Summary

The Estonian court system is characterised by a simple three-tier structure in hearing civil matters. The circuit court is a court of appeal because it hears judgments of the court of first instance in appeal proceedings. The circuit court has a limited competence: it shall verify whether a judgment of a court of first instance is lawful and reasoned only with regard to the parts of the decision which are appealed, and in doing so, takes account of the facts that had been correctly established by the county court. The circuit court considers new facts in so far as submission of new facts is permitted (§ 651 (1) and § 652 of the Code of Civil Procedure).

The article gives an overview of the prerequisites for considering circumstances and evidence contained in §§ 652 and 656 of the Code of Civil Procedure and the practice of applying these provisions. The provisions entail the principle of preclusion of the submission of circumstances and evidence in the court of appeal, and it depends on the judicial practice whether the principle is undermined or kept. By analysing the judgements of the Supreme Court, the author reaches the conclusion that the principle of preclusion applies in Estonia.