Finnish court proceedings have undergone significant change following the evidence recording reform, which entered into force on 1 October 2026. Under the legislative amendment, all oral evidence presented in the District Court is recorded on video, and these recordings will generally be used in appeals before the Court of Appeal and the Supreme Court. The changes apply to all proceedings in which the main hearing begins on or after 1 October 2026. If the main hearing began on or before 30 September 2026, the previous legislation continues to apply to those proceedings.<\/p>\n
The reform aims to ensure that the appellate courts can assess evidence more reliably and consistently than before. It also aims to streamline the appeal process and reduce the time and costs incurred by the parties and witnesses. A further objective is to clarify the role of the Court of Appeal, particularly as the body responsible for overseeing the legality and correctness of District Court decisions. For this reason, the focus of legal proceedings will shift more strongly towards the District Court, where oral evidence will in future be presented and recorded. A similar system has been in use in Sweden since 2008, with positive results.<\/p>\n
District Court proceedings are being reformed so that all oral evidence given there will be recorded on video. The aim is that, if a District Court decision is appealed, the Court of Appeal and the Supreme Court will be able to consider the oral evidence directly from the video recording, without the need to summon witnesses or other persons to be heard again.<\/p>\n
In addition to the District Court\u2019s own duties, lawyers must, in practice, ensure that the persons to be heard are informed in advance that their hearing will be video recorded. Lawyers must also prepare those persons for the video recording to the extent necessary, particularly if the prospect of being recorded makes them nervous. The video recording will not be disclosed outside the District Court and may only be viewed on the District Court\u2019s premises, without bringing in any equipment capable of recording video. However, an audio recording of the hearing may still be requested in the same way as before.<\/p>\n
The reform also aims to develop District Court proceedings so that cases are prepared and handled in a structured manner during the main hearing. This means that the court must ensure cases proceed clearly and consistently, avoiding unnecessary evidence. The aim of structured proceedings is to ensure that the case as a whole remains manageable and that the video recordings are clear and usable on appeal.<\/p>\n
The reform also introduces an entirely new stage of the process: indexing. Indexing means that the District Courts will index, that is, mark on the video recording which topic each part of the hearing relates to. The purpose of indexing is to facilitate the work of the Court of Appeal and the Supreme Court when examining evidence from the recording, although, for the time being at least, indexing must be carried out manually.<\/p>\n
The procedure for receiving oral evidence in the Court of Appeal will change significantly. The starting point is that oral evidence will be received from the District Court\u2019s recording, and, as a general rule, no new in-person hearings will be held.<\/p>\n
There are, however, two exceptions to this procedure: supplementary hearings and re-hearings. In a supplementary hearing, in addition to reviewing the recording, the witness will be asked additional questions. A supplementary hearing may be held if it is necessary to clarify the matter. In a re-hearing, the recording is not reviewed at all. Instead, the hearing is conducted entirely anew. A re-hearing may only be held for a specific reason, such as where the District Court\u2019s recording has failed. The Court of Appeal\u2019s own recording practice will not change, however, and oral evidence given there will continue to be recorded solely as an audio recording.<\/p>\n
The Court of Appeal may also accept a recording, or part of it, in a reference procedure without the recording being played openly in the courtroom, if the Court of Appeal deems this appropriate. In this case, the Court of Appeal will review the recording during the main hearing without the parties or the public present, and the parties will attend the hearing only when it is necessary to present written evidence or to make oral statements. This saves time and streamlines the process significantly, particularly in extensive cases where reviewing recordings would otherwise take up considerable court time. When oral evidence can be handled by reference, the main hearing is streamlined and shortened, which is expected to reduce legal costs and improve the efficiency of the Court of Appeal\u2019s work. The reference procedure may be used where appropriate, having regard to the nature and scope of the case. In Sweden, the reference procedure has in practice become fairly common in the Court of Appeal, and it remains to be seen how the procedure will develop in the Finnish Courts of Appeal.<\/p>\n
The reform has also amended the content requirements for appeals to the Court of Appeal. The appeal must be drafted in accordance with the structure agreed in the District Court. The appellant must specify precisely which of the District Court\u2019s recordings are to be used in the Court of Appeal, and to what extent. The appellant must also state which parts of each heard person\u2019s testimony given in the District Court remain at issue in the Court of Appeal. A request for a main hearing must still be substantiated, and the appellant must at the same time state whether oral evidence or in-person hearings are required at the main hearing. Similarly, all requests for re-hearings, supplementary hearings, or the examination of recordings by the reference procedure must be substantiated.<\/p>\n
We consider the legislative amendment a positive reform. Going forward, it remains to be seen how the objectives set for it are achieved and what the procedure will look like in practice. We are well prepared for the reform in our own operations and are happy to answer any questions on this matter.<\/p>\n","protected":false},"excerpt":{"rendered":"
The reform and its objectives Finnish court proceedings have undergone significant change following the evidence recording reform, which entered into force on 1 October 2026. Under the legislative amendment, all oral evidence presented in the District Court is recorded on video, and these recordings will generally be used in appeals before the Court of Appeal […]<\/p>\n","protected":false},"author":11,"featured_media":2445,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[45],"tags":[800],"class_list":["post-8117","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-insight","tag-evidence-recording-reform"],"acf":[],"yoast_head":"\n