Lagmansforhandling

Lagmansforhandling refers to a legal proceeding in Swedish law that takes place before a Lagman, who is a senior judge. Historically, the Lagman was a significant figure in the medieval Scandinavian legal system, presiding over local assemblies and administering justice. In modern Swedish law, the term is primarily used in the context of appeals.

When a case is appealed from a lower court, such as a district court (tingsrätt), to a court of appeal (hovrätt), the proceedings in the court of appeal are often referred to as a lagmansforhandling. This signifies that the case is being heard by a panel of judges, with the presiding judge being a hovrättsråd (councilor of the court of appeal), who historically held a position akin to the Lagman.

The lagmansforhandling involves a review of the district court's decision. Depending on the nature of the appeal and the court's decision, the proceedings may involve a full retrial of the case, including the examination of witnesses, or a more limited review based on the evidence and documents already presented in the lower court. The purpose is to ensure that justice has been served and that the law has been applied correctly. The decisions made during a lagmansforhandling can then be further appealed to the Supreme Court (Högsta domstolen), but only if leave to appeal is granted.