kohtulahend vaidlustada ja ta seda ettenähtud tähtaja jooksul ei teinud;
3) lahend on vastuolus samade poolte vahel samas asjas Eestis tehtud varasema lahendiga või kui samade poolte vahel on samas asjas esitatud hagi Eesti kohtusse;
4) lahend on vastuolus samade poolte vahel samas asjas Eestis varem tunnustatud või täidetud välisriigi kohtu lahendiga;
5) lahend on vastuolus samade poolte vahel samas asjas välisriigis tehtud, kuid Eestis tunnustamata varasema lahendiga, eeldusel, et varasem välisriigi kohtulahend on Eestis tunnustatav või täidetav;
6) lahendi teinud kohus ei võinud lahendit teha Eesti õiguse rahvusvahelise kohtualluvuse sätete kohaselt.
(2) Välisriigi kohtulahendit tunnustatakse Eestis üksnes juhul, kui lahend on lahendi teinud riigi õiguse järgi jõustunud, välja arvatud juhul, kui seaduse või välislepingu järgi tuleb lahendit tunnustada ja täita alates ajast, millal otsust saab täita lahendi teinud kohtu asukohariigis.
(3) Välisriigi kohtulahendit tunnustatakse Eestis, ilma et selleks oleks vaja läbi viia eraldi kohtumenetlust. Siiski võib taotleda selle tunnustamise lahendamist käesolevas peatükis lahendi täidetavaks tunnistamiseks ettenähtud korras, kui tunnustamise üle on vaidlus või kui see on isikule muul põhjusel tema õiguste teostamiseks vajalik.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kui välisriigi kohtulahendi tunnustamisest sõltub teise kohtuasja lahendamine, võib tunnustamise otsustada seda kohtuasja lahendav kohus.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 621. Välisriigi kohtulahendi täitmise kord

Välisriigi kohtulahend kuulub Eestis täitmisele üksnes siis, kui lahend on Eesti kohtu poolt tunnistatud täidetavaks, kui seadusest või välislepingust ei tulene teisiti.

§ 622. Välisriigi kohtulahendi täidetavaks tunnistamise avaldus

(1) Välisriigi kohtulahendi täidetavaks tunnistamise avaldus esitatakse kirjalikult ja sellele lisatakse:
1) kohtulahendi ärakiri, mis on tõestatud lahendi teinud kohtu asukohariigi õiguse kohaselt;
2) dokument, mis kinnitab, et kostjale või muule lahendist tulenevale võlgnikule, kes kohtumenetluses ei osalenud, oli õigel ajal kas või kordki vastavalt selle riigi õigusele hagi, kohtukutse või muu menetlust algatav dokument kätte antud;
3) dokument, mis tõendab, et lahendi tegemise riigi õiguse järgi on lahend jõustunud ja täidetav ning kostjale või muule lahendist tulenevale võlgnikule teatavaks tehtud;
4) dokumendid lahendi täitmise kohta, kui seda on juba üritatud täita;
5) dokumendid lahendi täitmise kohta, kui lahendit on juba täidetud;
6) käesoleva lõike punktides 1–5 nimetatud dokumentide vandetõlgi tehtud või notari kinnitatud tõlked eesti keelde.
[RT I, 23.12.2013, 1 - jõust. 01.01.2014]
(2) Kohus võib avaldajale anda tähtaja käesoleva paragrahvi lõikes 1 nimetatud dokumendi esitamiseks. Kui asjaolud seda võimaldavad, võib kohus lahendada asja dokumente nõudmata.
(3) Kohus võib rakendada avalduse tagamiseks esialgse õiguskaitse korras hagi tagamise abinõusid.

§ 623. Välisriigi kohtulahendi täidetavaks tunnistamise määrus

(1) Kohus kontrollib välisriigi kohtulahendi täidetavaks tunnistamise avalduse lahendamisel kohtulahendi tunnustamise eeldusi. Kohtulahendi õigsust sisuliselt ei kontrollita.
(2) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kohus võib vajaduse korral võlgniku ja sissenõudja ära kuulata ning küsida selgitust ka kohtult, kelle lahendi tunnustamist või täitmist taotletakse.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kui lahendi täitmine sõltub lahendi järgi sissenõudja poolt tagatise andmisest, tähtaja möödumisest või muust asjaolust või kui lahendi täidetavaks tunnistamist taotleb muu isik kui lahendis sissenõudjana nimetatu või kui lahendi täitmist taotletakse muu isiku kui lahendis võlgnikuna nimetatu suhtes, hindab kohus lahendi täitmise eelduste olemasolu selle lahendi teinud kohtu asukohariigi õiguse ja menetlusosaliste esitatud tõendite järgi.
(5) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]
(6) Kohus viitab määruses sissenõudja õigusele esitada täidetavaks tunnustatud kohtulahend
Eesti kohtutäiturile täitmiseks.
(7) Määrus, millega avaldus jäetakse rahuldamata, toimetatakse kätte sissenõudjale. Avalduse rahuldamise määrus toimetatakse kätte sissenõudjale ja võlgnikule.

§ 624. Täidetavaks tunnistatud kohtulahendi muutmine või tühistamine

(1) Kui täidetavaks tunnistatud kohtulahend on lahendi teinud kohtu asukohariigis tühistatud või kui seda on muudetud ja võlgnik ei saa sellele asjaolule enam lahendi täidetavaks tunnistamise menetluses tugineda, võib ta taotleda kohtulahendi täidetavaks tunnistanud kohtult lahendi täidetavaks tunnistamise tühistamist või muutmist.
(2) Kohus lahendab käesoleva paragrahvi lõikes 1 nimetatud avalduse kohtulahendi täidetavaks tunnistamise avalduse lahendamiseks ettenähtud korras.
(3) Kohus võib avalduse tagamiseks esialgse õiguskaitse korras muu hulgas peatada täidetavaks tunnistatud lahendist toimuva täitemenetluse, lubada täitemenetluse jätkamist üksnes tagatise vastu või tühistada täitetoimingu.
(4) Avalduse rahuldamise korral tühistab kohus kohtulahendi täidetavaks tunnistamise või muudab seda.

§ 625. Määruse peale määruskaebuse esitamine

(1) Määruse peale, millega välisriigi kohtulahend jäeti täidetavaks tunnistamata või täidetavaks tunnistamine tühistati, võib esitada määruskaebuse sissenõudja.
(2) Määruse peale, millega välisriigi kohtulahend tunnistati täidetavaks või täidetavaks tunnistamist muudeti, võivad esitada määruskaebuse sissenõudja ja võlgnik. Määruskaebuse esitamise tähtaeg on üks kuu alates määruse kättetoimetamisest, välisriiki kättetoimetamise puhul aga kaks kuud kättetoimetamisest.
(3) Välisriigi kohtulahendi täidetavaks tunnistamise määruse peale määruskaebuse esitamise tähtaja möödumiseni või määruskaebuse kohta tehtud lahendi jõustumiseni võib välisriigi kohtulahendi sundtäitmiseks rakendada vaid hagi tagamise abinõusid. Võlgnikul on õigus vältida sundtäitmist tagatise andmisega selle summa suuruses, mille tõttu võib avaldaja taotleda otsuse sundtäitmist. Kohtu loal võib täitemenetluses siiski müüa arestitud vallasvara ja hoiustada müügist saadud raha, kui arestitud vara võib hävineda või selle väärtus oluliselt väheneda või kui selle hoidmine on ebamõistlikult kulukas.

§ 626. Võlgnikule tekitatud kahju hüvitamine

Kui välisriigi kohtulahendi täidetavaks tunnistamise määrus või täidetavaks tunnistamine tühistatakse või seda muudetakse, peab sissenõudja hüvitama võlgnikule täitemenetlusest tekkinud kahju või selle vältimiseks tehtud kulutused.

§ 627. Välisriigi muude täitedokumentide tunnustamine

(1) Käesolevas peatükis sätestatut kohaldatakse vastavalt välisriigis notariaalselt tõestatud või muu avaliku täitedokumendi tunnustamisele ja täitmisele, kui käesolevas paragrahvis sätestatust ei tulene teisiti.
(2) Välisriigis koostatud avalikku dokumenti tunnustatakse Eestis täitedokumendina, kui see:
1) vastab vormiliselt Eestis koostatud kohesele sundtäitmisele kuuluvale täitedokumendile ja
2) kuulub sundtäitmisele koostamise riigis ja
3) ei ole vastuolus Eesti avaliku korraga.

621. peatükk LEPITAJA VAHENDUSEL SÕLMITUD KOKKULEPPE TÄIDETAVAKS TUNNISTAMINE

[RT I 2009, 59, 385 - jõust. 01.01.2010]

§ 6271. Lepitusseaduse § 2 punktides 2 ja 3 nimetatud lepitaja vahendusel sõlmitud kokkuleppe täidetavaks tunnistamise avalduse esitamine

(1) Avalduse lepitusseaduse § 14 lõikes 1 nimetatud lepitusmenetluse tulemusel sõlmitud kokkuleppe täidetavaks tunnistamiseks esitavad kas kõik lepingupooled või üks lepingupool, lisades avaldusele teiste lepingupoolte kirjalikud nõusolekud.
(2) Kohus tunnistab kokkuleppe täidetavaks, tehes selle kohta määruse. (3) Kohus ei tunnista kokkulepet täidetavaks juhul, kui:
1) kokkulepe väljub lepitusseaduse § 14 lõikes 1 kehtestatud piiridest;
2) kokkulepe on vastuolus heade kommetega või seadusega või rikub olulist avalikku huvi;
3) kokkulepet ei ole võimalik täita.
(4) Lepingupool võib esitada määruskaebuse määruse peale, millega kohus jättis lepitusmenetluse tulemusel saavutatud kokkuleppe kas täielikult või osaliselt täidetavaks tunnistamata. Määruskaebuse esitamise tähtaeg on 30 päeva määruse kättetoimetamisest arvates. [RT I 2009, 59, 385 - jõust. 01.01.2010]

§ 6272. Muu isiku vahendusel sõlmitud kokkuleppe täidetavaks tunnistamise avalduse esitamine

(1) Kohus võib käesoleva seaduse §-s 6271 sätestatud eeldustel ja korras täidetavaks tunnistada lepitusseaduse § 2 punktis 1 nimetatud teovõimelise füüsilise isiku, kelle isiku- ja iseloomuomadused tagavad tema erapooletuse ning sõltumatuse, vahendusel sõlmitud kirjaliku kokkuleppe.
(2) Kohus korraldab asja lahendamiseks kohtuistungi ning kuulab ära lepitusmenetluse pooled ja lepitaja.
(3) Kohus kontrollib, kas lepitusmenetlus viidi läbi erapooletult ja ausalt, lähtudes lepitusseaduses sätestatud põhimõtetest.
(4) Lepingupool võib esitada määruskaebuse määruse peale, millega kohus jättis lepitusmenetluse tulemusel saavutatud kokkuleppe kas täielikult või osaliselt täidetavaks tunnistamata. Määruskaebuse esitamise tähtaeg on 30 päeva määruse kättetoimetamisest arvates. [RT I 2009, 59, 385 - jõust. 01.01.2010]

63. peatükk MUUD HAGITA ASJAD

§ 628. Määrused sundvalitsemisel

(1) Kohus lahendab varale sundvalitseja määramise ja talle tasu maksmise, samuti muud sundvalitsemisega seotud küsimused üksnes õigustatud isiku avalduse alusel.
(2) Enne sundvalitseja määramise otsustamist ja talle tasu määramist tuleb asjaosalised võimaluse korral ära kuulata.

§ 629. Juriidilise isiku sundlõpetamine

(1) Kohus algatab juriidilise isiku sundlõpetamise selleks õigustatud isiku või asutuse avalduse alusel või omal algatusel.
(2) Enne sundlõpetamist kuulab kohus võimaluse korral ära juriidilise isiku juhtorganite liikmed.
(3) Sundlõpetamise määruses määrab kohus ka juriidilisele isikule likvideerijad, järgides käesoleva seadustiku §-des 602–606 sätestatut.
(4) Sundlõpetamise määrus kehtib ja kuulub täitmisele alates jõustumisest. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Sundlõpetamise määruse peale võivad avaldaja ja juriidiline isik esitada määruskaebuse.

12. osa MENETLUS RINGKONNAKOHTUS

64. peatükk APELLATSIOONIMENETLUS

1. jagu Ringkonnakohtusse edasikaebamine

§ 630. Apellatsiooni korras edasikaebamise õigus

(1) Pool ja iseseisva nõudega kolmas isik võivad esitada esimese astme kohtu otsuse peale apellatsioonkaebuse. Iseseisva nõudeta kolmas isik võib esitada apellatsioonkaebuse käesoleva seadustiku § 214 lõikes 2 sätestatud tingimustel. Apellatsioonkaebuse esitaja on apellant.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Apellatsioonkaebust ei või esitada, kui mõlemad pooled on apellatsioonkaebuse esitamise õigusest kohtule tehtud avalduses loobunud.
(3) Tagaseljaotsuse peale võib edasi kaevata käesoleva seadustiku §-s 420 sätestatud korras.

§ 631. Apellatsioonkaebuse alus

(1) Apellatsioonkaebuses võib tugineda üksnes väitele, et esimese astme kohtu otsus põhineb õigusnormi rikkumisel või et apellatsioonimenetluses arvestamisele kuuluvate asjaolude ja tõendite kohaselt (käesoleva seadustiku § 652) tuleks apellatsioonimenetluses teha esimese astme kohtu otsusest erinev otsus.
(2) Õigusnormi on rikutud, kui materiaalõiguse või menetlusõiguse normi on ebaõigesti kohaldatud või kui õigusnorm on jäetud osaliselt või täielikult kohaldamata, kuigi seda oleks pidanud asjaoludest tulenevalt kohaldama.
(3) Apellatsioonkaebuses ei või tugineda väitele, et asi tulnuks lahendada halduskohtus või et asi ei allunud otsuse teinud esimese astme kohtule või et asi tulnuks lahendada teises kohtumajas. Apellatsioonkaebuses võib tugineda asjaolule, et Eesti kohus ei olnud pädev asja lahendama rahvusvaheliselt või et asi tuli lahendada vahekohtus, kui sellele asjaolule tugineti õigeaegselt ka maakohtus.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Apellatsioonkaebus ei või tugineda asjaolule, et asi, mis tuli lahendada hagita menetluses, lahendati hagimenetluses, välja arvatud juhul, kui sellele asjaolule tugineti õigeaegselt ka maakohtus ja sellest võis olulisel määral sõltuda asja lahendus.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 632. Apellatsioonitähtaeg

(1) Apellatsioonkaebuse võib esitada 30 päeva jooksul, alates otsuse apellandile kättetoimetamisest, kuid mitte hiljem kui viie kuu möödumisel esimese astme kohtu otsuse avalikult teatavakstegemisest.
(2) Kui maakohus tunnistas asja lahendamisel kohtuotsuse resolutsioonis kohaldamisele kuuluva õigustloova akti põhiseadusega vastuolus olevaks ja jättis selle kohaldamata, ei hakka apellatsioonitähtaeg kulgema enne kohaldamata jäetud õigustloova akti kohta Riigikohtu põhiseaduslikkuse järelevalve korras tehtud otsuse kuulutamist.
(3) Kui apellatsioonitähtaja jooksul tehakse asjas täiendav otsus, hakkab apellatsioonitähtaeg kulgema täiendava otsuse kättetoimetamisest ka esialgselt tehtud otsuse suhtes uuesti. Kirjeldava või põhjendava osata tehtud otsuse täiendamise korral puuduva osaga vastavalt käesoleva seadustiku § 448 lõikele 41 hakkab apellatsioonitähtaeg uuesti kulgema tervikotsuse kättetoimetamisest.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Poolte kohtule avaldatud kokkuleppel saab apellatsioonitähtaega lühendada, samuti pikendada kuni viie kuuni otsuse avalikult teatavakstegemisest.
(5) Ringkonnakohus võib apellandi taotlusel mõjuval põhjusel anda täiendava tähtaja kaebuse põhjendamiseks. Kaebuse põhjendamiseks antakse täiendav tähtaeg käesoleva seadustiku § 187 lõikes 6 sätestatud juhul.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 633. Apellatsioonkaebuse vorm ja sisu

(1) Apellatsioonkaebus esitatakse kohtualluvuse järgsele ringkonnakohtule. (2) Apellatsioonkaebuses märgitakse muu hulgas:
1) kaevatava otsuse teinud kohtu nimetus, otsuse kuupäev ja tsiviilasja number;
2) apellandi selgelt väljendatud taotlus, märkides ära, millises ulatuses apellant esimese astme kohtu otsust vaidlustab ning missugust ringkonnakohtu lahendit apellant taotleb;
3) apellatsioonkaebuse põhjendus;
4) kaevatava otsuse kättetoimetamise aeg.
(3) Apellatsioonkaebuse põhjenduses tuleb märkida:
1) millist õigusnormi on esimese astme kohus oma otsuses või otsuse tegemisel rikkunud või missuguse asjaolu on esimese astme kohus ebaõigesti või ebapiisavalt tuvastanud;
2) millest tuleneb õigusnormi rikkumine või asjaolu ebaõige või ebapiisav tuvastamine;
3) viide tõenditele, millega apellant soovib iga faktiväidet tõendada.
(4) Kaebusele lisatakse dokumentaalsed tõendid, mida esimese astme kohtus ei esitatud ja mille vastuvõtmist apellant kohtult taotleb.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Kui apellatsioonkaebuse põhjendamiseks nimetatakse uusi asjaolusid ja tõendeid, tuleb apellatsioonkaebuses märkida uute asjaolude ja tõendite esimese astme kohtus esitamata jätmise põhjus.
(6) Kui apellant soovib, et kohus kuulaks ära tunnistaja või võtaks menetlusosalise seletuse vande all või korraldaks ekspertiisi või vaatluse, tuleb seda koos põhjendusega kaebuses märkida. Sel juhul tuleb kaebuses märkida tunnistajate või ekspertide nimed, aadressid ja sidevahendite numbrid, kui need on teada.
(7) Kui apellant soovib asja arutamist kohtuistungil, peab ta seda apellatsioonkaebuses märkima. Vastasel juhul loetakse, et ta on nõus asja lahendamisega kirjalikus menetluses.
(8) Käesoleva seadustiku § 448 lõikes 41 sätestatud juhul teatatakse maakohtule esmalt apellatsioonkaebuse esitamise soovist.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 634. Apellatsioonkaebuse muutmine

(1) Apellant võib kuni apellatsioonitähtaja lõpuni kaebust muuta ja täiendada, muu hulgas laiendada kaebust kohtuotsuse neile osadele, mille peale esialgselt ei kaevatud. Kaebuse muutmisele kohaldatakse apellatsioonkaebuse kohta sätestatut.
(2) Käesoleva paragrahvi lõikes 1 sätestatu ei välista ega piira apellandi õigust esitada väiteid õiguse tõlgendamise kohta ja vastuväiteid vastustaja poolt apellatsioonimenetluses esitatule ega uusi asjaolusid, mis tekkisid või said apellandile teatavaks pärast apellatsioonitähtaja möödumist.

