Applying to the Court of Appeal

You can apply for the restoration of expired time if you have a lawful excuse (i.e. valid reason) for missing the deadline to appeal. This means that you must demonstrate that the delay was due to circumstances beyond your control and that you could not foresee, for example that you were seriously ill and was unable to submit an appeal on time. If the application is approved, you will have new time to appeal the ruling.

You must send the application to the Court of Appeal if the decision has been handed down by the district court or by an authority whose decision would have been appealed to the district court. If the ruling has been handed down by the Court of Appeal, the application must be sent to the Supreme Court.

The application must include:

• information about what ruling the application pertains to (court and case number);
• the reasons for why you believe that the Court of Appeal should grant your application, and
• any evidence.

Your application for the restoration of expired time must have been received within three weeks of the ending of whatever prevented you from appealing on time, for example from the date you recovered from a serious illness. However, the application must be submitted no later than one year after the end of the appeal period. If the application is submitted too late, the court will reject it.

You can use the court's e-service to submit your application. A link to the e-service can be found further down the page. You can also submit your application by post. If you mail in your application, it must be signed in the original copy.

For more information about restoration of lost time, see Chapter 58. Section 11-13 of the Swedish Code of Judicial Procedure.

A new trial means that the court can try your case again, even though the decision has gained legal force.

You may be entitled to a new trial if, for example:

• a member or official of the court has committed a crime or violation that may have affected the outcome of the case;
• written evidence has been falsified or a witness or expert has lied and this may have affected the outcome of the case;
• new significant evidence has emerged; or
• it is clear that the adjudication violates the law.

You must send the application to the Court of Appeal if the decision has been handed down by the district court or by an authority whose decision would have been appealed to the district court. If the ruling has been handed down by the Court of Appeal, the application must be sent to the Supreme Court.

The application must include:

• information about what ruling the application pertains to (court and case number);
• the reasons for why you believe that the Court of Appeal should grant your application, and
• any evidence.

The deadline for when you must apply for a new trial depends on whether it is a criminal case or a civil case, and on why you are applying for a new trial. If the application is submitted too late, the court will reject it.

You can use the court's e-service to submit your application. A link to the e-service can be found further down the page. You can also submit your application by post. If you mail in your application, it must be signed in the original copy.

For more information on a new trial, see Chapter 58. Section 1-10 a of the Swedish Code of Judicial Procedure.

If you believe that there has been a serious procedural error that is likely to have influenced the decision, you can file a complaint about grave procedural error. Serious procedural error means that the court has made a very serious error during the proceedings. For example if a party has not been informed of material in the case that has been significant for the trial.

You can be granted approval on an application for grave procedural error if, for example:

• the case has been raised despite the fact that there has been a procedural impediment (for example, that the case should be processed in a different type of court)
• a party has not received the application for a summons or has appeared in the case;
• the judgment is written in such a way that it is not clear how the court has ruled, or
• there has been another serious procedural error which is likely to have influenced the judgment or decision.

You must send the application to the Court of Appeal if the decision has been handed down by the district court or by an authority whose decision would have been appealed to the district court. If the ruling has been handed down by the Court of Appeal, the application must be sent to the Supreme Court.

The application must include:

• information about what ruling the application pertains to (court and case number);
• the reasons for why you believe that the Court of Appeal should grant your application, and
• any evidence.

The deadline for when you must complain about grave procedural error depends on why you are filing a complaint. If the application is submitted too late, the court will reject it.

You can use the court's e-service to submit your application. A link to the e-service can be found further down the page. You can also submit your application by post or email.

If the Court of Appeal does not process a case or matter within a reasonable amount of time, you as a party in the case can request a declaration of precedence. The Court of Appeal will then decide whether the case should be prioritised over other cases in the court.

You can only apply for a declaration of precedence with the Court of Appeal if it regards a case that is pending in the Court of Appeal. You can submit your request in the case. The issue of declaration of precedence will then be processed as an administrative matter.

Further information on the declaration of priority can be found in the act (2009:1058) on declaration of precedence in a court of law.

You can report to the Parliamentary Ombudsman (JO) if you believe that you or someone else has been mistreated by a court or an official of the court when handling a case during the processing a matter. JO does not comment on whether the court has made an accurate assessment in the case, but only whether the court has treated parties and processed the matter correctly.

If you believe that an incorrect decision by a court has caused you harm, you can request compensation from the Attorney General (JK).

Neither JO nor JK can change the court's ruling.

Read about how a JO report is filed on the Parliamentary Ombudsman’s website.

Read more about how to request compensation on the Attorney General's website.