As a general rule, you have the right to an oral hearing in at least one stage of the proceedings. This means that you can ask for an oral hearing.
There is no automatic right to an oral hearing at all stages of court proceedings. Human rights standards provide that if the court has held an oral hearing in the first instance, States may choose to offer higher courts the discretion to further have written proceedings. They may also choose not to hold an oral hearing if the nature of the case is purely legal or very technical. For example, issues on the correction of mathematical errors in a judgement or hearings on issues of admissibility.
Need for an oral hearing
Generally, written proceedings are held before a court of appeal on points of law. However, an oral hearing must be held if any party has contested the credibility of witnesses or important facts in the case. 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. According to Moldovan law, the court actions of low value are examined in written proceedings both in the first instance court and in the court of appeal, but even in this case you may request an oral hearing be held.
Participation
In Moldova, you have a right to be present at oral hearings. You can either attend them yourself or send a representative. Before the first 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 not summon you again in further proceedings and to examine the case in your absence or even to strike out 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 adoption secrets), members of the general public can be denied access to a hearing.