§ 635. Vastuapellatsioonkaebuse esitamine

(1) Vastuapellatsioonkaebus on apellatsioonkaebus, mille üks pool esitab vastuseks vastaspoole apellatsioonkaebusele sellega ühiseks läbivaatamiseks.
(2) Vastuapellatsioonkaebusele kohaldatakse apellatsioonkaebuse kohta sätestatut, kui käesolevas paragrahvis sätestatust ei tulene teisiti. Vastuapellatsioonkaebuses võib vaidlustada ka kohtuotsuse neid osi, mille peale ei ole apellatsioonkaebuses kaevatud.
(3) Vastustaja võib esitada vastuapellatsioonkaebuse 14 päeva jooksul apellatsioonkaebuse vastustajale kättetoimetamisest alates või ülejäänud apellatsioonitähtaja jooksul, kui see on pikem kui 14 päeva.
(4) Pärast apellatsioonitähtaja möödumist, kuid käesoleva paragrahvi lõikes 3 sätestatud tähtaja jooksul esitatud vastuapellatsioonkaebus jäetakse läbi vaatamata, kui apellant loobub apellatsioonkaebusest, kui seda ei võeta menetlusse, kui see jäetakse läbi vaatamata või kui asja menetlus lõpetatakse.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 636. Toimiku väljanõudmine

(1) Ringkonnakohus nõuab asja menetlenud esimese astme kohtult viivitamata pärast apellatsioonkaebuse kohtule saabumist välja asja toimiku. Esimese astme kohtu kantselei saadab nõutud toimiku viivitamata pärast üleandmisnõude saamist ringkonnakohtule. Samuti saadab esimese astme kohus ringkonnakohtule viivitamata elektrooniliselt kohtulahendi, välja arvatud, kui see on kättesaadav kohtuinfosüsteemi vahendusel.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Pärast apellatsioonimenetluse lõpetamist saadetakse toimik esimese astme kohtule tagasi, välja arvatud juhul, kui see tuleb edasi saata Riigikohtule.

§ 637. Apellatsioonkaebuse menetlusse võtmisest keeldumise alused

(1) Kohus ei võta apellatsioonkaebust menetlusse, kui:
1) apellatsioonkaebus ei allu sellele ringkonnakohtule;
2) apellatsioonkaebus on esitatud pärast apellatsioonitähtaja möödumist;
3) apellatsioonkaebuselt ei ole tasutud riigilõiv;
4) apellatsioonkaebuse apellandi nimel esitanud isik ei ole põhistanud oma esindusõiguse olemasolu;
5) mõlemad pooled on apellatsioonkaebuse esitamise õigusest loobunud;
6) apellatsioonkaebuses toodud väidete õigsust eeldades ei saaks kaebust ilmselt rahuldada.
(2) Kohus ei võta apellatsioonkaebust menetlusse ka siis, kui asja läbivaatamist takistab apellatsioonkaebusele seaduses sätestatud vormi ja sisu nõuete rikkumine, muu hulgas pädeva isiku allkirja puudumine kaebusel.
(21) Käesoleva seadustiku § 405 lõikes 1 nimetatud asjas esitatud apellatsioonkaebus võetakse menetlusse üksnes juhul, kui maakohtu otsuses on antud luba edasikaebamiseks või kui maakohtu otsuse tegemisel on selgelt ebaõigesti kohaldatud materiaalõiguse normi või on selgelt rikutud menetlusõiguse normi või on selgelt ebaõigesti hinnatud tõendeid ja see võis oluliselt mõjutada lahendit.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kui apellatsioonkaebus võetakse menetlusse, võib vastuapellatsioonkaebuse menetlusse võtmisest keelduda üksnes käesoleva paragrahvi lõike 1 punktides 2–4 ja lõikes 2 nimetatud juhtudel.

§ 638. Apellatsioonkaebuse menetlusse võtmise otsustamine

(1) Ringkonnakohus otsustab viivitamata pärast apellatsioonkaebuse saamist määrusega kaebuse menetlusse võtmise või menetlusse võtmisest keeldumise.
(2) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Enne apellatsioonkaebuse menetlusse võtmisest keeldumist võib kohus küsida vastaspoole arvamust selle kohta ja menetlusosalised ära kuulata.
(4) Apellatsioonkaebuse menetlusse võtmisest keeldumise määruses tuleb märkida menetlusse võtmisest keeldumise põhjus. Kui kohus keeldub apellatsioonkaebust menetlusse võtmast, ei toimeta kohus kaebust vastustajale kätte ja tagastab selle kättetoimetamisega apellandile koos lisadega ja kaebuse menetlusse võtmisest keeldumise määrusega.
(5) Kui apellatsioonkaebust ei võeta menetlusse põhjusel, et asi ei allu sellele ringkonnakohtule, edastab kohus apellatsioonkaebuse kohtualluvuse järgi õigele ringkonnakohtule. Kaebus loetakse esitatuks selle esimesse ringkonnakohtusse saabumise ajast. Seda kohaldatakse ka juhul, kui apellatsioonkaebus esitatakse otsuse teinud esimese astme kohtule.
(6) Apellatsioonkaebuse menetlusse võtmisest keeldumise määrus peab olema tehtud asja lahendava kohtukoosseisu poolt ühehäälselt.
(7) Apellatsioonkaebuse menetlusse võtmise määruses tuleb märkida muu hulgas apellatsioonkaebuse kohtusse saabumise aeg.
(8) Kohus toimetab apellatsioonkaebuse menetlusse võtmisest keeldumise määruse apellandile kätte ja edastab teistele menetlusosalistele. Apellatsioonkaebuse menetlusse võtmise määruse edastab kohus menetlusosalistele.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(9) Määruse peale, millega kohus keeldub apellatsioonkaebust menetlusse võtmast, võib apellant esitada määruskaebuse Riigikohtule.
(10) Kui kohus keeldub apellatsioonkaebust menetlusse võtmast ja tagastab selle määrusega, loetakse, et kaebust ei ole esitatud.

2. jagu Menetlus ringkonnakohtus

§ 639. Menetlussätete kohaldamine ja menetlusosalised

(1) Apellatsioonimenetluses kohaldatakse esimese astme kohtu menetluse kohta kehtivaid sätteid, kui apellatsioonimenetluse kohta ei ole sätestatud teisiti või esimese astme kohtu menetluse kohta sätestatu ei ole vastuolus apellatsioonimenetluse olemusega.
(2) Menetlusosalised ringkonnakohtus on apellatsioonimenetluse pooled ja kolmandad isikud. Apellatsioonimenetluse pooled on apellant ja vastustaja. Kui vaidlusalust õigussuhet saab tuvastada üksnes kõigi kaashagejate või -kostjate suhtes ühiselt, loetakse kaashageja ja -kostja kaasapellandiks või -vastustajaks, sõltumata sellest, kas nad apellatsioonkaebuse esitavad või kas apellatsioonkaebus esitatakse nende vastu.

§ 640. Asja ettevalmistamine

(1) Pärast apellatsioonkaebuse menetlusse võtmist ringkonnakohus:
1) toimetab teistele menetlusosalistele kätte apellatsioonkaebuse ärakirja koos lisadega; [RT I 2008, 59, 330 - jõust. 01.01.2009]
2) lahendab poolte taotlused hagi tagamiseks või hagi tagamise tühistamiseks;
3) lahendab poolte taotlused kohtuotsuse viivitamata täitmiseks või täitmise peatamiseks;
4) selgitab, kas asja lahendamine on võimalik kokkuleppega või muul viisil eelmenetluses;
5) määrab menetlusosalise põhjendatud taotluse alusel ekspertiisi, nõuab dokumente ja korraldab vaatluse;
6) määrab kohtuistungi asja läbivaatamiseks, kui asja ei saa lahendada kohtuistungit pidamata;
7) annab vajaduse korral menetlusosalisele tähtaja ringkonnakohtu poolt vajalikuks peetud küsimusele vastamiseks või nõuab menetlusosaliselt vastuse täiendamist kohtu määratud tähtaja jooksul.
(2) Pärast apellatsioonkaebuse menetlusse võtmist valmistab asja lahendamise ette ringkonnakohtu koosseisu määratud liige sellise põhjalikkusega, et asja saaks kohtuistungi korraldamisel lahendada ühel kohtuistungil.
(3) Kohtukoosseisu liige lahendab üksinda menetlusosaliste taotlused asja ettevalmistamisel ja teeb asja arutamist ettevalmistavad või muud korraldavad määrused, muu hulgas määrab
vajaduse korral apellatsioonkaebuse hinna. Tõendi vastuvõtmisest keeldumise otsustab kohtukoosseis.
(4) Kohtukoosseisu liige võib asja ettevalmistamiseks koguda ja uurida tõendeid, kui see on vajalik kohtuistungil asja arutamise lihtsustamiseks ja võib eeldada, et ülejäänud kohtukoosseis saab tõendi kogumise ja uurimise tulemust hinnata ka vahetult tõendi kogumisel ja uurimisel osalemata.
(5) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 641. Menetlusosalistele apellatsioonkaebusest teatamine

(1) Pärast apellatsioonkaebuse menetlusse võtmist kohustab kohus vastustajat koos apellatsioonkaebuse kättetoimetamisega apellatsioonkaebusele kohtu määratud ajaks kirjalikult vastama, märkides ära, mida vastus peab sisaldama. Kohus teavitab vastustajat ka vastuapellatsioonkaebuse esitamise õigusest.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kohus selgitab teistele apellatsioonimenetluse osalistele nende õigust esitada apellatsioonkaebuse suhtes oma seisukoht kohtu määratud tähtaja jooksul.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kui kohus määrab asja arutamiseks kohtuistungi, toimetab kohus menetlusosalistele kätte kutse istungile.
(4) Kohus võib lubada vastustajal ja muul menetlusosalisel vastata apellatsioonkaebusele suuliselt istungil, kui kohus leiab, et kirjalikku vastust ei ole vaja.
(5) Ringkonnakohus võib küsida seisukohta asja lahendamise kohta ka käesoleva seadustiku §
393 lõigetes 3 ja 4 nimetatud riigi- või kohaliku omavalitsuse asutustelt. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 642. Apellatsioonkaebuse vastus

(1) Apellatsioonkaebuse vastuses peab vastustaja muu hulgas märkima:
1) kas apellatsioonkaebus on vastustaja arvates võetud õigesti ringkonnakohtu menetlusse, kui ta ei ole selle kohta oma seisukohta juba avaldanud;
2) kas vastustaja peab kaebust õigeks või vaidleb sellele vastu;
3) vastuväited kaebuse nõudmiste ja põhjenduste kohta ning asjaolud, millele vastustaja tugineb.
(2) Kui vastustaja nimetab oma seisukohtade põhjendamiseks uusi asjaolusid ja tõendeid, tuleb vastuses märkida uute asjaolude ja tõendite esimese astme kohtus esitamata jätmise põhjus.
(3) Kui vastustaja taotleb, et kohus kuulaks ära tunnistaja, eksperdi, poole seletuse vande all või teeks vaatluse, tuleb seda vastuses koos põhjendusega märkida. Sel juhul tuleb vastuses märkida eksperdi ja tunnistaja nimi, aadress ja sidevahendite numbrid.
(4) Kui vastustaja soovib asja arutamist kohtuistungil, peab ta seda vastuses märkima. Vastasel juhul loetakse, et ta on nõus asja lahendamisega kirjalikus menetluses.
(5) Apellatsioonkaebuse vastuse esitamise tähtaeg peab olema vähemalt 14 päeva apellatsioonkaebuse kättetoimetamisest alates.
(6) Apellatsioonkaebuse vastuse ja muu menetlusosalise seisukoha kaebuse suhtes edastab kohus teistele menetlusosalistele koos apellatsioonkaebuse vastusele või muu menetlusosalise seisukohale lisatud dokumentide ärakirjadega.

§ 643. Apellatsioonkaebuse läbivaatamata jätmine

(1) Kohus jätab apellatsioonkaebuse määrusega läbi vaatamata, kui ilmneb, et apellatsioonkaebus oli võetud ringkonnakohtu menetlusse ebaõigesti, samuti muul seaduses sätestatud juhul.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kui apellatsioonkaebuse läbivaatamist takistava puuduse saab ilmselt kõrvaldada, annab kohus määrusega apellandile mõistliku tähtaja puuduse kõrvaldamiseks. Kui apellant jätab kohtu nõudmise tähtpäevaks täitmata, jätab kohus apellatsioonkaebuse läbi vaatamata.
(3) Kohus teatab menetlusosalistele enne määruse tegemist kavandatavast apellatsioonkaebuse läbivaatamata jätmisest ja selle põhjustest ning annab apellandile võimaluse avaldada selle kohta kohtu määratud tähtpäevaks oma arvamust. Vajaduse korral peab kohus avalduse läbivaatamata jätmise lahendamiseks istungi.
(4) Apellatsioonkaebuse läbivaatamata jätmise määruse peale võib esitada määruskaebuse
Riigikohtule.

§ 644. Apellatsioonkaebusest loobumine

(1) Apellant võib apellatsioonkaebusest loobuda kuni asja arutamise lõpetamiseni, kirjaliku menetluse puhul aga kuni avalduste esitamiseks antud tähtaja möödumiseni.
(2) Apellatsioonkaebusest loobumise avaldus esitatakse ringkonnakohtule. Kui avaldust ei esitata kohtuistungil suuliselt, tuleb loobumise avaldus esitada kirjalikult.
(3) Apellatsioonkaebusest loobumise korral loetakse, et apellant ei ole apellatsiooniastmes menetlustoiminguid teinud. Apellatsioonkaebusest loobumise korral ei saa apellant esitada enam uut apellatsioonkaebust sama apellatsioonieseme kohta ja kannab apellatsioonkaebusega seotud menetluskulud.
(4) Kui teine pool ei ole esimese astme kohtu otsuse peale edasi kaevanud või kui vastuapellatsioonkaebus on esitatud pärast apellatsioonitähtaja möödumist, teeb ringkonnakohus apellatsioonkaebusest loobumise kohta määruse, millega lõpetab apellatsioonimenetluse.
(5) Kui kohus ei saa apellatsioonkaebusest loobumise korral menetlust teise poole kaebuse tõttu lõpetada, teeb kohus määruse, millega lõpetab menetluse selle apellatsioonkaebuse osas, millest loobuti. Sel juhul jätkatakse teise kaebuse osas menetlust.
(6) Apellatsioonkaebusest loobumise kohta tehtud määruses märgib kohus apellatsioonkaebusest loobumise õiguslikud tagajärjed.
(7) Apellatsioonkaebuse menetluse lõpetamise määruse peale, samuti määruse peale, millega ringkonnakohus ei võta vastu apellatsioonkaebusest loobumist, võib esitada määruskaebuse Riigikohtule.

§ 645. Hagist loobumine ja kompromiss

(1) Apellatsioonimenetluses hagist loobumise vastuvõtmisel või kompromissi kinnitamisel tühistab ringkonnakohus määrusega esimese astme kohtu otsuse ja lõpetab asja menetluse. Kui kohus ei võta hagist loobumist vastu või ei kinnita kompromissi, vaatab kohus asja apellatsiooni korras läbi.
(2) Menetluse lõpetamise määruse peale, samuti määruse peale, millega ringkonnakohus ei võta vastu hagist loobumist või ei kinnita kompromissi, võib esitada määruskaebuse Riigikohtule.

§ 646. Asja lahendamine üksnes kaebuse põhjal

Kohus võib otsustada asja üksnes apellatsioonkaebuse põhjal, kui kohus leiab, et asja arutamisel esimese astme kohtus rikuti menetlusõiguse normi, mis toob ilmselgelt kaasa otsuse tühistamise apellatsioonimenetluses (§ 656 lõige 1). Sel juhul otsus tühistatakse ja asi saadetakse esimese astme kohtusse uueks läbivaatamiseks.

§ 647. Asja lahendamine kirjalikus menetluses

(1) Kui apellant ega vastustaja ei ole nõudnud asja läbivaatamist kohtuistungil, võib kohus asja läbi vaadata ja lahendada apellatsioonkaebust kohtuistungil arutamata. Sel juhul määrab kohus võimalikult kiiresti kindlaks tähtaja, mille jooksul menetlusosalised võivad kohtule esitada avaldusi või seisukohti ja otsuse avalikult teatavakstegemise aja ning teatab sellest menetlusosalistele.
(2) Kui kohus kirjalikus menetluses leiab, et asi tuleb lahendada kohtuistungil, määrab ta kohtuistungi.

§ 648. Asja arutamine ringkonnakohtu istungil

(1) Ringkonnakohtu istungil teeb asja ettevalmistanud kohtunik asjast ettekande, milles tutvustab vajalikus ulatuses esimese astme kohtu otsust ning apellatsioonkaebuse ja vastuse sisu.
(2) Pärast ettekannet kõneleb apellant, siis kolmas isik tema poolel, seejärel vastustaja ja tema järel teised menetlusosalised, kui kohus ei määra teisiti. Kohus võib kohtukõne kestust piirata,
tagades kõigile menetlusosalistele võrdse kõneaja. Menetlusosalisele ei või anda kohtukõneks aega vähem kui kümme minutit.
(3) Kohus võib menetlusosalisi küsitleda.
(4) Kui kohus arutab asja apellandi või vastustaja kohalolekuta, esitab kohus vajalikus ulatuses puuduva menetlusosalise seisukoha toimiku andmete põhjal.
(5) Kohus võib menetlusosalistel lubada esineda lõppsõnaga.

