How do I appeal a district court ruling on alimony in Denmark, and what are the deadlines and evidence rules?
Lawyer Answers
mohammad mehdi ghanbari
Hello, good morning
Yes, you can appeal a district court's alimony decision to the High Court (Landsretten) in Denmark. The Danish court system generally allows for a ruling from a district court to be appealed to a higher court.
Appealing to the High Court
In Denmark, most court cases start in one of the 24 district courts, and their rulings can typically be appealed to one of the two High Courts. The High Court of Western Denmark in Viborg handles cases from Jutland, while the High Court of Eastern Denmark in Copenhagen covers the rest of the country. Which court you appeal to depends on the district where the original case was heard. However, if the financial value of the case is below a certain threshold (DKK 20,000 or DKK 50,000, depending on the source), you may need to obtain permission to appeal from the Appeals Permission Board (Procesbevillingsnævnet). An appeal to the High Court involves a new hearing of the case.
Deadlines for Appeal
The standard deadline for filing an appeal is four weeks from the date the district court's judgment was issued. It is often recommended to file the appeal within two weeks, as this will suspend the requirement to make payments according to the original judgment.
Introducing New Evidence
You can introduce new evidence during the appeal to some extent. While you cannot make entirely new claims, you are generally permitted to present new evidence that is relevant to your case. This means you could likely introduce evidence of your changed financial circumstances since the first hearing. However, there are some restrictions on submitting new party-appointed expert evidence. The court will review the case based on the evidence presented.
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