You have the right to an oral hearing in at least one stage of the proceedings. First instance civil courts in Slovenia always hold an oral hearing (glavna obravnava).
There is no automatic right to an oral hearing at all stages of court proceedings. Higher courts can choose to have written proceedings if there are no relevant questions of fact left to be investigated or if the nature of the case is purely legal or very technical.
Need for an oral hearing
Generally, written proceedings can be held before a court of appeal. However, an oral hearing must be held if the court of appeal realizes that the evidence, already presented at the first instance court, must be repeated to correctly establish the facts. You also have the right to an oral hearing if you have not been given adequate opportunities to participate in hearings in the previous stage of the proceedings. For example, to present your arguments and objections or to challenge your opponent’s evidence.
Participation
In Slovenia, you have a right and obligation to be present at oral hearings. You can either attend them yourself or send a representative. Before each hearing, the court will notify you about the date and time of the next hearing. Therefore, you have to be reachable at the address you have given to the court.
If you do not attend the court hearings and do not notify the court in a timely manner about reasons justifying your absence, the court is entitled to examine the case in your absence, which might have significant consequences for your case. An oral hearing must also be accessible to members of the general public.
In special circumstances (for example, cases involving state secrets or in cases of family disputes), members of the general public can be denied access to a hearing.