§ 649. Menetlusosalise istungilt puudumise tagajärjed

(1) Kui apellant või vastustaja kohtuistungile ei ilmu, lahendab ringkonnakohus kaebuse tema osavõtuta või lükkab asja arutamise edasi. Muu menetlusosalise kohtuistungile ilmumata jäämise korral lükkab ringkonnakohus kohtuistungi edasi ainult mõlema poole ühisel taotlusel.
(2) Kui apellant kohtuistungile ei ilmu ega ole teatanud ilmumata jätmise mõjuvast põhjusest (käesoleva seadustiku § 422) või ei ole seda põhistanud, võib kohus vastustaja taotlusel jätta kaebuse läbi vaatamata. Kohus ei jäta kaebust läbi vaatamata, kui apellant ei taotlenud asja läbivaatamist kohtuistungil või palus kohut lahendada kaebus istungil tema osavõtuta.

§ 650. Apellatsioonimenetluse uuendamine

(1) Kui ringkonnakohus jättis apellatsioonkaebuse läbi vaatamata seetõttu, et apellant ja tema esindaja kohtuistungile ei ilmunud ega teatanud mõjuvast põhjusest (käesoleva seadustiku § 422) ilmumata jätmiseks, uuendab kohus menetluse apellandi avalduse alusel, kui kohtuistungilt puudumiseks oli mõjuv põhjus, millest ei saadud õigeaegselt kohtule teatada. Apellant peab mõjuva põhjuse olemasolu ja teatamise võimatust põhistama.
(2) Menetluse uuendamise avalduse võib apellant esitada ringkonnakohtule kümne päeva jooksul kaebuse läbivaatamata jätmise määruse talle kätte toimetamisest alates.
(3) Kui apellant pärast menetluse uuendamist ringkonnakohtu istungile ei ilmu, ei ole tal enam õigust menetluse uuendamisele.
(4) Menetluse uuendamata jätmise määruse peale võib esitada määruskaebuse Riigikohtule.

3. jagu Ringkonnakohtu otsus

§ 651. Apellatsioonkaebuse läbivaatamise ulatus

(1) Ringkonnakohus kontrollib apellatsiooni korras esimese astme kohtu otsuse seaduslikkust ja põhjendatust üksnes osas, mille peale on edasi kaevatud.
(2) Poolel on õigus nõuda aegumise kohaldamist ka juhul, kui ta seda esimese astme kohtus ei ole nõudnud.

§ 652. Apellatsioonimenetluses arvestatavad asjaolud ja tõendid

(1) Ringkonnakohus võtab apellatsioonkaebuse läbivaatamisel ja lahendamisel aluseks:
1) esimese astme kohtus tuvastatud faktilised asjaolud niivõrd, kuivõrd puuduvad kahtlused vastavate faktiliste asjaolude tõendamise menetluse või protokolli õiguspärasuse või ebapiisava ulatuse kohta ja ringkonnakohus ei pea nimetatud asjaolude uut tuvastamist vajalikuks;
2) menetlusosaliste esitatud uued faktilised asjaolud niivõrd, kuivõrd nende esitamine on lubatud.
(2) Ringkonnakohus ei võta aluseks asjaolu ega tõendit, mis esimese astme kohtus esitati, kuid mis on jäetud esimese astme kohtu menetluses õiguspäraselt arvestamata.
(3) Ringkonnakohus tuvastab esimese astme kohtu otsuses tuvastamata asjaolusid ja hindab kohtuotsuses hindamata tõendeid üksnes juhul, kui:
1) asjaolu, millele tugineti, ja tõend, mis esitati, jäeti põhjendamatult tähelepanuta;
2) asjaolu või tõendit ei saanud varem esitada kohtu poolt menetlusõiguse normi olulise rikkumise tõttu või muul mõjuval põhjusel, muu hulgas põhjusel, et asjaolu või tõend tekkis või sai poolele teatavaks või kättesaadavaks pärast asja lahendamist esimese astme kohtus.
(4) Uue asjaolu ja tõendi esitamise lubatavust peab pool oma kaebuses või vastuses põhjendama ja kohtu nõudmisel põhistama. Kui pool uue asjaolu või tõendi esitamise lubatavust ei põhjenda või ei põhista, jätab kohus selle tähelepanuta, välja arvatud juhul, kui tõend on ilmselt vajalik
asja õigemaks lahendamiseks ja vastaspool on tõendi vastuvõtmisega nõus.
(5) Ringkonnakohus ei kogu, uuri ega hinda uuesti esimese astme kohtu menetluses kogutud, uuritud ja hinnatud tõendeid, välja arvatud juhul, kui pool vaidlustab esimese astme kohtu otsuses vastava tõendi hindamise alusel tuvastatud asjaolu või vastava asjaolu tõendamise menetluse menetlusnormide olulise rikkumise tõttu ja ringkonnakohus peab tõendi uut uurimist ja hindamist vajalikuks.
(6) Pool ei või apellatsiooniastmes tugineda asjaolule, et esimese astme kohus rikkus menetlusõiguse normi, kui ta ei esitanud esimese astme kohtus sellele õigeaegselt vastuväidet (käesoleva seadustiku § 333).
(7) Esimese astme kohtu menetluses poole avaldatud asjaolu omaksvõtt ja hagi õigeksvõtmine kehtib ka apellatsioonimenetluses.
(8) Ringkonnakohus ei ole seotud apellatsioonkaebuse õigusliku põhjendusega.
(9) Enne uue tõendi vastuvõtmise otsustamist või uuele asjaolule tuginemist küsib ringkonnakohus selle kohta vastaspoole seisukohta.

§ 653. Tõendite ümberhindamine

Kui apellatsioonkaebuses vaidlustatakse esimese astme kohtu otsust mõnel tõendil põhineva asjaolu osas, peab ringkonnakohus kohtuotsust selles osas muutes märkima põhjuse, miks tõendit tuleb teisiti hinnata.

§ 654. Ringkonnakohtu otsuse sisu

(1) Ringkonnakohus lahendab apellatsioonkaebuse esimese astme kohtu otsuse peale otsusega, kui seaduses ei ole ette nähtud teisiti. Ringkonnakohtu otsusele kohaldatakse esimese astme kohtu otsuse kohta sätestatut, kui käesoleva paragrahvi lõigetes 2–6 sätestatust ei tulene teisiti.
(2) Ringkonnakohtu otsuse sissejuhatuses märgib kohus lisaks esimese astme kohtu otsuse andmetele, kes on apellatsioonkaebuse esitanud.
(21) Resolutsiooni juures tuleb muu hulgas märkida, et kassatsioonkaebuse võib Riigikohtusse esitada üksnes vandeadvokaadi vahendusel, kui seaduses ei ole sätestatud teisiti. Resolutsiooni juures selgitab ringkonnakohus ka käesoleva seadustiku § 187 lõike 6 sisu.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(22) Kui ringkonnakohus muudab maakohtu otsuse resolutsiooni, peab ringkonnakohtu otsuse resolutsioonist nähtuma kehtiva resolutsiooni terviklik sõnastus.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Ringkonnakohtu otsuse kirjeldavas osas märgitakse, millise otsuse tegi esimese astme kohus, samuti lühidalt poolte apellatsioonimenetluses esitatud nõuded ja nende kohta esitatud faktilised ja õiguslikud väited ja tõendid ning poolte taotlused.
(4) Otsuse põhjendavas osas märgitakse ringkonnakohtu tuvastatud asjaolud ja nendest tehtud järeldused, tõendid, millele on rajatud kohtu järeldused, ning seadused, mida ringkonnakohus kohaldas.
(5) Kohus peab võtma põhjendatud seisukoha poolte kõigi esitatud faktiliste ja õiguslike väidete suhtes, muu hulgas seletama lühidalt, miks üks või teine asjaolu ei oma asja lahendamisel tähendust. Kui ringkonnakohus tühistab maakohtu otsuse ja teeb uue otsuse, siis tuleb tal võtta otsuses seisukoht poolte poolt maakohtu menetluses esitatud kõikide väidete ja vastuväidete kohta.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(6) Kui ringkonnakohus jätab esimese astme kohtu otsuse muutmata ja järgib esimese astme kohtu otsuse põhjendusi, ei pea ringkonnakohus oma otsust põhjendama. Ringkonnakohus peab sel juhul märkima, et nõustub esimese astme kohtu otsuse põhjendusega.

§ 655. Ringkonnakohtu otsuse kättetoimetamine ja jõustumine

(1) Ringkonnakohus toimetab otsuse menetlusosalistele kätte.
(2) Ringkonnakohtu otsus jõustub eelkõige, kui:
1) otsuse peale kassatsioonkaebuse esitamise tähtaja jooksul kassatsioonkaebust ei esitata;
2) otsuse peale esitatud kassatsioonkaebust ei võeta menetlusse või see jäetakse läbi vaatamata või rahuldamata või kassatsioonimenetlus lõpetatakse.

§ 656. Menetlusõiguse normi rikkumise tagajärjed

(1) Ringkonnakohus tühistab esimese astme kohtu otsuse apellatsioonkaebuse põhjendusest ja selles esitatud asjaoludest olenemata ja saadab asja uueks arutamiseks esimese astme kohtule, kui esimese astme kohtus:
1) on oluliselt rikutud õigusliku ärakuulamise või menetluse avalikkuse põhimõtet;
2) on tehtud otsus isiku suhtes, keda ei kutsutud kohtusse seaduse kohaselt;
3) lahendas asja ebaseaduslik kohtukoosseis, muu hulgas kohtukoosseis, kuhu kuulunud kohtunik oleks pidanud ennast taandama;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
4) ei esindanud poolt selleks õigustatud isik ja pool ei ole enda esindamist menetluses ka heaks kiitnud;
5) ei ole otsust seaduse kohaselt olulises ulatuses põhjendatud ja ringkonnakohtul ei ole võimalik puudust kõrvaldada.
(2) Ringkonnakohus ei pea käesoleva paragrahvi lõikes 1 nimetatud juhul asja uueks arutamiseks saatma, kui rikkumine on võimalik kõrvaldada apellatsioonimenetluses. Ringkonnakohtul on õigus apellatsioonkaebuse põhjendusest olenemata tühistada esimese astme kohtu otsus ja saata asi uueks arutamiseks esimese astme kohtule ka teiste menetlusõiguse normide olulise rikkumise tõttu, kui rikkumist ei ole võimalik apellatsioonimenetluses kõrvaldada.
(3) Kui menetlusõiguse normi on oluliselt rikutud, kuid seda rikkumist ei ole võimalik kõrvaldada esimese astme kohtus ega apellatsioonimenetluses, lahendab ringkonnakohus asja sisuliselt seda esimese astme kohtule tagasi saatmata.
(4) Kui menetlusõiguse normi rikkumine puudutab lahendi seda osa, mille peale ei kaevatud, siis otsustab ringkonnakohus, kas otsuse see osa tühistada.

§ 657. Ringkonnakohtu õigused apellatsioonkaebuse lahendamisel

(1) Ringkonnakohtul on apellatsioonkaebuse lahendamisel õigus:
1) jätta kaebus rahuldamata ja kohtuotsus muutmata;
2) tühistada kohtuotsus osaliselt või täielikult ja teha tühistatud osas asja esimese astme kohtule uueks läbivaatamiseks saatmata uus otsus;
21) muuta kohtuotsuse põhjendusi, jättes otsuse resolutsiooni muutmata; [RT I 2008, 59, 330 - jõust. 01.01.2009]
3) tühistada kohtuotsus osaliselt või täielikult ja saata asi vastavas ulatuses esimese astme kohtule uueks läbivaatamiseks, kui ringkonnakohus ei saa asja ise lahendada;
4) tühistada kohtuotsus osaliselt või täielikult ja lõpetada asja menetlus või jätta hagi läbi vaatamata.
(2) Kui ringkonnakohus tühistab tagaseljaotsuse, saadab ta asja täies ulatuses läbivaatamiseks esimese astme kohtule.
(3) Kui esimese astme kohus tegi otsuse, kuigi oleks pidanud jätma hagi läbi vaatamata või asja menetluse lõpetama, tühistab ringkonnakohus maakohtu otsuse määrusega, millega ühtlasi jätab hagi läbi vaatamata või lõpetab asja menetluse.
(4) Kui esimese astme kohus on otsusega lahendanud mitu nõuet, millest mõnes tuleb menetlus lõpetada või hagi läbi vaatamata jätta, lahendab ringkonnakohus asja täies ulatuses otsusega.

§ 658. Maakohtu otsuse tühistamise ja asja uueks lahendamiseks saatmise tagajärjed

(1) Maakohtu otsuse tühistamise ja asja uueks lahendamiseks saatmise korral jätkub menetlus esimese astme kohtus seisundis, milles see oli enne asja läbivaatamise lõpetamist. Maakohus teeb uuesti menetlustoimingud, mis ringkonnakohtu otsuse kohaselt on ebaseaduslikud.
(2) Ringkonnakohtu otsuses, millega tühistatakse apellatsioonkaebusega vaidlustatud otsus, esitatud seisukohad õigusnormi tõlgendamisel ja kohaldamisel on tühistatud otsuse teinud kohtule asja uuel läbivaatamisel kohustuslikud.

65. peatükk MÄÄRUSKAEBUS RINGKONNAKOHTUS

§ 659. Apellatsioonimenetluse sätete kohaldamine

Ringkonnakohtusse määruskaebuse esitamisele ja seal menetlemisele kohaldatakse apellatsioonimenetluse kohta sätestatut, kui käesolevast peatükist ja määruskaebuse olemusest ei tulene teisiti.

§ 660. Määruskaebuse esitamise õigus

(1) Maakohtu määruse peale võib määrusega puudutatud menetlusosaline esitada määruskaebuse ringkonnakohtule üksnes juhul, kui määruskaebuse esitamine on seaduse järgi lubatud.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Käesoleva paragrahvi lõikes 1 nimetamata määruse kohta võib esitada vastuväite apellatsioonkaebuses, kui seadusest ei tulene teisiti.
(3) Maakohtu menetlust lõpetava määruse peale hagita menetluses võib esitada määruskaebuse isik, kelle õigust on määrusega kitsendatud, kui seadusega ei ole ette nähtud teisiti. Hagita menetluses tehtud muu määruse peale võib edasi kaevata üksnes seadusega sätestatud juhul.
(4) Kui hagita menetluses võib määruse teha üksnes avalduse alusel ja avaldus on jäetud rahuldamata, võib avalduse rahuldamata jätmise määruse peale esitada määruskaebuse üksnes avaldaja.

§ 661. Määruskaebuse esitamine

(1) Määruskaebus esitatakse ringkonnakohtule kirjalikult selle maakohtu kaudu, kelle määrust määruskaebusega vaidlustatakse.
(2) Määruskaebuse esitamise tähtaeg on nii hagimenetluses kui ka hagita menetluses tehtud määruste puhul 15 päeva määruse kättetoimetamisest alates, kui seaduses ei ole sätestatud teisiti. Kui määrust ei pidanud isikule kätte toimetama, arvestatakse määruskaebuse esitamise aega
ajast, millal kohus selle isikule edastas. Määruskaebust ei saa esitada viie kuu möödumisel hagimenetluses või hagita menetluses määruse tegemisest, kui seaduses ei ole sätestatud teisiti. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kui kohus tunnistas asja määrusega lahendamisel kohaldamisele kuuluva õigustloova akti põhiseadusega vastuolus olevaks ja jättis selle kohaldamata, ei hakka määruse peale määruskaebuse esitamise tähtaeg kulgema enne kohaldamata jäetud õigustloova akti kohta Riigikohtu põhiseaduslikkuse järelevalve korras tehtud otsuse kuulutamist.
(4) Poolte kokkuleppel võib määruskaebuse esitamise tähtaega hagimenetluses lühendada või määruskaebuse esitamise õiguse välistada.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Kohus võib mõjuval põhjusel anda määruskaebuse esitanud isikule täiendava tähtaja kaebuse põhjendamiseks. Kaebuse põhjendamiseks antakse täiendav tähtaeg käesoleva seadustiku § 187 lõikes 6 sätestatud juhul.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 662. Määruskaebuse sisu

(1) Määruskaebuses tuleb muu hulgas märkida:
1) määruse teinud kohtu nimetus, määruse kuupäev ja tsiviilasja number;
2) mille kohta või kelle suhtes määrus tehti;
3) määruskaebuse esitaja selgelt väljendatud protsessuaalne taotlus, märkides seejuures ära, millises ulatuses määruskaebuse esitaja esimese astme kohtu määrust vaidlustab ning missugust lahendit määruskaebuse esitaja taotleb;
4) määruskaebuse põhjendus.
(2) Määruskaebuse põhjenduses tuleb märkida:
1) faktilised ja õiguslikud väited asjaolude kohta, millest tuleneb õigusrikkumine määruse tegemisel ning milles rikkumine seisneb;
2) viide tõenditele, millega soovitakse iga faktilist väidet tõendada.
(3) Määruskaebuse põhjendamiseks võib esitada uusi asjaolusid ja tõendeid. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 663. Määruskaebuse menetlemine maakohtus

(1) Maakohus otsustab määruskaebuse menetlusse võtmise viivitamata pärast määruskaebuse saamist. Kohus kontrollib, kas määruskaebuse esitamine on seaduse kohaselt lubatud ning kas määruskaebus on esitatud seadusega ettenähtud nõuete kohaselt ja tähtajast kinni pidades. Määruskaebuse menetlusse võtmisel kohaldatakse apellatsioonkaebuse ringkonnakohtu menetlusse võtmise kohta sätestatut, kui seadusest ei tulene teisiti. Määruskaebuse menetlusse võtmist ei pea eraldi vormistama ega sellest menetlusosalistele teatama.
(2) Määruskaebuse menetlusse võtmisest keeldumise määruse peale võib esitada
määruskaebuse. Määruskaebuse kohta tehtud ringkonnakohtu määruse peale ei saa edasi kaevata.
(3) Maakohus toimetab määruskaebuse ja selle lisade ärakirjad kätte menetlusosalistele, kelle õigusi määrus puudutab, ja küsib neilt vastuse.
(4) Kui maakohus leiab, et määruskaebus on põhjendatud, rahuldab ta selle ise määrusega. Kui maakohus leiab, et määruskaebuse saab rahuldada üksnes osaliselt, ta seda ei rahulda, kui seadusest ei tulene teisiti.
(5) Kui maakohus ei rahulda määruskaebust, esitab ta selle viivitamata koos lisade ja seotud menetlusdokumentidega kohtualluvuse järgi õigele ringkonnakohtule läbivaatamiseks ja lahendamiseks. Määruskaebuse rahuldamata jätmise kohta ei ole vaja teha eraldi määrust ega edastada seda menetlusosalistele.
(6) Kui kaevatava maakohtu määruse tegi kohtunikuabi, võib ta määruskaebuse lahendada käesoleva paragrahvi lõigetes 1–4 sätestatud korras. Kui ta määruskaebust viie päeva jooksul alates kaebuse esitamisest täielikult ei rahulda, annab ta kaebuse lahendamiseks viivitamata edasi pädevale kohtunikule, kes juhindub määruskaebuse lahendamisel käesoleva paragrahvi lõikes 5 sätestatust.
(7) Kui koos maksekäsu peale esitatud määruskaebusega on esitatud ka taotlus vastavalt käesoleva seadustiku § 4891 lõikele 3 ning kaevatava maksekäsu on teinud kohtunikuabi, annab kohtunikuabi kaebuse lahendamiseks viivitamata edasi pädevale kohtunikule.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 664. Määruskaebuse kontrollimine ringkonnakohtus

(1) Ringkonnakohus kontrollib menetlusse võetud määruskaebuse saamisel, kas maakohus on kaebuse õigesti menetlusse võtnud ja teeb menetlustoimingud, mis maakohus jättis seoses määruskaebusega tegemata.
(2) Kui määruskaebus on ringkonnakohtu arvates ebaõigesti menetlusse võetud, jätab ringkonnakohus määruskaebuse määrusega läbi vaatamata.

