You have the right to an oral hearing at least in the first instance of the court.
According to Moldovan law, Administrative court in the first and appeal instances examine cases in oral hearings. Cases in the appeal on points of law court (usually in the Supreme Court of Justice) are held in written procedure, which means they are held without organizing an oral hearing. However, at your request, the court may organize an oral hearing in the appeal on points of law instance as well. Where participants in the trial agree, written procedure may be applied in all instances.
The need for an oral hearing
Oral hearings do not have to be organized at all stages of the trial. An issue can be examined without an oral hearing if it is very technical or purely legal (such as issues on the correction of mathematical errors in a judgement or hearings on admissibility). Generally, if there has been an oral hearing in the first instance, higher instances, such as the court of appeal on points of law in Moldova, can examine the case in written procedure.
However, if the appeal raises issues of credibility of witnesses or contests important facts, the court should examine your case in an oral hearing. You also have the right to an oral hearing in the appeals stages if you did not have an adequate opportunity to participate in the previous hearings. For example, to adequately present your arguments and objections and to challenge your opponent’s evidence.
Participation
If an oral hearing is held, you have the right to be present at the court in person or through a representative. Before each hearing, the court must notify you about the date and time of the next hearing. Therefore, you must be reachable at the address that you have provided to the court. If you appeared at least once in the court hearing or performed procedural acts in the context of the specific case, you cannot further invoke the lack of summons for a later date.
If you do not attend the court hearings and do not notify the court in advance about the reasons that justify your absence, the court can examine the case in your absence. The oral hearing must also be accessible to members of the general public. In special circumstances members of the general public can be denied access to a hearing. This can, for example, be in cases which involve a state secret or adoption secret.