§ 665. Määruskaebusega vaidlustatud määruse täitmise peatamine ja määruskaebuse tagamine

(1) Määruskaebuse esitamine ei peata vaidlustatud määruse täitmist, kui seaduses ei ole ette nähtud teisiti. Määruskaebuse esitamine trahvi maksmise määruse peale peatab määruse täitmise.
(2) Kohus, kelle määrus vaidlustatakse, ja määruskaebust läbivaatav ringkonnakohus võivad enne määruskaebuse lahendamist määruskaebust tagada, muu hulgas peatada vaidlustatud määruse täitmise või kohaldada muid esialgse õiguskaitse vahendeid.

§ 666. Määruskaebust läbivaatav kohtukoosseis

(1) Ringkonnakohtus vaatab läbi ja lahendab määruskaebuse üks ringkonnakohtu kohtunik. (2) Hagi menetlusse võtmata jätmise, hagi läbi vaatamata jätmise või menetluse lõpetamise
määruse või kaja alusel menetluse taastamata jätmise määruse peale esitatud määruskaebuse
vaatab läbi ja lahendab ringkonnakohtu kolmeliikmeline koosseis, välja arvatud käesoleva seadustiku § 405 lõikes 1 nimetatud asjas.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Hagita menetluses tehtud menetlust lõpetava määruse peale esitatud määruskaebuse vaatab läbi ja lahendab ringkonnakohtu kolmeliikmeline koosseis.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 667. Määruskaebuse lahendamine

(1) Määruskaebus lahendatakse põhjendatud määrusega. Kui ringkonnakohus jätab määruskaebuse rahuldamata ja selle määruse peale ei saa edasi kaevata Riigikohtule, võib ringkonnakohus määruse teha kirjeldava ja põhjendava osata.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(2) Kui ringkonnakohus leiab, et määruskaebus on põhjendatud, tühistab ta vaidlustatud määruse ja teeb võimaluse korral ise uue määruse. Vajaduse korral saadab ringkonnakohus asja uueks lahendamiseks tagasi tühistatud määruse teinud kohtule.
(3) Määruskaebus lahendatakse kirjalikus menetluses, kui kohus ei pea vajalikuks kohtuistungit korraldada. Määruskaebust läbivaatav kohus võib vajaduse korral koguda uusi tõendeid.
(4) Määruskaebuse kohta tehtud ringkonnakohtu määrus toimetatakse menetlusosalistele kätte. Kui määruse peale ei saa esitada määruskaebust Riigikohtusse, piisab määruse edastamisest menetlusosalistele.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Määrus kehtib ja kuulub täitmisele alates selle kättetoimetamisest või edastamisest määruskaebuse esitajale, välja arvatud juhul, kui määruse peale saab edasi kaevata ja seaduses on
ette nähtud, et määrus kuulub täitmisele alates jõustumisest. [RT I 2008, 59, 330 - jõust. 01.01.2009]

13. osa MENETLUS RIIGIKOHTUS

66. peatükk KASSATSIOONIMENETLUS

1. jagu Riigikohtusse edasikaebamine

§ 668. Kassatsiooni korras edasikaebamise õigus

(1) Ringkonnakohtu otsuse peale võib apellatsioonimenetluse osaline esitada kassatsioonkaebuse Riigikohtule, kui ringkonnakohus on oluliselt rikkunud menetlusõiguse normi või ebaõigesti kohaldanud materiaalõiguse normi. Iseseisva nõudeta kolmas isik võib esitada kassatsioonkaebuse käesoleva seadustiku § 214 lõikes 2 sätestatud tingimustel.
(2) Kassatsioonkaebust ei saa esitada, kui mõlemad pooled on kaebuse esitamise õigusest kohtule tehtud avalduses loobunud.
(3) Kassatsioonkaebuses ei või tugineda väitele, et asi tulnuks lahendada halduskohtus või et asi ei allunud otsuse teinud esimese astme kohtule või ringkonnakohtule või et asi tulnuks lahendada teises kohtumajas. Kassatsioonkaebuses võib tugineda asjaolule, et Eesti kohus ei olnud pädev asja lahendama rahvusvaheliselt või et asi tuli lahendada vahekohtus, kui sellele asjaolule
tugineti õigeaegselt ka maakohtus ja ringkonnakohtus.
(4) Kassatsioonkaebus ei või tugineda asjaolule, et asi, mis tuli lahendada hagita menetluses, lahendati hagimenetluses, välja arvatud juhul, kui sellele asjaolule tugineti õigeaegselt ka maakohtus ja ringkonnakohtus ning sellest võis olulisel määral sõltuda asja lahendus.
(5) Kassatsioonkaebust ei saa esitada ringkonnakohtu otsuse peale osas, milles maakohtu otsust apellatsioonkaebusega ei vaidlustatud.
(6) Kassatsiooni korras võib edasi kaevata maakohtu otsuse peale ilma sellele apellatsioonkaebust esitamata, kui mõlemad pooled on enne või pärast maakohtu otsuse tegemist, kuid apellatsioonitähtaja jooksul loobunud apellatsiooni esitamise õigusest sellel tingimusel, et otsuse peale saab esitada apellatsioonitähtaja jooksul kassatsioonkaebuse. Maakohtu otsuse peale esitatud kassatsioonkaebuse lahendamisele ja menetlemisele kohaldatakse kassatsioonimenetluse üldisi sätteid.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 669. Menetlusõiguse normi oluline rikkumine

(1) Ringkonnakohus on otsuse tegemisel rikkunud oluliselt menetlusõiguse normi, kui ilmneb vähemalt üks järgnevatest asjaoludest:
1) on rikutud õigusliku ärakuulamise või menetluse avalikkuse põhimõtet;
2) kohtulahend on tehtud isiku suhtes, keda ei kutsutud kohtusse seaduse kohaselt;
3) asja on lahendanud ebaseaduslik kohtukoosseis, muu hulgas kohtukoosseis, kuhu kuulunud kohtunik oleks pidanud ennast taandama;
[RT I 2008, 59, 330 - jõust. 01.01.2009]
4) pool ei olnud menetluses seaduse kohaselt esindatud ja pool ei ole enda esindamist menetluses heaks kiitnud;
5) otsus on olulises ulatuses jäetud põhjendamata.
(2) Riigikohus võib lugeda menetlusõiguse normi oluliseks rikkumiseks ka käesoleva paragrahvi lõikes 1 nimetamata rikkumise kui rikkumine võis mõjutada asja lahendamise tulemust ringkonnakohtus.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 670. Kassatsioonitähtaeg

(1) Kassatsioonkaebuse võib esitada 30 päeva jooksul otsuse kassaatorile kättetoimetamisest alates, kuid mitte pärast viie kuu möödumist ringkonnakohtu otsuse avalikult teatavakstegemisest.
(2) Kui ringkonnakohus tunnistas asja lahendamisel kohtuotsuse resolutsioonis kohaldamisele kuuluva õigustloova akti põhiseadusega vastuolus olevaks ja jättis selle kohaldamata, ei hakka kassatsioonitähtaeg kulgema enne kohaldamata jäetud õigustloova akti kohta Riigikohtu põhiseaduslikkuse järelevalve korras tehtud otsuse kuulutamist.
(3) Riigikohus võib kassaatori taotlusel mõjuval põhjusel anda kassatsioonkaebuse esitanud poolele täiendava tähtaja kaebuse põhjendamiseks. Kaebuse põhjendamiseks antakse täiendav tähtaeg käesoleva seadustiku § 187 lõikes 6 sätestatud juhul.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kui pärast ringkonnakohtu otsuse tegemist, kuid enne selle jõustumist ja asjas kassatsioonkaebuse esitamist esitatakse taotlus hagi läbi vaatamata jätmiseks või asja menetluse lõpetamiseks, muu hulgas hagist loobumise või kompromissi sõlmimise tõttu, hagi tagamisega seotud taotlus või muu sellesarnane taotlus, lahendab taotluse lahendi teinud ringkonnakohus. Hagi läbi vaatamata jätmise või menetluse lõpetamise taotluse rahuldamise korral võib ringkonnakohus määrusega tehtud lahendid tühistada ning jätta hagi läbi vaatamata või lõpetada asja menetluse.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Pärast kassatsioonkaebuse esitamist saab käesoleva paragrahvi lõikes 4 nimetatud toiminguid teha Riigikohus, isegi kui kaebust ei ole veel menetlusse võetud.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 671. Kassatsioonkaebuse sisu

(1) Kassatsioonkaebus esitatakse Riigikohtule.
(2) Kassatsioonkaebuses tuleb märkida muu hulgas:
1) kaevatava otsuse teinud kohtu nimetus, otsuse kuupäev ja tsiviilasja number;
2) kassaatori selgelt väljendatud protsessuaalne nõue, näidates sealjuures ära, millises ulatuses kassaator ringkonnakohtu otsust vaidlustab ning missugust Riigikohtu lahendit kassaator taotleb;
3) kassatsioonkaebuse põhjendus.
(3) Kassatsioonkaebuse põhjenduses tuleb märkida:
1) millist menetlusõiguse normi on ringkonnakohus oluliselt rikkunud;
2) millisest asjaolust menetlusõiguse normi rikkumine tuleneb ja kuidas selle normi vale kohaldamine võis kaasa tuua ebaõige otsuse, samuti viide tõenditele, millega soovitakse iga faktilist väidet menetlusõiguse normi rikkumise kohta tõendada;
3) millist materiaalõiguse normi on ringkonnakohus oma otsuses ilmselt valesti kohaldanud ja kuidas selle normi vale kohaldamine võis kaasa tuua ebaõige otsuse;
4) mis alusel tuleks kassatsioonkaebus menetlusse võtta.
(4) Kui kassaator leiab, et kassatsioonkaebuse lahendamisel on põhimõtteline tähendus õiguskindluse tagamiseks ja ühtse kohtupraktika kujundamiseks või õiguse edasiarenduseks, tuleb seda kassatsioonkaebuses märkida.
(5) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 672. Kassatsioonkaebuse lisad

Kaebusele lisatakse kassatsioonikautsjoni tasumist tõendav dokument, kui kautsjoni tasumise andmed ei ole kaebuses märgitud.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 673. Vastukassatsioonkaebuse esitamine

(1) Vastukassatsioonkaebus on kassatsioonkaebus, mille üks pool esitab vastuseks vastaspoole kassatsioonkaebusele sellega ühiseks läbivaatamiseks.
(2) Vastukassatsioonkaebusele kohaldatakse kassatsioonkaebuse kohta sätestatut, kui käesolevas paragrahvis sätestatust ei tulene teisiti.
(3) Vastustaja võib pärast kassaatoripoolset kassatsioonkaebuse esitamist esitada vastukassatsioonkaebuse ka siis, kui kassatsioonitähtaeg on möödunud või kui tema iseseisev kassatsioonkaebus on jäetud menetlusse võtmata. Vastukassatsioonkaebuses võib vaidlustada ka kohtuotsuse neid osi, mille peale kassatsioonkaebuses ei kaevatud.
(4) Vastustaja võib esitada vastukassatsioonkaebuse 14 päeva jooksul kassatsioonkaebuse vastustajale kättetoimetamisest alates või ülejäänud kassatsioonitähtaja jooksul, kui see on pikem kui 14 päeva.
(5) Pärast kassatsioonitähtaja möödumist, kuid käesoleva paragrahvi lõikes 4 sätestatud tähtaja jooksul esitatud vastukassatsioonkaebus jäetakse läbi vaatamata, kui kassaator loobub
kassatsioonkaebusest, kui seda ei võeta menetlusse, kui see jäetakse läbi vaatamata või kui asja menetlus lõpetatakse.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 674. Kassatsioonkaebuse muutmine

(1) Kassaator võib kuni kassatsioonitähtaja lõpuni kaebust muuta ja täiendada, muu hulgas laiendada kaebust kohtuotsuse neile osadele, mille peale esialgselt ei kaevatud. Kaebuse muutmisele kohaldatakse kassatsioonkaebuse kohta sätestatut.
(2) Käesoleva paragrahvi lõikes 1 sätestatu ei välista ega piira kassaatori õigust esitada väiteid õiguse tõlgendamise kohta ja vastuväiteid vastustaja poolt kassatsioonimenetluses esitatule.

§ 675. Menetlusdokumentide väljanõudmine

(1) Kui kassatsioonkaebus on Riigikohtule esitatud, nõuab Riigikohus asja menetlenud ringkonnakohtult viivitamata, et see edastaks Riigikohtule toimiku ja elektrooniliselt kohtulahendi. Ringkonnakohus saadab toimiku ja kohtulahendi viivitamata pärast üleandmisnõude saamist Riigikohtule. Kohtulahendi edastamist ei nõuta, kui lahend on kättesaadav kohtu infosüsteemi vahendusel.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Pärast kassatsioonimenetluse lõpetamist tagastab Riigikohus toimiku vastavasse kohtusse.

§ 676. [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 677. Menetlusosalistele kassatsioonkaebusest teatamine

(1) Pärast nõuetekohase kassatsioonkaebuse saamist teatab Riigikohus sellest viivitamata teistele menetlusosalistele ja toimetab kassatsioonkaebuse ärakirja koos lisadega neile kätte.
(2) Vastustajale teeb Riigikohus teatavaks järgmised asjaolud:
1) kassatsioonkaebuse kohtusse saabumise aeg;
2) vastustaja kohustus kassatsioonkaebusele kohtu määratud tähtajaks kirjalikult vastata;
21) vastustaja õigus esitada vastukassatsioonkaebus; [RT I 2008, 59, 330 - jõust. 01.01.2009]
3) mida vastus peab sisaldama.
(3) Teistele menetlusosalistele teatab Riigikohus kassatsioonkaebuse kohtusse saabumise aja ja selgitab neile õigust esitada kassatsioonkaebuse suhtes oma seisukoht kohtu määratud tähtaja jooksul.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Kassatsioonkaebuse menetlusosalisele kättetoimetamisel teeb kohus talle teatavaks, kas ja milliseid taotlusi saab menetlusosaline esitada, et ta saab muid menetlustoiminguid teha üksnes vandeadvokaadi vahendusel ning et menetlustoiminguid, mis ei ole tehtud vandeadvokaadi
vahendusel, kassatsioonkaebuse lahendamisel ei arvestata. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Käesoleva seadustiku § 679 lõikes 2 sätestatud juhul ei edastata kassatsioonkaebust teistele menetlusosalistele ega küsita neilt vastust enne kaebuse menetlusse võtmise lahendamist.

§ 678. Kassatsioonkaebuse vastus

(1) Vastustaja peab esitatud kassatsioonkaebusele kohtule kirjalikult vastama. (2) Kassatsioonkaebuse vastuses peab vastustaja teatama muu hulgas:
1) kas on mõni kassatsioonkaebuse menetlemist takistav puudus;
2) kas kassatsioonkaebus tuleks võtta menetlusse;
3) kas vastustaja peab kaebust õigeks või vaidleb sellele vastu;
4) vastuväited kaebuse nõudmiste ja põhjenduste kohta ning asjaolud, millele vastustaja tugineb. (3) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]
(4) Vastuse esitamise tähtaeg peab olema vähemalt 20 päeva kassatsioonkaebuse kättetoimetamisest alates.
(5) Vastuse ja menetlusosalise muu seisukoha kaebuse suhtes edastab Riigikohus teistele menetlusosalistele koos vastusele või seisukohale lisatud dokumentide ärakirjadega.

§ 679. Kassatsioonkaebuse menetlusse võtmise otsustamine

(1) Riigikohus otsustab mõistliku aja jooksul pärast vastustajale ja kolmandatele isikutele kassatsioonkaebusele vastamiseks ja seisukoha esitamiseks antud tähtaja möödumist määrusega kassatsioonkaebuse menetlusse võtmise või sellest keeldumise.
(2) Kui kaebus on ilmselt põhjendamatu või ilmselt põhjendatud, võib menetlusse võtmise lahendada ka kaebust teistele menetlusosalistele saatmata või enne käesoleva paragrahvi lõikes 1 nimetatud tähtaja möödumist.
(3) Riigikohus võtab kassatsioonkaebuse menetlusse, kui kassatsioonkaebus vastab seaduses sätestatud nõuetele ja on esitatud õigeaegselt ning, kui:
1) ringkonnakohus on oma otsuses ilmselt valesti kohaldanud materiaalõiguse normi ja selle normi vale kohaldamine võis kaasa tuua ebaõige otsuse;
2) ringkonnakohus on otsust tehes rikkunud oluliselt menetlusõiguse normi ja see võis kaasa tuua ebaõige otsuse;
3) kassatsioonkaebuse lahendamisel on sõltumata käesoleva lõike punktides 1 ja 2 sätestatust põhimõtteline tähendus õiguskindluse tagamiseks ja ühtse kohtupraktika kujundamiseks või õiguse edasiarenduseks.
(4) Riigikohus ei pea varalise nõudega hagi asjas esitatud kassatsioonkaebust menetlusse võtma sõltumata käesoleva paragrahvi lõike 3 punktides 1 ja 2 sätestatust, kui kassaator vaidlustab
ringkonnakohtu otsust väiksemas ulatuses kui Vabariigi Valitsuse kehtestatud kuupalga kümnekordne alammäär.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Kassatsioonkaebuse menetlusse võtmise või sellest keeldumise määruse edastab Riigikohus menetlusosalistele. Kui kassatsioonkaebust enne menetlusse võtmise otsustamist teistele menetlusosalistele ei edastatud, lisatakse ka kassatsioonkaebuse ärakiri. Kaebuse menetlusse võtmisel küsitakse vastustajalt ka vastust kassatsioonkaebusele.
(6) Kui kassatsioonkaebus võetakse menetlusse, võib keelduda vastukassatsioonkaebuse menetlusse võtmisest üksnes põhjusel, et vastukassatsioonkaebus ei vasta seaduses sätestatud nõuetele. Kui üks kassatsioonkaebus kahest või enamast ühel ajal Riigikohtus menetlusse võtmiseks esitatud ühetaolisest kaebusest võeti menetlusse, võetakse menetlusse ka ülejäänud kaebused.
(7) Riigikohtu veebilehel avaldatakse viivitamata kassatsioonkaebuse menetlusse võtmise taotluse lahendamise tulemus, märkides tsiviilasja numbri, menetlusosaliste nimed ja hagi eseme üldise kirjelduse. Kinnises menetluses esitatud kaebuse menetlusse võtmise taotluse lahendamise kohta tehakse veebilehel teatavaks üksnes taotluse lahendamise tulemus ja tsiviilasja number koos viitega kinnisele menetlusele. Veebilehel ei avaldata menetlusse võtmisest keeldumist põhjusel, et kaebus ei vastanud seaduses sätestatud nõuetele ja seetõttu tagastati. Kaebuse menetlusse võtmise taotluse lahendamise andmed eemaldatakse veebilehelt seitsme päeva möödumisel taotluse lahendamise avaldamisest.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

2. jagu Menetluse kord Riigikohtus

§ 680. Menetlussätete kohaldamine ja menetlusosalised Riigikohtus

(1) Kassatsioonimenetluses kohaldatakse maakohtu menetluse kohta käivaid sätteid, kui kassatsioonimenetluse kohta ei ole sätestatud teisiti ja maakohtu menetluse kohta sätestatu ei ole vastuolus kassatsioonimenetluse olemusega.
(2) Menetlusosalised Riigikohtus on kassatsioonimenetluse pooled ja kolmandad isikud. Kassatsiooni menetluse pooled on kassaator ja vastustaja. Kui vaidlusalust õigussuhet saab tuvastada üksnes kõigi kaashagejate või -kostjate suhtes ühiselt, loetakse kaashageja ja -kostja kaaskassaatoriks või -vastustajaks, sõltumata sellest kas nad kassatsioonkaebuse esitavad või kas kassatsioonkaebus esitatakse nende vastu.

§ 681. Asja ettevalmistamine

(1) Pärast kassatsioonkaebuse menetlusse võtmist Riigikohus:
1) teeb hagi tagamise või hagi tagamise tühistamise määruse, kui sellekohane taotlus on põhjendatud;
2) lahendab kohtuotsuse viivitamata täitmise või täitmise peatamise, kui sellekohane taotlus on põhjendatud;
3) selgitab, kas asja lahendamine eelmenetluses on võimalik;
4) määrab kohtuistungi asja läbivaatamiseks, kui asja ei saa lahendada kirjalikus menetluses;
5) annab vajaduse korral menetlusosalisele tähtaja vastamiseks Riigikohtu poolt vajalikuks peetud küsimusele või nõuab menetlusosaliselt vastuse täiendamist kohtu määratud tähtaja jooksul.
(2) Pärast asja menetlusse võtmist valmistab asja lahendamise ette ettekandjaks määratud Riigikohtu tsiviilkolleegiumi liige sellise põhjalikkusega, et asja saaks kohtuistungi korraldamisel lahendada katkestamatult ühel kohtuistungil.
(3) Kohtukolleegiumi liige, kes asjas on ettekandja, lahendab üksinda menetlusosaliste taotlused asja ettevalmistamisel ja teeb asja arutamise ettevalmistamiseks vajalikud määrused. Kassatsioonkaebuse menetlemist lõpetavad määrused teeb vähemalt kolmeliikmeline kohtukoosseis.
(4) Kohtuametnik ei või teha asja kassatsiooni korras menetlemist lõpetavat määrust ega käesoleva paragrahvi lõike 1 punktides 1 ja 2 nimetatud määrust.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Riigikohus võib küsida seisukohta asja lahendamise kohta ka käesoleva seadustiku § 393 lõigetes 3 ja 4 nimetatud riigi- või kohaliku omavalitsuse asutustelt.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 682. Kassatsioonkaebuse läbivaatamata jätmine

(1) Kohus jätab kassatsioonkaebuse põhjendatud määrusega läbi vaatamata, kui pärast kaebuse menetlusse võtmist ilmneb, et kassatsioonkaebus ei vasta seadusega sätestatud nõuetele või et kassatsioonkaebus on esitatud pärast kassatsioonitähtaja möödumist.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Kui esineb kassatsioonkaebuse läbivaatamist takistav puudus, mida ilmselt saab kõrvaldada, annab kohus määrusega kassaatorile mõistliku tähtaja puuduse kõrvaldamiseks. Kui kassaator jätab kohtu nõudmise tähtpäevaks täitmata, jätab kohus kassatsioonkaebuse läbi vaatamata.

§ 683. Kassatsioonkaebusest loobumine

(1) Kassaator võib kassatsioonkaebusest loobuda asja arutamise lõpetamiseni, kirjaliku menetluse puhul aga kuni avalduste esitamiseks antud tähtaja möödumiseni.
(2) Kassatsioonkaebusest loobumise avaldus esitatakse Riigikohtule kirjalikult.
(3) Kassatsioonkaebusest loobumise korral loetakse, et kassaator ei ole kassatsiooniastmes menetlustoiminguid teinud. Kassatsioonkaebusest loobumise korral ei saa kassaator esitada enam uut kassatsioonkaebust sama kassatsioonieseme kohta ja kannab kassatsioonkaebusega seotud menetluskulud.
(4) Kui teine pool ei ole ringkonnakohtu otsuse peale edasi kaevanud või kui vastukassatsioonkaebus on esitatud pärast kassatsioonitähtaja möödumist, teeb Riigikohus kassatsioonkaebusest loobumise korral määruse, millega lõpetab menetluse.
(5) Kui kohus ei saa kassatsioonkaebusest loobumise korral menetlust teise poole kaebuse tõttu lõpetada, teeb kohus määruse, millega lõpetab menetluse selles kassatsioonkaebuses, millest loobuti. Sel juhul jätkatakse teise kaebuse osas menetlust.

§ 684. Hagist loobumine ja kompromiss

Kassatsioonimenetluses hagist loobumise vastuvõtmise või kompromissi kinnitamise korral pärast asja menetlusse võtmist tühistab Riigikohus määrusega eelnevad kohtulahendid ning lõpetab asja menetluse. Kui kohus ei võta vastu hagist loobumist või ei kinnita kompromissi, vaatab kohus asja kassatsiooni korras läbi.

§ 685. Asja lahendamine kirjalikus menetluses

Kohus võib asja läbi vaadata ja lahendada ilma kassatsioonkaebust kohtuistungil arutamata, kui ta ei pea istungit vajalikuks. Kohus määrab sel juhul võimalikult kiiresti kindlaks tähtaja, mille jooksul menetlusosalised võivad kohtule esitada avaldusi või seisukohti ja otsuse avalikult teatavakstegemise aja ning teatab sellest menetlusosalistele.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 686. Riigikohtusse kutsumine ja menetlusosaliste puudumine istungilt

(1) Kui asi vaadatakse läbi kohtuistungil, teatab Riigikohus menetlusosalistele kohtuistungi aja ja koha.
(2) Kui menetlusosaline ei ilmu kohtuistungile, võib Riigikohus lahendada kaebuse tema osavõtuta või asja arutamise edasi lükata, kui asja arutamiseks on Riigikohtu arvates menetlusosalise kohalolek vajalik.

§ 687. Asja läbivaatamine kohtuistungil

(1) Riigikohtu istungil teeb asja ettevalmistanud kohtunik asjast ettekande, milles tutvustab vajalikus ulatuses menetluse varasemat käiku ning kassatsioonkaebuse ja vastuse sisu.
(2) Pärast ettekannet kõneleb kassaator, siis kolmas isik tema poolel, seejärel vastustaja ja tema järel teised menetlusosalised, kui kohus ei määra teisiti. Kohus võib kohtukõne kestust piirata, tagades kõigile menetlusosalistele võrdse kõneaja. Menetlusosalisele ei või anda kohtukõneks aega vähem kui 15 minutit.
(3) Kohus võib menetlusosalisi küsitleda.
(4) Kui kohus arutab asja menetlusosalise kohalolekuta, esitab kohus vajalikus ulatuses puuduva menetlusosalise seisukoha toimiku andmete põhjal.

3. jagu Riigikohtu otsus

§ 688. Kassatsioonkaebuse läbivaatamise ulatus

(1) Riigikohus kontrollib kassatsiooni korras ringkonnakohtu otsust üksnes osas, mille peale on kaevatud.
(2) Riigikohus ei ole seotud kassatsioonkaebuse õigusliku põhjendusega.
(3) Riigikohus arvestab kassatsiooninõude põhjendatuse kontrollimisel vaid faktilisi asjaolusid, mis on tuvastatud alama astme kohtu otsusega. Lisaks arvestab Riigikohus vaid asjaolusid, mis on esitatud ringkonnakohtu poolse menetlusõiguse normi olulise rikkumise kohta esitatud väite põhjendamiseks, muu hulgas kohtu protokollist nähtuvaid asjaolusid.
(4) Riigikohus on seotud apellatsioonikohtu tuvastatud faktiliste asjaoludega, välja arvatud juhul, kui asjaolu tuvastamine on vaidlustatud kassatsioonkaebusega ning asjaolu tuvastamisel on oluliselt rikutud menetlusõiguse norme.
(5) Riigikohus ei kogu ega uuri tõendeid, välja arvatud juhul, kui tõend esitatakse ringkonnakohtu menetlusõiguse normi olulise rikkumise tõendamiseks. Samuti ei kogu ega uuri Riigikohus uuesti madalama astme kohtutes kogutud, uuritud ja hinnatud tõendeid.
(6) Pool ei või kassatsiooniastmes tugineda asjaolule, et ringkonnakohus on rikkunud otsuse tegemisel menetlusõiguse normi, kui ta ei ole esitanud ringkonnakohtus sellele õigeaegselt vastuväidet (käesoleva seadustiku § 333).

§ 689. Riigikohtu otsuse sisu

(1) Kassatsioonkaebuse lahendab Riigikohus otsusega, kui seaduses ei ole ette nähtud teisiti. Riigikohtu otsusele kohaldatakse maakohtu otsuse kohta sätestatut, kui käesoleva paragrahvi lõigetes 2–6 sätestatust ei tulene teisiti.
(2) Otsuse sissejuhatuses märgib kohus lisaks maakohtu otsuse andmetele, kes on kassatsioonkaebuse esitanud.
(21) Kui Riigikohus muudab ringkonnakohtu või maakohtu otsuse resolutsiooni, peab Riigikohtu otsuse resolutsioonist nähtuma kehtiva resolutsiooni terviklik sõnastus.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Otsuse kirjeldavas osas märgitakse lühidalt menetluse senine käik ja tehtud kohtuotsused, samuti lühidalt poolte kassatsioonimenetluses esitatud nõuded ja nende kohta esitatud faktilised ja õiguslikud väited ja tõendid menetlusõiguse normi rikkumise kohta ning poolte taotlused.
(4) Otsuse põhjendavas osas märgitakse Riigikohtu järeldused ning seadused, mida Riigikohus kohaldas, samuti ringkonnakohtu menetlustoimingud, mida Riigikohus peab ebaseaduslikuks.
(5) Kui Riigikohus jätab ringkonnakohtu otsuse muutmata ja järgib ringkonnakohtu otsuse põhjendusi, ei pea Riigikohus oma otsust põhjendama. Riigikohus peab sel juhul märkima, et järgib ringkonnakohtu otsuse põhjendust.
(6) Mõjuval põhjusel võib Riigikohus teha otsuse kassatsioonkaebuse rahuldamata jätmise kohta üksnes resolutsioonina.

§ 690. Asja üleandmine Riigikohtus

(1) Tsiviilkolleegiumi kogu koosseisule, Riigikohtu erikogule või üldkogule asja lahendada andmine otsustatakse määrusega. Määrus edastatakse menetlusosalistele.
(2) Kui asi vaadatakse läbi kohtuistungil, tehakse menetlusosalistele teatavaks tsiviilkolleegiumi kogu koosseisu, Riigikohtu erikogu või üldkogu istungi aeg ja koht.

§ 691. Riigikohtu pädevus kassatsioonkaebuse lahendamisel

Riigikohtul on kassatsioonkaebuse lahendamisel õigus:
1) jätta kaebus rahuldamata ja ringkonnakohtu otsus muutmata;
2) tühistada ringkonnakohtu otsus täies ulatuses või osaliselt ja saata asi tühistatud osas samale või teisele ringkonnakohtule uueks läbivaatamiseks;
3) tühistada eelmised kohtuotsused täies ulatuses või osaliselt ja jätta hagi läbi vaatamata või lõpetada asjas menetlus;
4) tühistada ringkonnakohtu ja maakohtu otsus käesoleva seadustiku § 692 lõikes 5 nimetatud alusel ja saata asi uueks läbivaatamiseks maakohtule;
5) muuta ringkonnakohtu otsust või tühistada ringkonnakohtu otsus ja teha uus otsus või jätta jõusse maakohtu otsus asja alama astme kohtule uueks läbivaatamiseks andmata, kui ringkonnakohus on kohtuotsuses tuvastatud asjaoludele andnud väära õigusliku hinnangu ja ringkonnakohus ei ole rikkunud käesoleva seadustiku §-s 669 nimetatud menetlusõiguse normi või kui normi rikkumise saab kõrvaldada Riigikohtus.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 692. Kassatsiooni korras kohtuotsuse tühistamise alused

(1) Kassatsiooni korras kohtuotsuse tühistamise aluseks on:
1) materiaalõiguse normi väär tõlgendamine või kohaldamine, muu hulgas materiaalõiguse normi kohaldamata jätmine, kuigi seda oleks pidanud asjaoludest tulenevalt kohaldama, ja tuvastatud asjaoludele ebaõige õigusliku hinnangu andmine;
2) menetlusõiguse normi oluline rikkumine, kui see võis kaasa tuua ebaõige otsuse.
(2) Kui Riigikohus tuvastab ringkonnakohtu otsuse põhjendavas osas materiaalõiguse normi väära tõlgendamise või kohaldamise, kuid ringkonnakohtu otsuse resolutsioon on sellest sõltumata või muudel asjaoludel sisuliselt õige, jätab Riigikohus kassatsioonkaebuse rahuldamata, kuid muudab õiguslikku põhjendust.
(3) Kassatsioonkaebusega vaidlustatud ringkonnakohtu otsus tühistatakse ulatuses, millises kassatsioonkaebuses esitatud nõue on põhjendatud.
(4) Kui ringkonnakohus on rikkunud käesoleva seadustiku § 669 lõikes 1 nimetatud menetlusõiguse normi, ei ole Riigikohus seotud kaebuse piiridega ning tühistab ringkonnakohtu otsuse kaebusest olenemata ja saadab asja uueks arutamiseks ringkonnakohtule. Riigikohus ei pea asja uueks arutamiseks saatma, kui rikkumine on võimalik kõrvaldada kassatsioonimenetluses. Riigikohtul on õigus kassatsioonkaebuse põhjendusest olenemata tühistada ringkonnakohtu otsus ja saata asi uueks arutamiseks esimese astme kohtule ka käesoleva seadustiku § 669 lõikes 1 nimetamata menetlusõiguse normi olulise rikkumise tõttu, kui rikkumine võis mõjutada asja lahendamise tulemust ringkonnakohtus ja rikkumist ei ole võimalik kassatsioonimenetluses kõrvaldada.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Kui maakohus on rikkunud käesoleva seadustiku § 669 lõikes 1 nimetatud menetlusõiguse normi ja ringkonnakohus ei ole otsust tühistanud ega asja uueks läbivaatamiseks saatnud, tühistab Riigikohus alama astme kohtute otsused ja saadab asja läbivaatamiseks maakohtule. Riigikohus võib koos ringkonnakohtu otsusega tühistada maakohtu otsuse ka muul juhul, kui on
ilmne, et ringkonnakohus peab asja uuel läbivaatamisel saatma tagasi maakohtusse või kui see on muul põhjusel asja kiiremaks lahendamiseks vajalik.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(6) Kui ringkonnakohus tegi otsuse, kuigi oleks pidanud jätma apellatsioonkaebuse läbi vaatamata või asja menetluse lõpetama, tühistab Riigikohus ringkonnakohtu otsuse määrusega, millega ühtlasi jätab hagi läbi vaatamata või lõpetab asja menetluse.

§ 693. Ringkonnakohtu otsuse tühistamise ja asja uueks lahendamiseks saatmise tagajärjed

(1) Ringkonnakohtu otsuse tühistamise ja asja uueks lahendamiseks saatmise korral jätkub menetlus ringkonnakohtus seisundis, milles see oli enne asja läbivaatamise lõpetamist. Ringkonnakohus teeb uuesti menetlustoimingud, mis Riigikohtu otsuse kohaselt on ebaseaduslikud.
(2) Riigikohtu otsuses esitatud seisukohad õigusnormi tõlgendamisel ja kohaldamisel on sama asja uuesti läbivaatavale kohtule kohustuslikud.

§ 694. Riigikohtu otsuse jõustumine ja avaldamine

(1) Riigikohtu otsus edastatakse menetlusosalistele ja avaldatakse Riigikohtu veebilehel. [RT I 2010, 19, 101 - jõust. 01.06.2010]
(2) Riigikohtu otsus ja kassatsioonkaebuse menetlusse võtmisest keeldumise määrus jõustuvad nende avalikult teatavakstegemise päeval ja nende peale ei saa edasi kaevata.
(3) Riigikohus teeb otsuse 30 päeva jooksul pärast asja arutamise viimast istungit või kirjalikus menetluses taotluste ja dokumentide esitamiseks ettenähtud tähtpäeva möödumist. Mõjuval põhjusel, eelkõige kohtuasja eriti suure mahu või erilise keerukuse tõttu võib määrusega avalikult teatavakstegemist pikendada kuni 60 päevani.

67. peatükk MÄÄRUSKAEBUS RIIGIKOHTUS

§ 695. Kassatsioonimenetluse sätete kohaldamine

Riigikohtusse määruskaebuse esitamisele ja seal menetlemisele kohaldatakse kassatsioonimenetluse kohta sätestatut, kui käesolevas peatükis sätestatust ja määruskaebuse olemusest ei tulene teisiti.

§ 696. Määruskaebuse esitamise õigus

(1) Ringkonnakohtu määruse peale võib määrusega puudutatud menetlusosaline esitada määruskaebuse Riigikohtule üksnes juhul, kui selle esitamine on seadusega lubatud. Kui maakohtu määruse peale saab seaduse järgi esitada määruskaebuse, saab määruskaebuse kohta tehtud ringkonnakohtu määruse peale esitada määruskaebuse ka Riigikohtule, kui seadusest ei tulene teisiti.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Käesoleva paragrahvi lõikes 1 nimetamata määruse kohta võib esitada vastuväite kassatsioonkaebuses, kui seadusest ei tulene teisiti.
(3) Hagita menetluses maakohtu menetlust lõpetava määruse peale esitatud määruskaebuse kohta tehtud ringkonnakohtu määruse peale võib esitada määruskaebuse isik, kelle õigust on määrusega kitsendatud, kui seaduses ei ole ette nähtud teisiti. Hagita menetluses tehtud muu määruse peale võib edasi kaevata üksnes seadusega sätestatud juhul.
(4) Kui hagita menetluses võib määruse teha üksnes avalduse alusel ja avaldus on jäetud rahuldamata, võib avalduse rahuldamata jätmise määruse peale esitatud määruskaebuse kohta tehtud ringkonnakohtu määruse peale esitada määruskaebuse üksnes avaldaja.

§ 697. Määruskaebuse alus

Määruskaebus võib tugineda üksnes asjaolule, et ringkonnakohus on määruse tegemisel kohaldanud valesti materiaalõiguse normi või rikkunud määruse tegemisel oluliselt menetlusõiguse normi ja see võis kaasa tuua ebaõige kohtulahendi.

§ 698. Määruskaebuse esitamine Riigikohtule

(1) Määruskaebus esitatakse Riigikohtule.
(2) Määruskaebuse esitamise tähtaeg on 15 päeva määruse määruskaebuse esitajale kättetoimetamisest alates, kui seaduses ei ole ette nähtud teisiti.
(3) Kui kohus tunnistas asja lahendamisel määrusega kohaldamisele kuuluva õigustloova akti põhiseadusega vastuolus olevaks ja jättis selle kohaldamata, ei hakka määruse peale määruskaebuse esitamise tähtaeg kulgema enne kohaldamata jäetud õigustloova akti kohta Riigikohtu põhiseaduslikkuse järelevalve korras tehtud otsuse kuulutamist.
(4) Kohus võib mõjuval põhjusel anda määruskaebuse esitanud isikule täiendava tähtaja kaebuse põhjendamiseks. Kaebuse põhjendamiseks antakse täiendav tähtaeg käesoleva seadustiku § 187 lõikes 6 sätestatud juhul.
[RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 699. Määruskaebuse sisu

(1) Määruskaebuses tuleb muu hulgas märkida:
1) määruse teinud kohtu nimetus, määruse kuupäev ja tsiviilasja number;
2) mille kohta või kelle suhtes määrus tehti;
3) määruskaebuse esitaja selgelt väljendatud taotlus, näidates seejuures ära, millises ulatuses määruskaebuse esitaja ringkonnakohtu määrust vaidlustab ning missugust Riigikohtu lahendit määruskaebuse esitaja taotleb;
4) määruskaebuse põhjendus.
(2) Määruskaebuse põhjenduses tuleb muu hulgas märkida:
1) faktilised ja õiguslikud väited nende asjaolude kohta, millest tuleneb õigusrikkumine määruse tegemisel ning milles rikkumine seisneb;
2) viide tõenditele, millega soovitakse iga faktilist väidet tõendada.
(3) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 700. Määruskaebuse täitmise peatamine ja tagamine

(1) Määruskaebuse esitamine ei peata vaidlustatud määruse täitmist, kui seaduses ei ole ette nähtud teisiti.
(2) Riigikohus võib enne määruskaebuse lahendamist määruskaebuse tagada, muu hulgas peatada vaidlustatud määruse täitmise või kohaldada muid esialgse õiguskaitse abinõusid.

§ 701. Määruskaebuse lahendamine

(1) Riigikohus toimetab määruskaebuse ja selle lisade ärakirjad kätte menetlusosalistele ja küsib neilt vastuse, välja arvatud juhul, kui määrus teiste menetlusosaliste õigusi ei puuduta.
(2) Määruskaebus lahendatakse põhjendatud määrusega kirjalikus menetluses, kui kohus ei pea vajalikuks kohtuistungi korraldamist.
(3) Kui Riigikohus leiab, et määruskaebus on põhjendatud, tühistab ta vaidlustatud määruse ja teeb võimaluse korral uue määruse. Vajaduse korral saadab Riigikohus asja uueks lahendamiseks tagasi määruse teinud ringkonnakohtule või teisele ringkonnakohtule. Riigikohus võib tühistada
ka asjas tehtud maakohtu määruse ja saata asja uueks lahendamiseks maakohtule. [RT I 2008, 59, 330 - jõust. 01.01.2009]

68. peatükk TEISTMINE

§ 702. Teistmise alused

(1) Jõustunud kohtulahendi võib hagimenetluses poole avalduse alusel, hagita menetluses menetlusosalise või muu isiku, kelle kohus oleks pidanud asja lahendamisel kaasama, avalduse alusel uute asjaolude ilmsikstulekul teistmise korras uuesti läbi vaadata.
(2) Teistmise alused on järgmised:
1) lahendi on teinud kohtukoosseis, kuhu kuulus kohtunik, kes oleks pidanud ennast taandama;
2) menetlusosalisele ei olnud menetlusest seaduse kohaselt teatatud, muu hulgas hagiavaldust kätte toimetatud või menetlusosaline ei olnud seaduse kohaselt kohtusse kutsutud, kuigi lahend tehti tema suhtes;
3) menetlusosalist ei esindanud menetluses selleks õigust omav isik, kuigi otsus tehti tema suhtes, välja arvatud juhul, kui menetlusosaline on enda esindamise menetluses heaks kiitnud; [RT I 2008, 59, 330 - jõust. 01.01.2009]
4) kohtulahendi ebaseaduslikkus või põhjendamatus, mis tuleneb kriminaalasjas jõustunud kohtuotsusega tuvastatud tunnistaja valeütlusest, teadvalt valest eksperdiarvamusest, teadvalt valest tõlkest, dokumendi võltsimisest või tõendi kunstlikust loomisest;
5) kohtuniku või menetlusosalise või tema esindaja kuritegu, mille ta on toime pannud teistetavat kohtuasja arutades või läbi vaadates ja mis on tuvastatud jõustunud kohtuotsusega kriminaalasjas;
6) kohtulahend põhineb varem tehtud kohtulahendil, vahekohtu otsusel või haldusaktil, mis on tühistatud või muudetud;
7) Riigikohtu põhiseaduslikkuse järelevalve kohtumenetluse korras selle õigustloova akti või selle sätte põhiseadusega vastuolus olevaks tunnistamine, millele tugines kohtulahend teistetavas tsiviilasjas;
8) Euroopa Inimõiguste Kohus on leidnud inimõiguste ja põhivabaduste kaitse konventsiooni või selle protokollide rikkumise kohtulahendi tegemisel ja rikkumist ei ole võimalik mõistlikult kõrvaldada või hüvitada muul viisil kui teistmise kaudu;
81) peatumise aluse ilmnemine, mis kohtulahendi tegemise ajal oli olemas, kuid ei olnud ega võinud olla kohtule teada;
[RT I 2009, 67, 460 - jõust. 01.01.2010]
9) muu oluline asjaolu või tõend, mis kohtulahendi tegemise ajal oli olemas, kuid ei olnud ega võinud olla menetlusosalisele teada ja mille esitamisel või millele tuginemisel menetluses oleks ilmselt tehtud teistsugune kohtulahend.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Käesoleva paragrahvi lõikes 2 nimetatud asjaolu ei ole teistmise alus, kui see ei ole mõjutanud kohtulahendi tegemist menetlusosalise kasuks või kahjuks.

§ 703. Teistmise piirangud

(1) Teistmine ei ole lubatud nende kohtumääruste suhtes, mille peale ei saa käesoleva seadustiku kohaselt edasi kaevata.
(2) Teistmine ei ole lubatud, kui menetlusosalisel oli võimalik tugineda teistmist võimaldavatele asjaoludele varasemas menetluses, eelkõige vastuväite või kaebusega, samuti kui vastuväide või kaebus jäi rahuldamata.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Teistmisavaldust ei või samadele asjaoludele tuginedes esitada korduvalt.

§ 704. Teistmisavalduse esitamise tähtaeg

(1) Teistmisavalduse võib esitada kahe kuu jooksul teistmise aluse olemasolust teadasaamisest alates, kuid mitte enne lahendi jõustumist. Teistmisavalduse võib põhjusel, et menetlusosaline ei olnud menetluses esindatud, esitada kahe kuu jooksul alates päevast, millal menetlusosalisele, tsiviilkohtumenetlusteovõimetu menetlusosalise puhul aga menetlusosalise seaduslikule esindajale lahend kätte toimetati. Seejuures ei arvestata avalikku kättetoimetamist.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Käesoleva seadustiku § 702 lõike 2 punktis 8 nimetatud juhul võib teistmisavalduse esitada kuue kuu jooksul Euroopa Inimõiguste Kohtu otsuse jõustumisest. Käesoleva seadustiku § 702 lõike 2 punktis 7 nimetatud juhul võib teistmisavalduse esitada kuue kuu jooksul alates Riigikohtu otsuse jõustumisest.
[RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Teistmisavaldust ei või esitada, kui kohtulahendi jõustumisest, mille teistmist nõutakse, on möödunud viis aastat. Teistmisavaldust põhjusel, et pool ei olnud menetluses osalenud või esindatud või käesoleva seadustiku § 702 lõike 2 punktis 8 nimetatud juhul, ei või esitada, kui kohtulahendi jõustumisest on möödas kümme aastat.
[RT I 2006, 48, 360 - jõust. 18.11.2006]
(4) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 705. Kassatsioonimenetluse sätete kohaldamine

[RT I 2008, 59, 330 - jõust. 01.01.2009]

Teistmisavalduse esitamisele ja menetlemisele kohaldatakse kassatsioonkaebuse kohta sätestatut, kui käesolevas peatükis sätestatust ei tulene teisiti.

§ 706. Teistmisavalduse esitamine

(1) Teistmisavaldus esitatakse Riigikohtule.
(2) Teistmisavalduse esitamisel tuleb tasuda kassatsioonikautsjon samas ulatuses nagu kassatsioonkaebuse esitamisel.

§ 707. Teistmisavalduse sisu

(1) Teistmisavalduses märgitakse muu hulgas taotlus lahendi suhtes, avalduse põhjendus ja teistmise õiguslik alus, samuti asjaolud, millest nähtub avalduse esitamise tähtajast kinnipidamine ja tõendid, mis tõendavad teistmise alust ja teistmisavalduse esitamise tähtajast kinnipidamist.
(2) Avaldusele lisatakse ärakiri kohtulahendist, mille teistmist nõutakse, ja teistmisavalduse aluseks olevad dokumendid või nende ärakirjad. Kui dokumendid ei ole avaldaja valduses, tuleb märkida, kas avaldaja taotleb, et kohus dokumendid välja nõuaks.
(3) Teistmist põhjendavate asjaolude tõendamine ei ole lubatud taotluse esitamisega menetlusosaliselt vande all seletuse võtmiseks.
[RT I 2005, 39, 308 - jõust. 01.01.2006]

§ 708. Teistmisavalduse läbivaatamise ettevalmistamine

(1) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Alama astme kohtulahendi peale esitatud teistmisavalduse lahendamiseks nõuab Riigikohus alama astme kohtult toimiku välja.
(3) Vastuvõetud avalduse ärakirja toimetab Riigikohus vastaspoolele kätte ja nõuab määratud tähtpäevaks kirjalikku vastust. Teistmisavaldust ei toimetata kätte ja vastust ei küsita samadel alustel kui kassatsioonkaebuse puhul.
(4) Vastaja peab märkima, kas ta on teistmisavaldusega nõus. Oma vastuväiteid peab vastaja põhistama ja esitama võimaluse korral nende kohta tõendid.
(5) Teistmine ei peata kohtulahendi täitmist. Riigikohus võib määrusega täitemenetluse peatada või lubada selle jätkamist üksnes tagatise vastu või tühistada täitetoimingu.

§ 709. Teistmisavalduse menetlusse võtmine

Riigikohus võtab teistmisavalduse menetlusse, kui teistmisavalduses esitatud asjaolud võimaldavad arvata, et tegemist on seaduses sätestatud teistmise alusega.

§ 710. Teistmisavalduse lahendamine

(1) Kui Riigikohus leiab, et teistmisavaldus on põhjendatud, tühistab ta määrusega kohtulahendi ja saadab asja uueks läbivaatamiseks sellesse alama astme kohtusse, kus kohtulahend oli tehtud. Kui asjaolud on selged, muudab Riigikohus alama astme kohtu lahendi või tühistab alama astme
kohtu lahendi ja teeb uue otsuse või määruse. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Menetlusosalistele edastatakse otsuse või määruse ärakiri. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009] (4) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]

69. peatükk PÄDEVA KOHTU MÄÄRAMINE

§ 711. Pädeva kohtu määramise kord

(1) Seaduses sätestatud juhul määrab Riigikohtu tsiviil- ja halduskolleegiumi vaheline erikogu asja lahendamiseks pädeva kohtu. Erikogu moodustab ja erikogu juhatab Riigikohtu esimees. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(2) Erikogu määrab kahe kuu jooksul asja saamisest alates määrusega asja lahendamiseks
pädeva kohtu menetlusosalisi asja arutamisele kutsumata. Menetlusosaline võib erikogule esitada kirjalikult oma seisukoha.
(3) Pädeva kohtu määramisel Riigikohtu erikogu tühistab kohtu määruse, milles pädevaks kohtuks tunnistatud kohus leidis, et asi ei kuulu tema pädevusse, ja saadab asja lahendamiseks tühistatud määruse teinud kohtule.
(4) [Kehtetu - RT I 2008, 59, 330 - jõust. 01.01.2009]
(5) Kui Riigikohtu erikogu leiab, et asi ei kuulu lahendamisele ei tsiviil- ega halduskohtumenetluses, lõpetab ta määrusega asja menetluse.

14. osa VAHEKOHUS

70. peatükk ÜLDSÄTTED

§ 712. Vahekohtumenetluse koht

(1) Käesolevas osas sätestatut kohaldatakse Eestis toimuvale vahekohtumenetlusele, kui seadusega või välislepingus ei ole ette nähtud teisiti.
(2) Käesoleva seadustiku §-des 720 ja 740 sätestatut kohaldatakse ka juhul, kui vahekohtumenetluse toimumise koht on välisriigis või ei ole veel kindlaks määratud.
(3) Kuni vahekohtumenetluse toimumise koha kindlaksmääramiseni Eestis või välisriigis täidavad käesoleva seadustiku §-des 721, 724, 725, 727 ja 728 nimetatud ülesandeid Eesti kohtud, kui vähemalt ühe poole tegevus-, elu- või asukoht on Eestis.

§ 713. Kohtute tegevuse ulatus

Kohtul on õigus teha vahekohtumenetluses toiminguid üksnes seaduses sätestatud juhtudel ja ulatuses.

§ 714. Seaduse või vahekohtu kokkuleppe rikkumisest teatamata jätmise tagajärjed

Käesoleva osa dispositiivse sätte või poolte vahekohtumenetluse jaoks kokku lepitud nõude rikkumise korral ei või pool rikkumisele tugineda, kui ta ei teata vahekohtule rikkumisest viivitamata pärast seda, kui ta on rikkumisest teada saanud või oleks pidanud teada saama.

§ 715. Teadete kättetoimetatuks lugemine

(1) Kui poole või teadet vastu võtma õigustatud isiku tegutsemis-, elu- või asukoht ei ole teada, loetakse teade poolele kättetoimetatuks päevast, mil pool või teadet vastu võtma õigustatud isik oleks selle kätte saanud tavalise kättetoimetamise korral tähitud kirjaga või muul saabumist tõendaval viisil tema viimati teadaoleval aadressil.
(2) Käesoleva paragrahvi lõikes 1 sätestatut ei kohaldata teadete kättetoimetamisele kohtumenetluses.

§ 716. Menetlus alaliselt tegutsevas vahekohtus

(1) Kui pooled on kokku leppinud vahekohtumenetluse alaliselt tegutsevas vahekohtus, eeldatakse, et poolte kokkulepe hõlmab ka vahekohtu reglemendis või muus vahekohtumenetluse kohta käivas dokumendis ettenähtud menetlusreegleid.
(2) Kui käesolevas osas on sätestatud poole õigus esitada kokkuleppe saavutamata jätmisel menetluslikus küsimuses taotlus kohtule, võib seda alaliselt tegutseva vahekohtu menetluses teha üksnes juhul, kui ka vahekohtu menetlusreeglite alusel ei ole võimalik menetluslikku küsimust lahendada.

71. peatükk VAHEKOHTU KOKKULEPE

§ 717. Vahekohtu kokkuleppe mõiste

(1) Vahekohtu kokkulepe on poolte kokkulepe anda vahekohtu lahendada nende vahel tekkinud või tekkida võivast kindlaksmääratud lepingulisest või lepinguvälisest suhtest tulenev vaidlus.
(2) Vahekohtu kokkuleppe võib sõlmida iseseisva kokkuleppena või lepingu osaks oleva eristatava tingimusena.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]

§ 718. Vahekohtu kokkuleppe kehtivus

(1) Vahekohtu kokkuleppe ese võib olla varaline nõue. Vahekohtu kokkulepe mittevaralise nõude kohta kehtib üksnes juhul, kui pooled võivad vaidluse eseme suhtes sõlmida kompromissi.
(2) Vahekohtu kokkulepe on tühine, kui selle ese on:
1) Eestis asuva eluruumi üürilepingu kehtivuse ja ülesütlemise ning eluruumi vabastamise vaidlus;
2) töölepingu lõpetamise vaidlus.
(3) Avalik-õiguslik varaline nõue võib olla vahekohtu kokkuleppe ese, kui pooled võivad sõlmida vaidluseseme kohta halduslepingu.
(4) Seaduses võib olla kehtestatud teatud liiki vaidluste vahekohtule lahendada andmise keeld või piirang.

§ 719. Vahekohtu kokkuleppe vorm

(1) Vahekohtu kokkulepe peab olema sõlmitud kirjalikult taasesitatavas vormis. Vahekohtu kokkulepe võib sisalduda ka kinnituskirjas.
(2) Kui vahekohtu kokkuleppe pool on tarbija, peab kokkulepe sisalduma tarbija omakäeliselt allakirjutatud või digitaalallkirjaga varustatud dokumendis.
(3) Vorminõude järgimata jätmine ei mõjuta kokkuleppe kehtivust, kui pooled nõustuvad vaidluse lahendamisega vahekohtus.

§ 720. Vahekohtu kokkulepe ja hagi tagamine kohtus

Vahekohtu kokkuleppe sõlmimine ei välista, et kohus tagab poole avalduse alusel hagi enne või pärast vahekohtumenetluse algust.

72. peatükk VAHEKOHTU MOODUSTAMINE

§ 721. Vahekohtu moodustamine

(1) Pooled lepivad kokku vahekohtunike arvu. Kokkuleppe puudumise korral lahendavad vaidluse kolm vahekohtunikku.
(2) Kui vahekohtu kokkulepe annab vahekohtu moodustamisel ühele poolele majandusliku või muu eelise, mis oluliselt kahjustab teist poolt, võib viimane esitada kohtule avalduse määrata vahekohtunik või vahekohtunikud erinevalt toimunud nimetamisest või kokkulepitud nimetamisreeglitest. Avaldus tuleb esitada hiljemalt 15 päeva jooksul, alates ajast, mil pool sai teada vahekohtu moodustamisest.
(3) Kui pool on esitanud kohtule käesoleva paragrahvi lõikes 2 nimetatud avalduse, võib vahekohus oma menetluse peatada.

§ 722. Vahekohtunikuks nimetamise eeldused

(1) Vahekohtunikuks võib nimetada teovõimelise füüsilise isiku.
(2) Pooled võivad kokku leppida vahekohtuniku kvalifikatsiooninõuetes.

§ 723. Vahekohtuniku nõusolek

Vahekohtuniku nimetamiseks on vaja vahekohtunikukandidaadi kirjalikku nõusolekut. [RT I 2008, 59, 330 - jõust. 01.01.2009]

§ 724. Vahekohtuniku nimetamine

(1) Pooled võivad kokku leppida vahekohtunike nimetamise korra.
(2) Kui on ette nähtud kolm vahekohtunikku ja pooled ei ole nende nimetamise korda kokku leppinud, nimetab kumbki pool ühe vahekohtuniku. Nimetatud vahekohtunikud valivad kolmanda vahekohtuniku, kes on vahekohtu eesistuja.
(3) Kui käesoleva paragrahvi lõikes 2 nimetatud juhul ei ole pool nimetanud vahekohtunikku teiselt poolelt selle kohta taotluse saamisest alates 30 päeva jooksul või kui poolte nimetatud vahekohtunikud ei suuda nende nimetamisest alates 30 päeva jooksul valida kolmandat vahekohtunikku, määrab vahekohtuniku poole avalduse alusel kohus.
(4) Kui on ette nähtud üks vahekohtunik, kelle nimetamise korda ei ole pooled kokku leppinud ega suuda kokku leppida, määrab vahekohtuniku poole avalduse alusel kohus.
(5) Kui pooled on kokku leppinud vahekohtuniku nimetamise korra ja üks pool rikub korda või kui pooled või mõlemad vahekohtunikud kokkuleppele ei jõua või kui kolmas isik ei täida talle nimetamise menetlusega pandud ülesandeid, võib kumbki pool taotleda kohtult vahekohtuniku määramist, kui vahekohtuniku nimetamise korda ei ole kokku lepitud teisiti.

§ 725. Vahekohtuniku määramine kohtu poolt

(1) Kohus määrab vahekohtuniku avalduse saamisest alates 30 päeva jooksul. (2) Kohus arvestab vahekohtunikku määrates:
1) poolte vahel vahekohtuniku suhtes kokkulepitud tingimusi;
2) asjaolusid, mis tagavad sõltumatu, erapooletu ja kompetentse vahekohtuniku määramise. (3) Vahekohtuniku määramise määruse peale ei saa edasi kaevata.

§ 726. Vahekohtuniku taandamine

(1) Vahekohtunikku võib taandada, kui on olemas asjaolu, mis tekitab põhjendatud kahtluse tema erapooletuses, sõltumatuses või ebakompetentsuses või kui tema puhul ei ole täidetud poolte vahel kokkulepitud tingimused. Pool võib taotleda tema nimetatud vahekohtuniku taandamist, kui taandamise alus on saanud talle teatavaks pärast vahekohtuniku nimetamist.
(2) Vahekohtunikukandidaat avalikustab viivitamata kõik asjaolud, mis võivad tekitada kahtlust tema erapooletuses või sõltumatuses või olla muul põhjusel tema taandamise aluseks. Vahekohtunik on kohustatud pärast nimetamist kuni vahekohtumenetluse lõppemiseni pooltele viivitamata avalikustama nimetatud asjaolud, kui ta ei ole seda varem teinud.

§ 727. Vahekohtuniku taandamise kord

(1) Pooled võivad kokku leppida vahekohtuniku taandamise korra.
(2) Kui pooled ei ole taandamise korda kokku leppinud, võib pool esitada vahekohtule taandamise avalduse vahekohtu moodustamisest alates 15 päeva jooksul või käesoleva seadustiku § 726 lõikes 1 nimetatud asjaolust teadasaamisest alates. Kui vahekohtunik ei astu ametist tagasi või kui teine pool taandamisega ei nõustu, otsustab taandamise vahekohus taandatava vahekohtuniku osavõtuta.
(3) Kui taandamist poolte kokkulepitud korra või käesoleva paragrahvi lõike 2 kohaselt ei ole võimalik lahendada, võib pool esitada taandamisavalduse kohtule 30 päeva jooksul, alates ajast, millal ta sai teada taandamisavalduse tagasilükkamisest.
(4) Vahekohus võib kuni taandamisavalduse kohtu poolt lahendamiseni oma menetluse peatada.

§ 728. Vahekohtuniku võimetus oma ülesandeid täita

(1) Kui vahekohtunik ei saa oma ülesandeid mõistliku tähtaja jooksul täita, lõpeb tema pädevus vahekohtunikuna, kui ta astub tagasi või kui pooled lepivad kokku tema pädevuse lõppemise. Kui vahekohtunik ei astu tagasi või kui pooled ei jõua kokkuleppele tema pädevuse lõppemises,
võib kumbki pool taotleda kohtult vahekohtuniku pädevuse lõppenuks tunnistamist, kui pooled ei ole leppinud kokku teisiti.
(2) Käesoleva paragrahvi lõikes 1 sätestatu ei välista ega piira poole õigust lõpetada vahekohtunikuga sõlmitud leping.

§ 729. Vahekohtuniku asendamine

(1) Kui vahekohtunikuga sõlmitud leping lõpeb, nimetatakse tema asemele uus vahekohtunik. Nimetamine toimub samade nõuete järgi, mida kohaldati asendatud vahekohtuniku nimetamisel. Vahekohus peatab menetluse kuni uue vahekohtuniku nimetamiseni. Pärast peatumist jätkatakse menetlust sealt, kus see pooleli jäi.
(2) Pooled võivad kokku leppida, et vahekohtunik asendatakse muul kui käesoleva paragrahvi lõikes 1 nimetatud viisil.

73. peatükk VAHEKOHTU PÄDEVUS

§ 730. Vahekohtu õigus määrata oma pädevus

(1) Vahekohtul on õigus määrata oma pädevus ja seoses sellega lahendada ka vahekohtu kokkuleppe olemasolu ja kehtivuse küsimus. Seejuures tuleb vahekohtu kokkulepet käsitada ülejäänud lepingutingimustest sõltumatu kokkuleppena.
(2) Vastuväide vahekohtu pädevuse suhtes tuleb esitada hiljemalt vastuses hagile. Vastuväite esitamist ei välista asjaolu, et pool on ise nimetanud vahekohtuniku.
(3) Vastuväide vahekohtu pädevuse piiride ületamise kohta tuleb esitada hiljemalt vahekohtumenetluse alustamisel, mille kohta pädevuse ületamist väidetakse.
(4) Vahekohus võib käesoleva paragrahvi lõigetes 2 ja 3 sätestatud juhul lubada vastuväite esitada hiljem, kui pool on jätnud selle õigel ajal esitamata mõjuval põhjusel.
(5) Kui vahekohus peab ennast asjas pädevaks, teeb ta käesoleva paragrahvi lõike 2 või 3 kohaselt esitatud vastuväite kohta eraldi otsuse.
(6) Pool võib käesoleva seadustiku § 755 lõikes 4 nimetatud kohtult taotleda käesoleva paragrahvi lõikes 5 nimetatud vahekohtu otsuse muutmist 30 päeva jooksul otsuse kirjalikult teatavakstegemisest arvates. See ei peata vahekohtumenetlust, kuid vahekohus võib sellise avalduse menetluse ajaks vahekohtumenetluse peatada.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]
(7) Kui vahekohus on tunnistanud end ebapädevaks, taastub tavaline kohtualluvus, kui pooled ei ole kokku leppinud teisiti.
(8) Käesolevas paragrahvis sätestatut ei kohaldata, kui kohus on võtnud menetlusse hagi, milles palutakse tuvastada vahekohtu kokkuleppe kehtivus või vahekohtu õigus asja menetleda. Kohus ei või sellist hagi menetlusse võtta, kui vahekohus asjas on juba moodustatud ja ei ole oma pädevust veel eitanud.

§ 731. Hagi tagamine vahekohtus

(1) Vahekohus võib poole avalduse alusel hagi tagada, kui pooled ei ole kokku leppinud teisiti. Isiklikku vabadust piiravaid hagi tagamise abinõusid ei või rakendada. Vahekohus võib nõuda mõlemalt poolelt seoses hagi tagamisega mõistliku tagatise andmist.
(2) Käesoleva paragrahvi lõike 1 alusel määratud hagi tagamise otsus täidetakse kohtu määruse alusel. Kohus teeb määruse poole avalduse alusel ja lubab hagi tagamise otsuse täitmist üksnes juhul, kui sama hagi tagamise abinõu ei ole juba kohtult taotletud. Kohus võib hagi tagamise
määruse teisiti sõnastada, kui see on vajalik hagi tagamise abinõu rakendamiseks. Kohtule esitatavalt hagi tagamise avalduselt tuleb anda tagatis sarnaselt kohtule esitatud hagi tagamisega. [RT I 2008, 59, 330 - jõust. 01.01.2009]
(3) Kohus võib avalduse alusel hagi tagamise tühistada või seda muuta samal alusel ja korras kui kohtumenetluses oleva hagi tagamise.
(4) Alaliselt tegutseva vahekohtu pädev organ võib kuni vaidlust lahendava vahekohtu moodustamiseni edastada kohtule poole avalduse hagi tagamiseks. Avaldus lahendatakse hagi tagamise avalduse lahendamiseks seaduses sätestatud korras.
(5) Kui selgub, et hagi tagamine vahekohtumenetluses ei olnud õigustatud, peab hagi tagamist taotlenud pool hüvitama vastaspoolele kahju, mis on sellel poolel tekkinud hagi tagamisest või hagi tagamise abinõu rakendamise vältimiseks antud tagatisest.

74. peatükk VAHEKOHTUMENETLUS

§ 732. Menetluse üldpõhimõtted

(1) Pooli tuleb vahekohtumenetluses kohelda võrdsetena. Mõlemale poolele tuleb anda võimalus avaldada oma seisukohta.
(2) Käesoleva paragrahvi lõikes 1 sätestamata ulatuses võivad pooled ise menetluskorras kokku leppida või viidata mõne vahekohtu reglemendile. Pooled ei või kõrvale kalduda käesolevas osas kohustuslikult sätestatust.
(3) Kui pooled ei ole menetluskorda kokku leppinud ja seda ei sisalda ka käesolev osa, määrab menetluskorra vahekohus. Vahekohtul on õigus otsustada tõendite esitamise lubatavuse üle, tõendeid uurida ja tõendamise tulemust vabalt hinnata.

§ 733. Vahekohtumenetluse koht

(1) Pooled võivad kokku leppida vahekohtumenetluse toimumise koha. Kokkuleppe puudumise korral määrab koha selle pooltele sobivust arvestades vahekohus.
(2) Vahekohus võib vaatamata käesoleva paragrahvi lõikes 1 sätestatule koguneda tunnistajate, ekspertide või poolte ärakuulamiseks, vahekohtu liikmete nõupidamiseks või asjadega või dokumentidega tutvumiseks seal, kus ta seda sobivaks peab, kui pooled ei ole kokku leppinud teisiti.
(3) Vahekohtul on poolte nõusolekul õigus lasta ühel oma liikmel tunnistajaid või eksperte ära kuulata.

§ 734. Menetluse keel

(1) Pooled võivad kokku leppida vahekohtumenetluse keele. Kokkuleppe puudumise korral määrab menetluse keele vahekohus.
(2) Kokkulepitud või määratud keeles tuleb teha poolte avaldused, vahekohtu otsus ja muud vahekohtu teated ning pidada kohtuistung, kui poolte kokkuleppes või vahekohtu määruses ei ole ette nähtud teisiti.
(3) Vahekohus võib nõuda kirjalike tõendite esitamist koos tõlkega poolte kokkulepitud või vahekohtu määratud keelde.

§ 735. Vahekohtumenetluse algus

Vahekohtumenetlus algab päeval ja hagi loetakse esitatuks, kui kostja saab kätte vahekohtus vaidluse lahendamiseks esitatud hagiavalduse, kui pooled ei ole kokku leppinud teisiti.

§ 736. Hagi ja vastus hagile

(1) Hagiavalduses märgitakse:
1) vahekohtu nimetus või vahekohtuniku nimi;
2) hageja ja kostja andmed;
3) hageja nõue;
4) asjaolud, millel nõue põhineb, ja neid asjaolusid kinnitavad tõendid, mida hageja esitab või kavatseb esitada;
5) lisatud dokumentide nimekiri.
(2) Poolte kokkulepitud või vahekohtu määratud tähtaja jooksul peab kostja esitama hagi kohta oma seisukoha.
(3) Pool võib vahekohtumenetluse käigus oma hagi muuta või täiendada, kui pooled ei ole kokku leppinud teisiti. Vahekohus ei võta hagi muutmist või täiendamist vastu, kui sellega kaasneks menetluse põhjendamatu viivitamine.
(4) Käesoleva paragrahvi lõigetes 1–3 sätestatut kohaldatakse ka vastuhagile.

§ 737. Vahekohtu istung ja kirjalik menetlus

(1) Vahekohus korraldab menetluse suuliselt või kirjalikult, kui pooled ei ole kokku leppinud teisiti. Kui pooled ei ole istungi pidamist välistanud, peab vahekohus ühe poole avalduse alusel istungi menetluses sobival ajal.
(2) Vahekohtu istung ja tõendite uurimiseks korraldatud vahekohtu muu kogunemine tehakse pooltele viivitamata teatavaks.
(3) Kui pool on esitanud dokumendi, teeb vahekohus selle teisele poolele viivitamata teatavaks ja saadab talle dokumendi ärakirja. Eksperdiarvamusest ja muudest kirjalikest tõenditest, mida vahekohus võib otsuse tegemisel arvestada, tuleb mõlemale poolele teatada ja saata neile ärakirjad.

§ 738. Toimingu tegemata jätmise tagajärjed

(1) Kui kostja jätab hagile ettenähtud ajaks vastamata, jätkab vahekohus menetlust. Kostja vastuse puudumist ei loeta hagi õigeksvõtuks.
(2) Kui pool jätab istungile ilmumata või dokumentaalse tõendi määratud tähtpäevaks esitamata, võib vahekohus menetlust jätkata ja teha otsuse vastavalt senituvastatule.
(3) Kui käesoleva paragrahvi lõigetes 1 ja 2 sätestatud toimingu tegemata jätmine oli vahekohtu arvates piisavalt põhjendatud, jäetakse toimingu tegematajätmine tähelepanuta. Muus osas võivad pooled kokku leppida toimingu tegematajätmise teistsugustes tagajärgedes.

§ 739. Vahekohtu määratud ekspert

(1) Vahekohus võib määrata ühe eksperdi või mitu eksperti andma eksperdiarvamuse vahekohtu koostatud küsimustele, kui pooled ei ole kokku leppinud teisiti. Vahekohus võib poolelt nõuda,
et see annaks eksperdile asjasse puutuvat infot ning ekspertiisiks vajalikud dokumendid või asjad.
(2) Eksperdiarvamuse andnud ekspert peab osalema istungil poole avalduse alusel või vahekohtu nõudel, kui pooled ei ole kokku leppinud teisiti. Istungil võib pool esitada eksperdile küsimusi ja lubada vaidlusaluses küsimuses omapoolsel eksperdil arvamust avaldada.
(3) Vahekohtu määratud eksperdi võib taandada ja taandamisavalduse kohtule esitada samas korras vahekohtuniku taandamisega.

§ 740. Kohtu abi tõendamistoimingute tegemisel ja muud kohtutoimingud

(1) Kui vahekohus ei ole pädev tõendamis- või muud kohtutoimingut tegema, võib vahekohus või tema loal pool taotleda abi kohtult.
(2) Käesoleva paragrahvi lõikes 1 nimetatud avaldust lahendades järgib kohus tõendamise või muu kohtutoimingu tegemise kohta kehtivaid menetlussätteid. Vahekohtunikel on õigus osaleda kohtulikul tõendamismenetlusel ja esitada küsimusi.
(3) Kohus protokollib menetlustoimingu ning saadab protokolli ärakirja viivitamata vahekohtule ja pooltele.
(4) Vahekohus võib vahekohtumenetluse kuni kohtutoimingu tegemiseni peatada.

§ 741. Konfidentsiaalsuse nõue

Vahekohtunik on kohustatud saladuses hoidma talle vahekohtuniku ülesandeid täites teatavaks saanud teavet, mille saladuses hoidmiseks on pooltel õigustatud huvi, kui pooled ei ole kokku leppinud teisiti.

75. peatükk VAHEKOHTU OTSUS JA MENETLUSE LÕPETAMINE

§ 742. Kohaldatav õigus

(1) Vahekohus kohaldab vaidluse lahendamisel õigusakte, mille kohaldamises on pooled kokku leppinud. Mõne riigi õigusele viitamisel eeldatakse, et kokkulepe ei hõlma selle riigi kollisiooninorme, kui pooled ei ole selgesõnaliselt kokku leppinud teisiti.
(2) Kui pooled ei ole kohaldatavat õigust kokku leppinud ja kohaldatav õigus ei tulene ka seadusest, kohaldab vahekohus Eesti õigust.
(3) Vahekohus võib lahendada vaidluse õigluse põhimõttel, kui pooled on selles selgesõnaliselt kokku leppinud. Kokkuleppe võib sõlmida kuni vahekohtu otsuse tegemiseni. Vaidlust õigluse järgi lahendades ei või kõrvale kalduda selle riigi õiguse imperatiivsetest sätetest, mida kohaldataks vaidluse lahendamisel õigluse põhimõttes kokku leppimata.
(4) Vahekohus arvestab vaidlust lahendades lepingutingimusi ja tavasid käesoleva paragrahvi lõigetes 1 ja 2 sätestatud juhul niivõrd, kuivõrd seda lubab kohaldatav õigusakt.

§ 743. Otsuse tegemine vahekohtu poolt

(1) Kui menetluses osaleb mitu vahekohtunikku, on otsus tehtud, kui selle poolt hääletab vahekohtunike enamus, kui pooled ei ole kokku leppinud teisiti.
(2) Kui üks vahekohtunikest keeldub otsuse tegemisel osalemast, võivad ülejäänud vahekohtunikud teha otsuse temata, kui pooled ei ole kokku leppinud teisiti. Kavatsusest teha otsus keeldunud vahekohtunikuta tuleb pooltele eelnevalt teatada.
(3) Üksikute menetlusküsimuste osas võib teha otsuseid või korraldusi vahekohtu eesistuja, kui teda on selleks volitanud pooled või vahekohtu teised liikmed.

§ 744. Kompromiss

(1) Vahekohus lõpetab menetluse, kui pooled sõlmivad kompromissi. Vahekohus vormistab poolte avalduse alusel kompromissi kokkulepitud sõnastuses vahekohtu otsusena, kui kompromissi sisu ei ole vastuolus avaliku korraga või heade kommetega. Otsusele kirjutavad alla ka pooled.
(2) Kokkulepitud sõnastuses tehtud vahekohtu otsus väljastatakse pooltele ja otsusest peab nähtuma, et tegu on vahekohtu otsusega. Sellisel vahekohtu otsusel on samasugune õigusjõud nagu vahekohtu tavalisel otsusel.
(3) Kui poole tahteavalduse kehtimiseks on vaja avaldus notariaalselt tõestada, loetakse notariaalne tõestamine kokkulepitud sõnastuses tehtud vahekohtu otsuse korral asendatuks, kui tegemist on Eestis alaliselt tegutseva vahekohtu otsusega.

§ 745. Vahekohtu otsuse vorm ja sisu

(1) Vahekohus määrab otsuse tegemise aja ja teeb selle pooltele teatavaks.
(2) Vahekohus teeb otsuse kirjalikult ja vahekohtunik kirjutab otsusele alla. Kui otsuse teeb mitu vahekohtunikku, piisab enamuse allkirjadest, kui näidatakse allkirja puudumise põhjus.
(3) Hääletamisel vähemusse jäänud vahekohtuniku eriarvamus esitatakse vahekohtuniku soovil pärast allkirju ja sellele kirjutab alla eriarvamusele jäänud vahekohtunik.
(4) Vahekohtu otsust tuleb põhjendada, välja arvatud juhul, kui pooled on kokku leppinud teisiti või kui tegu on kompromissil põhineva otsusega.
(5) Vahekohtu otsuses tuleb märkida selle tegemise kuupäev ja vahekohtumenetluse koht. (6) Vahekohus toimetab otsuse ärakirja pooltele kätte otsuse tegemise päevale järgneval
tööpäeval.

§ 746. Vahekohtu otsuse jõustumine ja toime

(1) Vahekohtu otsus jõustub selle tegemise päeval.
(2) Vahekohtu otsusel on poolte suhtes samasugune toime nagu jõustunud kohtuotsusel.

§ 747. Vahekohtumenetluse lõppemine

(1) Vahekohtumenetlus lõpeb, kui vahekohus on teinud sisulise otsuse või käesoleva paragrahvi lõikes 2 nimetatud otsuse.
(2) Vahekohus lõpetab otsusega menetluse, kui:
1) hageja võtab hagi tagasi, välja arvatud juhul, kui kostja sellele vastu vaidleb ja vahekohus tunnustab kostja õiguslikku huvi vaidluse lõpliku lahendamise vastu;
2) pooled lepivad kokku menetluse lõpetamises;
3) pooled ei osale menetluses;
4) vahekohus on seisukohal, et menetlust on võimatu jätkata vahekohtu kokkuleppe lõppemise või vahekohtunike häälte võrdse jagunemise tõttu või muul põhjusel.
(3) Vahekohtumenetluse lõppemisega lõpeb ka vahekohtuniku pädevus. See ei välista ega piira vahekohtuniku õigust ja kohustust täita edasi seaduses ettenähtud ülesandeid.
(4) Käesoleva paragrahvi lõike 2 punktides 1–3 nimetatud juhul ei saa lõpetatud vahekohtumenetlust uuesti alustada.

§ 748. Vahekohtumenetlus poole surma korral

(1) Vahekohtu kokkulepe ega vahekohtumenetlus ei lõpe poole surma tõttu, kui pooled ei ole kokku leppinud teisiti.
(2) Poole surma korral peatab vahekohus menetluse enda määratud ajaks. Tähtaega võib surnud poole õigusjärglase avalduse alusel pikendada.
(3) Pärast peatamist jätkatakse menetlust pooleli jäänud kohast, kui pooled ei ole kokku leppinud teisiti.

§ 749. Otsus vahekohtu kulude kohta

(1) Vahekohus otsustab vahekohtu otsuses, millistes osades peavad pooled kandma vahekohtumenetluse ja pooltele vahekohtus käimisest tekkinud vajalikud kulud, kui pooled ei ole kokku leppinud teisiti.
(2) Kui kulude suurust ei ole kindlaks tehtud või kui see on võimalik alles pärast vahekohtumenetluse lõppemist, otsustatakse see eraldi vahekohtu otsuses.

§ 750. Vahekohtu otsuse parandamine ja täiendamine ning otsuse selgitamine

(1) Vahekohus võib poole avalduse alusel:
1) parandada vahekohtu otsuses esinevad arvutus-, kirja- ja muud sarnased vead;
2) selgitada otsust taotletavas osas;
3) teha täiendava otsuse nõude kohta, mis küll vahekohtumenetluses esitati, aga mida otsuses ei ole lahendatud.
(2) Käesoleva paragrahvi lõikes 1 nimetatud avalduse võib esitada otsuse kättetoimetamisest alates 30 päeva jooksul, kui pooled ei ole kokku leppinud teist tähtaega.
(3) Vahekohus saadab otsuse täiendamise või selgitamise taotluse teadmiseks ka teisele poolele. (4) Vahekohus teeb esialgse otsuse parandamise või selgitamise osas 30 päeva jooksul,
täiendamise osas 60 päeva jooksul avalduse saamisest alates. (5) Vahekohus võib otsust parandada ka poole avalduseta.
(6) Vahekohtu otsuse parandamisele, selgitamisele ja täiendamisele kohaldatakse vahekohtu otsuse vormi ja sisu kohta sätestatut.

76. peatükk OTSUSE TÜHISTAMINE

§ 751. Vahekohtu otsuse tühistamine

(1) Kohus tühistab Eestis tehtud vahekohtu otsuse poole avalduse alusel, kui pool tõendab, et:
1) vahekohtu kokkuleppe sõlminud isiku teovõime oli piiratud;
2) vahekohtu kokkulepe on tühine Eesti õiguse kohaselt või muu riigi õiguse kohaselt, kelle õiguse alusel on pooled otsustanud hinnata vahekohtu kokkuleppe kehtivust;
3) poolele ei ole nõuetekohaselt teatatud vahekohtuniku nimetamisest või vahekohtumenetlusest või kui ta ei ole saanud muul põhjusel esitada ega kaitsta oma seisukohti;
4) vahekohtu otsus käsitleb vaidlust, mida ei ole vahekohtu kokkuleppes nimetatud või mis ületab vahekohtu kokkuleppes määratud piire;
5) vahekohtu moodustamine või vahekohtumenetlus ei vastanud käesolevas osas sätestatule või lubatud pooltevahelisele kokkuleppele ja võib eeldada, et see on oluliselt mõjutanud vahekohtu otsust.
(2) Kohus tühistab vahekohtu otsuse poole avalduse alusel või omal algatusel, kui kohus teeb kindlaks, et:
1) vaidlust ei võinud Eesti õiguse kohaselt lahendada vahekohtus;
2) vahekohtu otsus on vastuolus Eesti avaliku korraga või heade kommetega.
(3) Kui vahekohtu otsuse tühistamist taotletakse käesoleva paragrahvi lõike 1 punkti 4 alusel ning otsusega on lahendatud mitu nõuet, millest osa oli vahekohtu pädevuses, tühistab kohus otsuse nende nõuete osas, mis ei olnud vahekohtu pädevuses.
(4) Kohus võib poole avalduse alusel tühistada vahekohtu otsuse ja saata asja tagasi vahekohtusse, kui see on mõistlik.
(5) Eeldatakse, et vahekohtu otsuse tühistamine ei too kaasa vahekohtu kokkuleppe tühisust.

§ 752. Tühistamisavalduse esitamine

(1) Vahekohtu otsuse tühistamise avalduse võib esitada kohtule vahekohtu otsuse kättetoimetamisest alates 30 päeva jooksul. Kui pärast otsuse kättetoimetamist esitatakse avaldus vahekohtu otsuse parandamiseks, täiendamiseks või selgitamiseks, pikeneb tähtaeg avalduse kohta tehtud otsuse kättetoimetamisest alates 30 päeva võrra.
(2) Otsuse tühistamise avaldust ei saa esitada, kui kohus on otsust tunnustanud või selle täidetavaks tunnistanud.

77. peatükk VAHEKOHTU OTSUSE TUNNUSTAMISE JA TÄITMISE EELDUSED

§ 753. Eestis tehtud vahekohtu otsuse tunnustamine ja täitmine

(1) Vahekohtu otsust tunnustatakse Eestis ja täitemenetlus vahekohtu otsuse põhjal toimub üksnes juhul, kui kohus on otsust tunnustanud ja tunnistanud otsuse täidetavaks. Eestis alaliselt
tegutseva vahekohtu menetluses tehtud otsust tunnustatakse ja täidetakse otsust kohtu poolt tunnustamata ja täidetavaks tunnistamata.
(2) Kohus jätab vahekohtu otsuse täidetavaks tunnistamise avalduse rahuldamata ja tühistab vahekohtu otsuse, kui on olemas alus vahekohtu otsuse tühistamiseks.
(3) Kohus ei arvesta vahekohtu otsuse tühistamise alust, millest tulenevalt saab otsuse tühistada üksnes poole avalduse alusel, kui avaldust vahekohtu otsuse tühistamiseks ei ole esitatud seaduses ettenähtud tähtaja jooksul.

§ 754. Välisriigis tehtud vahekohtu otsuse täitmine

(1) Välisriigi vahekohtute otsuseid tunnustatakse ja võetakse Eestis täitmisele üksnes vastavalt New Yorgi 1958. aasta välisriigi vahekohtu otsuste tunnustamise ja täitmise konventsioonile ja teistele välislepingutele.
(2) Välisriigi vahekohtu otsuse tunnustamisele ja täitmisele kohaldatakse vastavalt välisriigi kohtulahendite tunnustamise kohta sätestatut, kui seadusest või välislepingust ei tulene teisiti.
(3) Kui täidetavaks tunnistatud välisriigi vahekohtu otsus välisriigis tühistatakse, võib võlgnik esitada avalduse täidetavaks tunnistamise tühistamiseks.

78. peatükk KOHTUMENETLUS

§ 755. Kohtute pädevus

(1) Käesoleva osa kohaselt kohtule esitatava avalduse lahendab vahekohtu kokkuleppes nimetatud maakohus, kokkuleppe puudumise korral aga maakohus, kelle tööpiirkonnas asub vahekohtumenetluse koht.
(2) Kui vahekohtumenetluse koht ei ole Eestis, otsustab seadusega kohtu pädevusse antud küsimuse Harju Maakohus.
(3) Tõendamismenetluse või muu kohtutoimingu puhul on vahekohut kohtualluvuse järgi pädev abistama maakohus, kelle tööpiirkonnas tuleb toiming teha.
(4) Vahekohtu otsuse tühistamise avaldus esitatakse vahekohtu kokkuleppes märgitud ringkonnakohtule, kokkuleppe puudumise korral aga ringkonnakohtule, kelle tööpiirkonnas asub vahekohtumenetluse koht. Omal algatusel saab vahekohtu otsuse tühistada ka vahekohtu otsuse täidetavaks tunnistamise avaldust lahendav maakohus.

§ 756. Menetluspõhimõtted

(1) Kohus lahendab avalduse hagita menetluses määrusega. Enne otsustamist tuleb ära kuulata vastaspool, kui see on mõistlik.
(2) Kohus määrab kohtuistungi, kui taotletakse vahekohtu otsuse tühistamist või kui vahekohtu otsuse tunnustamise või täidetavaks tunnistamise avalduse puhul tuleb arvesse asjaolu, mille alusel võib kohus tühistada vahekohtu otsuse omal algatusel.
(3) Kohus võib vastaspoolt eelnevalt ära kuulamata määrata, et kuni avalduse lahendamiseni võib vahekohtu otsust esialgselt sundtäita või vahekohtu määratud hagi tagamise abinõu rakendada. Vahekohtu otsuse sundtäitmine võib seisneda üksnes hagi tagamise abinõude rakendamises. Kostjal on õigus vältida sundtäitmist tagatise andmisega selle summa suuruses, mille tõttu võib avaldaja taotleda otsuse sundtäitmist.
(4) Vahekohtu otsuse tühistamise määruse ja vahekohtu otsuse täidetavaks tunnistamisest keeldumise määruse peale võib esitada määruskaebuse. Muu käesolevas osas sätestatu kohaselt tehtud määruse, sealhulgas käesoleva seadustiku § 730 lõike 6 alusel vahekohtu pädevuse kohta tehtud määruse peale ei saa edasi kaevata.
[RT I, 29.06.2012, 3 - jõust. 01.01.2013]

§ 757. Vahekohtu otsuste täidetavaks tunnistamise erisused

(1) Koos vahekohtu otsuse täidetavaks tunnistamise avaldusega tuleb esitada ka vahekohtu otsus või selle tõestatud ärakiri ja vahekohtu kokkulepe.
(2) Määrus, millega vahekohtu otsus tunnistatakse täidetavaks, kuulub viivitamatule täitmisele. (3) Käesoleva paragrahvi lõigetes 1 ja 2 sätestatut kohaldatakse ka välisriigi vahekohtute
otsustele.

79. peatükk LEPINGUVÄLISED VAHEKOHTUD

§ 758. Sätete kohaldamine lepinguvälistele vahekohtutele

Käesolevas osas sätestatut kohaldatakse ka vahekohtule, mis on seadusega lubatud viisil moodustatud testamendi või pärimislepingu alusel või muul viisil, mis ei põhine poolte kokkuleppel.

15. osa SEADUSTIKU JÕUSTUMINE

§ 759. Seadustiku jõustumine

Käesolev seadustik jõustub tsiviilkohtumenetluse seadustiku ja täitemenetluse seadustiku rakendamise seaduses ettenähtud ajal.

1 Euroopa Parlamendi ja nõukogu direktiiv 2011/7/EL hilinenud maksmisega võitlemise kohta äritehingute puhul (ELT L 48, 23.02.2011, lk 1–10).

[RT I, 05.04.2013, 1 - jõust. 15.04.2013]